Sacramento Democrats Amend AB 2727: Serial Rapists and Child Predators Now Eligible for Elderly Parole at Age 65

Assemblymember Stephanie Nguyen (D-Elk Grove) and Sacramento County District Attorney Thien Ho, a Democratic candidate for U.S. House in California’s 6th Congressional District in the 2026 election, have agreed to amend Assembly Bill 2727, opening the door for serial sex offenders and child predators — including those sentenced to multiple life terms — to qualify for “elderly parole” hearings once they turn 65. 

The amended bill passed the Assembly Public Safety Committee on Wednesday, with bipartisan support — but delivers far weaker protections than originally promised.

The original proposal was introduced in February 2026 with strong safeguards: permanent bans on elderly parole for the most heinous child sex crimes — including aggravated sexual assault of a child, forcible lewd acts, and “One Strike” offenses against multiple victims — and a higher bar of age 75 with 30 years served for other violent sexual offenses. 

The amended version guts those promises. It merely raises the eligibility age from 50 to 65 for many violent sex offenders and adds a Department of State Hospitals screening. It drops the permanent exclusions and the tougher 75/30 threshold entirely.

The bill, which advanced out of the Assembly Public Safety Committee on Tuesday with bipartisan support, was originally positioned as a reform in direct response to public outrage over the near-release of notorious offenders like David Allen Funston, a serial child molester sentenced in 1999 to three life terms for abusing multiple children. Funston, who reportedly still admits to ongoing sexual attraction to children, became eligible under the state’s existing elderly parole program (age 50 is considered elderly) and was only stopped from walking free after new charges surfaced. 

Critics, including victims’ rights advocates and former prosecutors, are sounding the alarm. 

Anne Marie Schubert of Schubert Strategies, a former Sacramento District Attorney and lead prosecutor in the Golden State Killer case, called the amendment “outrageous,” noting that it would still give predators like Funston and Roy Waller — the “NorCal Rapist” sentenced to over 800 years to life — a shot at release simply because they have gotten older. 

🚨 OUTRAGEOUS: Sacramento Politicians Just Opened the Door to Release SERIAL SEX OFFENDERS and CHILD PREDATORS🚨

In a stunning and deeply troubling move, Assembly member Stephanie Nguyen and Sac DA Thien Ho agreed to amend AB 2727 to allow SERIAL RAPISTS and CHILD PREDATORS to…

— Schubert Strategies (@schubertstrat) April 8, 2026

“Age does NOT erase predatory behavior. Time does NOT undo the trauma inflicted on victims,” Schubert posted on social media. 

The California Globe has repeatedly documented how California’s parole system under Gov. Gavin Newsom has become a revolving door for dangerous child predators and sex offenders. 

In November 2022, we reported that thousands of convicted pedophiles were being released from prison in less than a year thanks to expansions of the elderly parole program.  

In March, Governor Newsom’s parole board granted the release of  Gregory Vogelsang, 57, who kidnapped, lured and molested five young children, one as young as 3 years old. Vogelsang was sentenced to 355 years to life for sexually assaulting children. A jury convicted him of 23 counts of forcible lewd acts on young boys.

We covered the disturbing case of Funston’s record and release, noting calls for Newsom’s resignation after the Parole Board initially granted his release under the program he helped shape. At the time of Funston’s sentencing, the judge declared that Funston was “the monster every parent fears.”

We also exposed how Newsom-appointed parole board members continue to grant early releases to violent rapists and child molesters, including an HIV-positive, home-invasion rapist freed after just 11 years. 

These cases and subsequent releases underscore a pattern: California Democrats talk tough on reform after public backlash but deliver half-measures that still put predators back on the street. 

Newsom’s policies trace back to initiatives like Proposition 57, which allowed “nonviolent” felons—including those with violent priors—to qualify for early parole by considering only their most recent charge. This has led to the release of habitual offenders, exacerbating crime spikes in cities like San Francisco. During the  pandemic, Newsom expanded early-release credits, making 76,000 prisoners eligible for accelerated parole. California DAs have repeatedly demanded explanations for these releases of violent criminals.

Even as courts have intervened—such as the California Appeals Court’s block on early releases of murderers, as  highlighted here—Newsom’s administration continues to prioritize prison depopulation over public safety. Recent DHS warnings urged Newsom to halt the release of over 33,000 criminal illegal aliens, many violent, into California communities and thousands of convicted pedophiles have also been freed after serving less than a year.

AB 2727 co-sponsors, including the Sacramento and Orange County District Attorneys’ offices, argue the bill adds “guardrails,” such as requiring a sexually violent predator evaluation. DA Thien Ho testified in support, claiming it prevents dangerous inmates from receiving “unearned and undeserved early prison release.” 

Yet, the amendment ensures that even the “worst of the worst” — repeat predators who terrorized multiple victims and received life sentences from judges — can now petition for release at 65. Do we all feel safer from a pedophile simply by waiting til he’s 65? 

The bill now heads to the Assembly Appropriations Committee. If passed and signed by Gov. Newsom, it would further entrench California’s soft-on-crime approach at a time when public safety should be the priority.

The California Globe will continue to track AB 2727.