Elderly Parole Program.
AB 2570
California Bills
20250AB__257098AMD INTRODUCED 2026-02-20 AMENDED_ASSEMBLY 2026-03-16 2025 AB AMD Introduced by Assembly Members Lackey and Hoover (Principal coauthor: Assembly Member Patterson) (Principal coauthor: Senator Niello) <caml:Contribution>LEAD_AUTHOR</caml:Contribution><caml:House>ASSEMBLY</caml:House><caml:Name>Lackey</caml:Name></caml:Legislator>"?> LEAD_AUTHOR ASSEMBLY Lackey LEAD_AUTHOR ASSEMBLY Hoover PRINCIPAL_COAUTHOR ASSEMBLY Patterson PRINCIPAL_COAUTHOR SENATE Niello
An act to amend
Section of the Penal Code, relating to crimes. crimes Elderly Parole Program. Existing law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are years of age or older and who have served a minimum of years of continuous incarceration on their sentence. This bill would raise the minimum age limitation for that program to years of age.
Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses, or attempts to commit those offenses, to annually, for a specified number of years or for life, register with local law enforcement agencies while residing in the state or while attending school or working in the state.
Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.</xhtml:p><xhtml:p>This bill would make a technical, nonsubstantive change to these provisions.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section 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 years of age or older and has served a minimum of 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. (
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 subsequent elderly parole hearing shall 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 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. (
i) This
section does not alter the rights of victims at parole hearings. (
j) 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. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'290.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_62EC30F9-4375-404F-91C1-764E97111A3E"><caml:Num>290.</caml:Num><caml:LawSectionVersion id="id_D9EEDFA8-8E2E-4EFF-9EFA-DEC1BC5244CF"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Sections to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act.
All references to “the Act” in those sections are to the Sex Offender Registration Act.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Every person described in subdivision (c), for the period specified in subdivision (
d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to
Section 290.5 or as otherwise provided by law.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The following persons shall register:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of
Section committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable under
Section 286, 287, 288, or or former
Section 288a,
Section or committed with intent to violate
Section 261, subdivision (
c) or (
d) of
Section 261.5 if the offense occurred on or after January 1, 2026, 286, 287, 288, or or former
Section 288a,
Section 220, except assault to commit mayhem, subdivision (
b) or (
c) of
Section 236.1,
Section 243.4,
Section 261, paragraph (1) of subdivision (
a) of former
Section involving the use of force or violence for which the person is sentenced to the state prison,
Section 264.1, 266, or 266c, subdivision (
b) of
Section 266h, subdivision (
b) of
Section 266i,
Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former
Section 288a, subdivision (b), (c), or (
d) of
Section 311.2,
Section 311.3, 311.4, 311.10, 311.11, or 647.6, former
Section 647a, subdivision (
c) of
Section 653f, subdivision or of
Section 314, any offense involving lewd or lascivious conduct under
Section 272, or any felony violation of
Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>A person who is years of age or older, is convicted on or after January 1, 2025, of a violation of paragraph (2) of subdivision (
l) of
Section 647, and has a prior conviction for a violation of subparagraph (
A) of paragraph (2) of subdivision (
l) of
Section shall register if, at the time of the offense, the person was more than years older than the solicited minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph does not preclude the court from requiring a person to register pursuant to
Section 290.006.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Notwithstanding paragraph (1), a person convicted of a violation of subdivision (
c) or (
d) of
Section 261.5, subdivision (
b) of
Section 286, subdivision (
b) of
Section 287, or subdivision (
h) or (
i) of
Section shall not be required to register if, at the time of the offense, the person is not more than years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to
Section 290.006.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>A tier one offender is subject to registration for a minimum of years.
A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (
c) that was not a serious or violent felony as described in subdivision (
c) of
Section 667.5 or subdivision (
c) of
Section 1192.7.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>A tier two offender is subject to registration for a minimum of years. A person is a tier two offender if the person was convicted of an offense described in subdivision (
c) that is also described in subdivision (
c) of
Section 667.5 or subdivision (
c) of
Section 1192.7,
Section 285, subdivision (
g) or (
h) of
Section 286, subdivision (
g) or (
h) of
Section or former
Section 288a, subdivision (
b) of
Section 289, or
Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A tier three offender is subject to registration for life.
