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Serial California child molester granted parole despite life sentences: report

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Published  February 23, 2026 1:49pm PST
Crime and Public Safety
FOX 11

The Brief

    • Convicted child molester David Allen Funston, 64, has been granted parole despite receiving three life sentences for a 1990s crime spree.
    • Funston was approved under California’s Elderly Parole Program, which allows hearings for inmates over 50 who have served 20 consecutive years.
    • Former prosecutors and victims are expressing outrage, with calls to place him in a sexually violent predator program rather than public release.

SACRAMENTO COUNTY, Calif. - A convicted child molester in California is set to be released from prison following a finalized parole decision that has prompted public outcry. 

What we know:

Despite his original sentencing for the kidnapping and molestation of seven children, California Department of Corrections and Rehabilitation (CDCR) records confirm 64-year-old David Allen Funston's release was officially upheld on Feb. 18, 2026, the Los Angeles Times reports.

The backstory:

Funston's crimes took place between 1995 and 1996 in the Sacramento area, where he targeted six girls and one boy.  He was eventually arrested after a neighbor took down his license plate and called police. 

Dig deeper:

Although sentenced to three life terms, Funston became eligible for parole under the state’s Elderly Parole Program. 

Under current California law, an inmate becomes eligible for an elderly parole hearing once they reach age 50 and have served at least 20 continuous years of incarceration. During these hearings, the Board of Parole Hearings (BPH) must specifically weigh whether the inmate's advanced age, long-term confinement, and any diminished physical or cognitive conditions have reduced their risk of committing future violent acts. This is often referred to as "special consideration."

Originally a court-ordered policy to address prison overcrowding, it was codified into state law and expanded in 2021.

What we don't know:

The exact date of Funston’s release remains unclear.

Details on his destination once he leaves the California Institution for Men in Chino were not released.

It is also unknown if the state will act on requests to transition him directly into a sexually violent predator program at a state hospital.

The Source: This report is based on official California Department of Corrections and Rehabilitation (CDCR) incarceration and parole records, which document the Feb. 18 finalization of Funston's release, as obtained by the Los Angeles Times. 

Crime and Public SafetyCalifornia