SB 1278 California Senate · 2025-2026 Regular Session

Elderly Parole Program.

Summary

Existing law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 50 years of age or older and who have served a minimum of 20 years of continuous incarceration on their sentence. Existing law requires the Board of Parole Hearings, when considering the release of qualifying inmates, to give special consideration to whether certain criteria have reduced the elderly inmate's risk for future violence. Existing law excludes various persons from these provisions, including, among others, persons convicted of serious felonies, persons convicted of first-degree murder of a peace officer, or persons sentenced to life in prison without the possibility of parole. This bill would additionally exclude, among others, persons receiving an enhancement to their sentence for committing certain sexual offenses including, among others, rape, sodomy, or lewd and lascivious acts, and habitual sex offenders. The bill would specify that these exclusions apply to all persons incarcerated as of January 1, 2027, regardless of the person's previous eligibility for parole or the status of any parole petition filed prior to that date.

Issues: ✓ Criminal Justice

Bill status died 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 20, 2026 Last action Apr 22, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

02/20/26 - Introduced → 03/23/26 - Amended Senate · 6 edits · Mar 23, 2026

MODERATE

The amended version of SB 1278 adds a major new component: it now amends the Elderly Parole Program (Penal Code Section 3055) to exclude from parole eligibility certain sex offenders, including those convicted of rape, sodomy, lewd and lascivious acts on a child, and habitual sex offenders. These exclusions apply retroactively to all persons incarcerated as of January 1, 2027, even if they had previously been deemed eligible or had filed a parole petition. The original technical changes to the Child Abuse and Neglect Reporting Act naming remain.

Scope change

The bill expanded from a narrow technical amendment to the Child Abuse and Neglect Reporting Act to also include substantive changes to the Elderly Parole Program, adding new categories of sex offenders who are ineligible for elderly parole review. The retroactive application date of January 1, 2027 means previously eligible inmates could lose their parole eligibility.

SCOPE

The bill now amends Penal Code Section 3055 (Elderly Parole Program) in addition to its original amendment of Section 11164 (Child Abuse and Neglect Reporting Act). The bill title was expanded to reflect this broader scope.

ELIGIBILITY

New exclusions from the Elderly Parole Program for persons convicted of specific sexual offenses under Section 667.5(c) subparagraphs (3)-(6), (11), (16), or (18) - which cover rape, sodomy, oral copulation by force, and lewd/lascivious acts on a child under 14.

New exclusions from the Elderly Parole Program for habitual sex offenders under Section 1192.7(c) subparagraphs (3)-(6), (25), (29), (34), (35), or (42).

TIMELINE

The new sexual offense exclusions apply retroactively to all persons incarcerated as of January 1, 2027, regardless of whether they were previously found eligible for parole or had a pending parole petition before that date.

FISCAL

The fiscal committee designation changed from 'no' to 'yes,' indicating the amendment introduces a state fiscal impact (likely related to continued incarceration of newly excluded inmates).

TECHNICAL

Additional coauthors were added: Senators Jones, Ochoa Bogh, and Valladares; Assembly Members Hoover (principal coauthor), Krell, and Lackey.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 22, 2026

Committee

April 21 set for first hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 3984.) Reconsideration granted.

upper

Apr 8, 2026

Committee

Re-referred to Com. on PUB. S.

upper

Mar 23, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

upper

Mar 4, 2026

Committee

Referred to Com. on RLS.

upper

Feb 20, 2026

Introduced

Introduced. To Com. on RLS. for assignment. To print.

upper

1 primary · 6 co-sponsors