A person is a tier three offender if any one of the following applies:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (
c) and the conviction is for commission of a violent felony described in subdivision (
c) of
Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to
Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (
c) of
Section 667.5.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The person was committed to a state mental hospital as a sexually violent predator pursuant to
Article 4 (commencing with
Section 6600) of
Chapter of Part of Division of the Welfare and Institutions Code.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>The person was convicted of violating any of the following:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Section while attempting to commit or committing
an act punishable under
Section 261, 286, 287, 288, or or former
Section 288a.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Section or with intent to violate
Section 261, 286, 287, 288, or or former
Section 288a.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Section 220.</xhtml:p><xhtml:p>(iv)<xhtml:span class="EnSpace"/>Subdivision (
b) of
Section 266h.</xhtml:p><xhtml:p>(v)<xhtml:span class="EnSpace"/>Subdivision (
b) of
Section 266i.</xhtml:p><xhtml:p>(vi)<xhtml:span class="EnSpace"/>Section 266j.</xhtml:p><xhtml:p>(vii)<xhtml:span class="EnSpace"/>Section 267.</xhtml:p><xhtml:p>(viii)<xhtml:span class="EnSpace"/>Section 269.</xhtml:p><xhtml:p>(ix)<xhtml:span class="EnSpace"/>Subdivision (
b) or (
c) of
Section 288.</xhtml:p><xhtml:p>(x)<xhtml:span class="EnSpace"/>Section 288.2.</xhtml:p><xhtml:p>(xi)<xhtml:span class="EnSpace"/>Section 288.3, unless committed with the intent to commit a violation of subdivision (
b) of
Section 286, subdivision (
b) of
Section or former
Section 288a, or subdivision (
h) or (
i) of
Section 289.</xhtml:p><xhtml:p>(xii)<xhtml:span class="EnSpace"/>Section 288.4.</xhtml:p><xhtml:p>(xiii)<xhtml:span class="EnSpace"/>Section 288.5.</xhtml:p><xhtml:p>(xiv)<xhtml:span class="EnSpace"/>Section 288.7.</xhtml:p><xhtml:p>(xv)<xhtml:span class="EnSpace"/>Subdivision (
c) of
Section 653f.</xhtml:p><xhtml:p>(xvi)<xhtml:span class="EnSpace"/>An offense for which the person is sentenced to a life term pursuant to
Section 667.61.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to
Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>The person is a habitual sex offender pursuant to
Section 667.71.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>The person was convicted of violating subdivision (
a) of
Section in two proceedings brought and tried separately.</xhtml:p><xhtml:p>(G)<xhtml:span class="EnSpace"/>The person was sentenced to to years to life for an offense listed in
Section 667.61.</xhtml:p><xhtml:p>(H)<xhtml:span class="EnSpace"/>The person is required to register pursuant to
Section 290.004.</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The person was convicted of a felony offense described in subdivision (
b) or (
c) of
Section 236.1.</xhtml:p><xhtml:p>(J)<xhtml:span class="EnSpace"/>The person was convicted of a felony offense described in subdivision (a), (c), or (
d) of
Section 243.4.</xhtml:p><xhtml:p>(K)<xhtml:span class="EnSpace"/>The person was convicted of violating paragraph (2), (3), or (4) of subdivision (
a) of
Section or was convicted of violating
Section and punished pursuant to paragraph (1) or (2) of subdivision (
c) of
Section 264.</xhtml:p><xhtml:p>(L)<xhtml:span class="EnSpace"/>The person was convicted of violating paragraph (1) of subdivision (
a) of former
Section 262.</xhtml:p><xhtml:p>(M)<xhtml:span class="EnSpace"/>The person was convicted of violating
Section 264.1.</xhtml:p><xhtml:p>(N)<xhtml:span class="EnSpace"/>The person was convicted of any offense involving lewd or lascivious conduct under
Section 272.</xhtml:p><xhtml:p>(O)<xhtml:span class="EnSpace"/>The person was convicted of violating paragraph (2) of subdivision (
c) of, or subdivision (d), (f), or (
i) of,
Section 286.</xhtml:p><xhtml:p>(P)<xhtml:span class="EnSpace"/>The person was convicted of violating paragraph (2) of subdivision (
c) of, or subdivision (d), (f), or (
i) of,
Section or former
Section 288a.</xhtml:p><xhtml:p>(Q)<xhtml:span class="EnSpace"/>The person was convicted of violating paragraph (1) of subdivision (
a) of, or subdivision (d), (e), or (
j) of,
Section 289.</xhtml:p><xhtml:p>(R)<xhtml:span class="EnSpace"/>The person was convicted of a felony violation of
Section 311.1 or 311.11 or of violating subdivision (b), (c), or (
d) of
Section 311.2,
Section 311.3, 311.4, or 311.10.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>A person who is required to register pursuant to
Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>If the person’s duty to register pursuant to
Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to
Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (
c) which is also substantially similar to an offense described in subdivision (
c) of
Section 667.5, or is substantially similar to
Section or 288.7.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to
Article 4 (commencing with
Section 6600) of
Chapter of Part of Division of the Welfare and Institutions Code.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act.
The individual shall be given credit toward the mandated minimum registration period for any period for which the individual registers.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within months of the individual’s placement in the tier-to-be-determined category.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense.
The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period.
The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this Act, and by three years for each felony conviction of failing to register under this Act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment.
If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>This
section does not require a ward of the juvenile court to register under the Act, except as provided in