SB 1278: Elderly Parole Program.

California · Senate · 2025–2026 Regular Session · last verified June 1, 2026

What SB 1278 does, verified June 1, 2026

This bill aims to amend the existing elderly parole program to give special consideration to inmates who are 50 years of age or older and have served a minimum of 20 years of continuous incarceration. The program reviews the parole suitability of these inmates and takes into account their risk of future violence. The bill would exclude certain individuals from the program, including those convicted of serious felonies, first-degree murder of a peace officer, or life in prison without parole. Additionally, it would exclude individuals receiving enhancements for committing certain sexual offenses, such as rape, sodomy, or lewd and lascivious acts, and habitual sex offenders. These exclusions would apply to all individuals incarcerated as of January 1, 2027.

Bill journey

1IntroducedCurrent

2In CommitteePending

3First Chamber FloorPending

4Second ChamberPending

5GovernorPending

6ChapteredPending

Last action: April 21 set for first hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 3984.) Reconsideration granted. (2026-04-22)Alert me

Author and sponsors

Sen. Roger NielloAuthor · California State Senate

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Coauthors

Josh HooverMaggy KrellTom LackeyRosilicie Ochoa BoghSuzette Martinez Valladares

Recent actions8 total · showing 5

Apr. 22, 2026	April 21 set for first hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 3984.) Reconsideration granted.
Apr. 10, 2026	Set for hearing April 21.
Apr. 08, 2026	Re-referred to Com. on PUB. S.
Mar. 23, 2026	From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar. 04, 2026	Referred to Com. on RLS.

Full action history, 3 earlier actionsConnect Plus

Latest bill textAmended version, March 23, 2026 · 1,160 words

Amended IN Senate March 23, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1278

Introduced by ~~Senator Niello~~ Senators Niello and Jones
(Principal coauthor: Assembly Member Hoover)
(Coauthors: Senators Ochoa Bogh and Valladares)
(Coauthors: Assembly Members Krell and Lackey)

February 20, 2026

~~An act to amend Section 11164 of the Penal Code, relating to child abuse.~~ An act to amend Section 3055 of the Penal Code, relating to parole.

LEGISLATIVE COUNSEL'S DIGEST

SB 1278, as amended, Niello. ~~Child Abuse and Neglect Reporting Act.~~ Elderly Parole Program.

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.
Existing law, the Child Abuse and Neglect Reporting Act, defines “sexual abuse” as sexual assault or sexual exploitation for purposes of mandating certain persons to report suspected cases of child abuse or neglect. Existing law provides that the intent and purpose of this act is to protect children from abuse and neglect, and requires all persons participating in the investigation of suspected child abuse or neglect to consider the needs of the child victim. Under existing law, the failure to report known or suspected instances of child abuse, including sexual abuse, is a misdemeanor.
~~This bill would make technical, nonsubstantive changes to this statement of intent and the provision naming the act.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3055 of the Penal Code is amended to read:

3055.

(a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings, for purposes of reviewing the parole suitability of any inmate who is 50 years of age or older and has served a minimum of 20 years of continuous incarceration on the inmate’s current sentence, serving either a determinate or indeterminate sentence.

(b) (1) For purposes of this code, the term “elderly parole eligible date” means the date on which an inmate who qualifies as an elderly offender is eligible for release from prison.

(2) For purposes of this section, “incarceration” means detention in a city or county jail, local juvenile facility, a mental health facility, ~~a Division of Juvenile Justice facility,~~ or a Department of Corrections and Rehabilitation ~~facility.~~ facility for adults or juveniles.

(c) When considering the release of an inmate specified by subdivision (a) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly inmate’s risk for future violence.

(d) When scheduling a parole consideration hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the inmate meets or will meet the criteria specified in subdivision (a).

(e) An individual who is subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. If an inmate is found suitable for parole under the Elderly Parole Program, the board shall release the individual on parole as provided in Section 3041.

(f) If parole is not granted, the board shall set the time for a subsequent elderly parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. No A subsequent elderly parole hearing shall not be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing.

(g) This section does not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or in cases which an individual was sentenced to life in prison without the possibility of parole or death.

(h) This section also does not apply if the person was convicted of any of the following:
(1) Subparagraphs (3) to (6), inclusive, or subparagraphs (11), (16), or (18), of subdivision (c) of Section 667.5.
(2) Subparagraphs (3) to (6), inclusive, or subparagraphs (25), (29), (34), (35) or (42), of subdivision (c) of Section 1192.7.
(i) This section does not apply to cases in which sentencing occurs pursuant to subdivisions (c) to (e) inclusive, of Section 667.6, 667.61, or 667.71.
~~(h)~~

(j) This section does not apply if the person was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of their duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of their duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of their official duties.

(k) The provisions of subdivisions (h) to (j), inclusive, shall apply to a person who is 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.
~~(i)~~

(l) This section does not alter the rights of victims at parole hearings.

~~(j)~~

(m) By December 31, 2022, the board shall complete all elderly parole hearings for individuals who were sentenced to determinate or indeterminate terms and who, on the effective date of the bill that added this subdivision, are or will be entitled to have their parole suitability considered at an elderly parole hearing before January 1, 2023.

SECTION 1.Section 11164 of the Penal Code is amended to read:
11164.
~~(a)This article shall be known, and may be cited, as the Child Abuse and Neglect Reporting Act.~~
(b)The intent and purpose of this article is to protect children from abuse and neglect. In an investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim.

Text of SB 1278 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions