California's softened elderly parole law sparks controversy over early releases

In 2020 Gov. Gavin Newsom approved legislation that reduced the parole eligibility threshold from 60 years of age and 25 years served to 50 and 20 years, respectively, to alleviate overcrowded prisons. Since the rule took effect, inmates such as Gregory Lee Vogelsang, sentenced to 355 years for child sex crimes, and David Allen Funston, convicted of kidnapping and molesting multiple children, have been granted parole in their 60s. The releases have ignited public outcry, prompting Assemblymember Stephanie Nguyen to introduce AB 2727, which would raise the qualifying age to 65 and require at least 25 years of incarceration.

The bill was softened from an original proposal to raise the age to 75 after pushback from the Prison Policy Initiative, which cites research on declining recidivism among seniors. Despite the controversy, the amended law remains pending and has not been enacted. Opponents argue that age alone should not determine parole eligibility for violent offenders.