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Deceased Fresno Correctional Officer Inspires Proposed State Law
David Taub Website photo 2024
By David Taub, Senior Reporter
Published 1 hour ago on
March 26, 2026

A proposed California law inspired by deceased Fresno County correctional officer Toamalama Scanlan would give peace officer status to correctional officers. (GV Wire Composite)

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A bill to designate correctional officers as peace officers — inspired by a Fresno County correctional officer who died five years ago — passed a state Assembly committee this week.

Authored by Assemblymember Juan Alanis, R-Modesto, AB 2004 would grant correctional officers — specifically in Fresno and San Joaquin counties — the same rights as deputy sheriffs. Alanis said 40 other counties recognize correctional officers as peace officers.

The bill is inspired by Toamalama Scanlan, a Fresno County correctional officer shot in the head in 2016 at the jail while responding to a shooter in the lobby. The former Fresno State defensive end died in 2021 from his injuries. Alanis said Scanlan was excluded from the California Peace Officers Memorial because his position is not considered a peace officer.

“Officer Scanlan’s courage represents the very best of public service,” Alanis said. “He answered the call without hesitation, and his sacrifice should be recognized in the same manner as any other peace officer in California. This bill helps ensure more correctional officers receive the support and recognition they deserve.”

Fresno County Public Safety Association President Ricardo Necochea said the bill would give correctional officers expanded death benefits and increase criminal penalties if they are assaulted. His union represents correctional officers.

“This is a significant milestone for our profession and for the safety of our community,” Necochea said in a statement.

The peace officer designation would allow correctional officers to carry weapons in more places. Currently, they are allowed to carry weapons when in the presence of an inmate outside the jail.

Union Opinions Differ on the Bill

The Fresno Deputy Sheriff’s Association, the union representing deputies, officially opposed the bill. The Fresno County Public Safety Association supported it.

Another law enforcement group, the Peace Officers Research Association of California, also opposed the bill. The group said correctional officers do not meet the same training standards as deputies and often earn less.

“There is a strong incentive to use them as a substitute for fully trained deputy sheriffs,” PORAC wrote in bill documents. “While we understand the operational needs counties are seeking to address, this approach could blur the distinction between fully trained deputy sheriffs and personnel assigned primarily to custodial roles. Over time, this may lead to increased reliance on positions with different training requirements in roles traditionally filled by deputy sheriffs.”

The bill passed the Assembly Public Safety Committee 8-0 on Tuesday. It next goes to the Assembly floor for a vote.

Elderly Early Release Controversy

The controversy continues after convicted sex offender David Allen Funston was paroled and nearly moved to Fresno.

Last month, after Funston was released from prison when his parole was affirmed by the Board of Parole Hearings, Placer County law enforcement officials arrested him on decades-old charges of child kidnapping and molestation that were never brought to court.

Funston was convicted in 1999 in Sacramento County of kidnapping and committing lewd and lascivious acts. He was sentenced to 68 years to life. However, he was granted parole last September under a California law allowing elderly prisoners to be released early.

His near-release created new scrutiny of the elderly early release law and calls for Gov. Gavin Newsom to replace the board that granted and affirmed his release.

How Local Lawmakers Voted on Early Release

The state Legislature established the elderly release law in 2017. Inmates 60 years or older serving at least 25 years would be eligible for parole. Assemblymember Joaquin Arambula, D-Fresno, voted against the original bill. So did Anna Caballero, D-Merced, a state senator and former assemblymember. Adam Gray, D-Merced, and Vince Fong, D-Bakersfield, are now members of Congress but as assemblymembers in 2017 also voted against the bill.

The law changed in 2020, reducing parole eligibility requirements to inmates 50 years or older who have served 20 years. This time, Arambula voted in favor. Sen. Shannon Grove, R-Bakersfield, and Fong voted no. Sen. Melissa Hurtado, D-Bakersfield, and Gray did not cast a vote. Caballero was not in the legislature at the time.

Arambula is running for Fresno City Council on the June 2 primary. Caballero is running for state treasurer. Grove is running for the Board of Equalization. Hurtado is running again for state Senate, and Gray and Fong are running for congressional re-election.

The change in the law would have been moot in Funston’s case. He was 63 last year, having served more than 25 years.

Funston Wanted to Live in Fresno

During his September 2025 parole hearing which he was granted release, Funston requested to be released to the Centers for Living in Fresno. Patricia Cassady, a parole hearing commissioner appointed by Newsom, and Michael Mette, a deputy commissioner, conducted the hearing. No other decision-maker was listed in the hearing transcript.

Newsom said his hands were tied on Funston’s release.

“BPH is an independent agency and made this decision. The governor asked for BPH to re-review its decision. The governor didn’t agree with the outcome,” a spokesperson told GV Wire.

The governor’s power to reverse the parole board is limited to murder cases.

At its Feb. 18 meeting, the full 17-member BPH board affirmed Funston’s release. A vote count was not released, but a majority approved. Two Central Valley members of the board — Troy Taira of Madera County and Mary Thornton of Fresno County — were not present.

“Commissioners for the Board of Parole Hearings take many factors into consideration when determining a candidate’s release suitability. This includes the Comprehensive Risk Assessment, the candidate’s central file, parole plans and impact statements. The law requires that a hearing panel must grant parole at a parole hearing unless it determines the incarcerated person currently poses an unreasonable risk of danger to society if released from prison. Commissioners may not deny parole based solely on the facts of the crime,” a BPH spokesperson said.

Sen. Brian Jones, R-San Diego, has introduced several bills over the last five years to revert the elderly release consideration back to 60/25, exclude sexually violent offenders, and make parole board votes public. While passing through the Senate, the bills stalled in the Assembly.

Funeral for Mayor’s Father Set

Fresno Mayor Jerry Dyer announced funeral services for his father, Don Dyer, who recently passed away.

A semi-private graveside service will take place Wednesday, April 1, followed by a celebration of life at 10:30 a.m. at the Worship Centre Church in Fowler (2830 E. Manning Ave.). A barbecue lunch will follow at the Sunset Acres Venue (8853 S. Fowler Ave., Fowler).

The elder Dyer died March 17. Like his son, Don Dyer served in the Fresno Police Department.

“Today was the toughest day of my life as I had to say goodbye to my childhood hero, my Dad. The toughest man I have ever known. He taught me to have a strong work ethic and to be a man of my word. I am so thankful I had the opportunity to lead my Dad to Christ many years ago and rejoice in knowing that he is in the loving arms of our Lord and Savior, Jesus Christ. Rest in peace Dad. And thank you for the memories. I love you!” Jerry Dyer wrote on Facebook.

The Fresno City Council adjourned its March 19 meeting in honor of Don Dyer.

Mayor Jerry Dyer’s Facebook post

Politicker …

Kevin Khammouane Thakman voluntarily surrendered his state certification on March 3, meaning he can no longer serve as a police officer. The Peace Officer Standards Accountability Advisory Board voted in February to recommend decertifying Thakman. The full Commission on Peace Officer Standards and Training would have voted on the recommendation at a future meeting. The Fresno Police Department veteran, with more than 30 years of service, was accused of swatting a former romantic partner in 2023. Although police internal affairs recommended his firing, he ultimately received a 160-hour suspension and demotion.

Benjamin Martin, a Madera County man convicted but later pardoned for his role in the Jan. 6 riot, is now running for Madera County Supervisor. Martin is running against incumbent Jordan Wamhoff. The Fresno Bee first reported the story.

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David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

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