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David Allen Funston, a convicted serial child molester once described in court as “the monster parents fear the most,” has been granted elderly parole, a decision that has prompted concern from survivors and the prosecutor who tried the case.

The California Board of Parole Hearings this week upheld a September grant of parole after previously denying Funston in May 2022, according to reporting by the Los Angeles Times.

Records from the California Department of Corrections and Rehabilitation cited in the reporting show the full board affirmed that Funston is suitable for release.

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The decision becomes final unless overturned through legal or administrative appeal. Officials have not provided an estimated discharge date.

Funston is currently incarcerated at the California Institution for Men. The parole grant clears a path for his release after decades in prison.

Under California’s elderly parole rules, inmates who are at least 50 years old and have served 20 continuous years in state prison may be considered for release.

The Board of Parole Hearings must weigh a person’s age and lengthy incarceration against any ongoing risk to public safety.

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The elderly parole process was created through court orders and legislative changes that broadened review opportunities for long-term prisoners.

The Board of Parole Hearings states that elderly parole is an administrative suitability review and not an automatic release, and certain sentences are excluded from eligibility.

Funston was convicted in 1999 on 16 counts of kidnapping and child molestation stemming from a series of attacks in 1995 and 1996.

Prosecutors said he lured children with candy and toys and, in at least one assault, held a knife to a child’s throat.

Multiple children, some as young as 3 years old, testified against him during trial proceedings.

He was sentenced to 20 years and eight months, in addition to three consecutive 25-to-life terms.

Contemporary reporting from the time described the trial judge sharply condemning Funston and detailing the lasting harm inflicted on the victims and their families.

Following the parole decision, former Sacramento County deputy district attorney Anne Marie Schubert, who prosecuted Funston in 1999, sent a letter to the California Department of Corrections and Rehabilitation requesting that he be screened under the state’s sexually violent predator law, the Los Angeles Times reported.

If evaluators determine that Funston meets the statutory criteria for designation as a sexually violent predator, the Department of State Hospitals may recommend that prosecutors seek a court order for civil commitment to a state hospital rather than release into the community.

The California State Auditor has outlined how the sexually violent predator process functions.

It includes clinical evaluations, petitions filed by prosecutors and court proceedings to determine whether an individual enters the sexually violent predator system.

In some cases, individuals may later qualify for a conditional-release program, depending on court findings and ongoing assessments.

Survivors of Funston’s crimes and Schubert have argued that his history of predatory behavior and the use of force in the underlying offenses warrant consideration for civil commitment instead of community release.

According to the auditor’s report, the screening and evaluation process, along with potential court proceedings, can take months.

If an SVP petition is filed, the process may pause or affect the timing of parole.

For the victims and their families, the parole grant has reopened wounds tied to the original case. One victim summarized the reaction bluntly: “That man is a monster.”

Several survivors have said they intend to pursue all available legal options in an effort to prevent Funston’s release.

The outcome may depend on whether state evaluators recommend moving forward under the sexually violent predator statute and how the courts ultimately rule on any such petition.

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