David Allen Funston, 64, was convicted of kidnapping and child molestation in 1999. His punishment was originally three life sentences in prison, but through California’s Elder Parole program, he was found to be suitable for release at a hearing in September. Transcripts from that hearing show that, as recently as 2021, Funston was masturbating to children in prison. Funston said he had a “lapse” from 2020 to 2021 in which he had fantasies about children, including an 8-year-old girl who lived across the street from him and played with his daughter. He said after that, he saw a mental health counselor and developed an “urge control plan” that he has been practicing every day since. He said he is still attracted to female children. During the hearing, he also admitted to molesting a boy because of a “desire for power and control.” He said he molested the boy because the boy was vulnerable and available.He described pedophilia as a lifelong condition, saying, “There’s always a possibility that I’ll relapse. I, um, I know it’s not inevitable, so I know that it’s important for me to continue to build on my recovery. Uh, I don’t — I want to do everything I can to ensure that I — that I never harm another child.”Funston also described his urge control plan in which he would tell himself to stop and remember the consequences, along with focusing on victim impacts. During the hearing, Deputy District Attorney Dean Archibald said Funston was a “very dangerous guy” and posed an unreasonable risk of danger to the public. Even so, the panel found he was suitable for parole and did not pose an unreasonable risk to danger if released. A parole board member praised his urge control plan and said he planned to continue sex offender treatment. During the hearing, the presiding commissioner, Patricia Cassady, said in part, “…your present mental state is not the same as the mental state you had at the time of the crime. You didn’t have the coping skills that you have now. And so you have gained sufficient coping skills and tools to address defects in order to avoid repeating past mistakes.”In January, Gov. Gavin Newsom referred the case back to the board, requesting a review of the prior parole decision.After that review, the Board of Parole Hearings panel then reaffirmed its earlier decision.CDCR said Funston was scheduled to be released on Thursday, but turned him over to Placer County authorities after a new arrest warrant was issued. Funston is accused of sexually assaulting a child in Roseville in 1996, Placer County prosecutors said. In a statement, Placer County District Attorney Morgan Gire said, in part, “To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes … However, subsequent changes in state law and recent parole board failures have altered the practical effect of those life sentences for the victims and communities at large.”The Elderly Parole Program allows for a qualified individual’s elderly parole eligibility date to be calculated based on when they turn 50 years old and have served 20 years of continuous incarceration.Funston will be arraigned next week in Placer County Superior Court.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

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