AB2727 - Corrections: parole and prerelease treatment.

Amended IN Senate August 28, 2026 Amended IN Senate August 21, 2026 Amended IN Assembly April 09, 2026 Amended IN Assembly March 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2727 Introduced by Assembly Member Nguyen (Principal coauthor: Assembly Member Ramos) (Coauthors: Assembly Members Alanis, Lackey, and Soria) February 20, 2026 An act to amend Sections 3053.9, 3055, and 5075.6 of the Penal Code, and to amend Sections 6600, 6601, and 6601.3 of the Welfare and Institutions Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGEST AB 2727, as amended, Nguyen. Corrections: parole and prerelease treatment. Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an individual is suitable for parole. Existing law establishes the Elderly Parole Program for the purpose of reviewing 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 persons sentenced pursuant to existing sentencing provisions commonly known as the 3 strikes law. Under an existing court order, although statutorily excluded, an individual may be eligible for parole under the Elderly Parole Program when they are 60 years of age or older and have been continuously incarcerated for at least 25 years. This bill would instead specify that persons convicted of various sexual offenses, including rape, sodomy, or aggravated sexual assault of a child, or sentenced pursuant to a provision applicable where the crimes involved had multiple victims, as specified, are not eligible for parole under the Elderly Parole Program, unless the person is 65 years of age or older and has served a minimum of 25 years of continuous incarceration on their current sentence. The bill would require the board to review a sexual dangerousness screening of an individual sentenced to an indeterminate sentence for a sexually violent offense, as defined, and would require the board to refer a person whose sexual dangerousness screening indicates that they may qualify as a sexually violent predator to the State Department of State Hospitals for further evaluation, as described. The bill would require commissioners who conduct hearings to undergo training in sex offender behaviors and risks. Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals at least 6 months prior to that individual’s scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. This bill would also require the Executive Officer of the Board of Parole Hearings to make that referral and revise the criteria for referral to additionally apply to a person who is serving an indeterminate prison sentence. The bill would also authorize the secretary, or the Executive Officer of the Board of Parole Hearings, to refer the person for evaluation if the person’s scheduled release date is less than 4 months after the date of the decision to grant parole, or if the person will be scheduled for a parole hearing in the next 6 months. By imposing additional duties on counties regarding commitment of persons as sexually violent predators, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 3053.9 of the Penal Code is amended to read: 3053.9. (a) If an incarcerated person has a prior conviction for a sexually violent offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, the board shall consider the results of a comprehensive risk assessment for sex offenders in considering parole. (b) (1) Before the board meets to review or consider the parole suitability of an incarcerated person sentenced to an indeterminate sentence for a sexually violent offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, the board shall review a sexual dangerousness screening to determine if a person is likely to be a sexually violent predator. The screening shall be conducted by a licensed psychologist. (2) Individuals may be referred to the State Department of State Hospitals after the initial screening, under certain circumstances, including, but not limited to, any of the following: (A) The evaluator opinions that the individual has either of the following: (i) A complex sexual violence risk. (ii) An equivocal predatory element to their sexual violence risk. (B) The individual has complex sexually violent predator relevant diagnoses linked to criminal sexual offending. (C) The person has received sex offender-specific treatment or interventions, and in the professional opinion of the evaluator performing the sexual dangerousness screening, it is unclear if the screening adequately addresses the individual’s risk factors. (D) Other complex cases as requested by the Board of Parole Hearings and approved by the Director of State Hospitals or a designee. (c) The board shall consider the results of the sexual dangerousness screening or screenings in determining if an individual is suitable for parole. (d) If the board grants parole to an individual whose sexual dangerousness screening indicates they may qualify as a sexually violent predator, they shall immediately be referred to the State Department of State Hospitals for a sexually violent predator evaluation pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (e) (1) The sexual dangerousness screening shall be jointly created by the board and the State Department of State Hospitals. The screening shall be a review that considers the incarcerated person’s sexual dangerousness, informed by the Sexually Violent Predators Act as described in Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. The screening shall include, but is not limited to, both of the following factors: (A) The victim demographics and selection, and the nature of the violence perpetrated against the victim or victims, and persistence of offending. (B) Evidence of sexual deviance, as demonstrated by objective indicators. (2) The sexual dangerousness screening shall be reviewed at least every three years by the board and the State Department of State Hospitals, and updated as appropriate to reflect current research on sexually violent predators and risk assessments for people convicted of sex offenses. SEC. 2. 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 incarcerated person who is 50 years of age or older and has served a minimum of 20 years of continuous incarceration on their 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 incarcerated person 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 incarcerated person 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 incarcerated person’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 incarcerated person 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 incarcerated person 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) (1) Notwithstanding subdivision (a), a person sentenced pursuant to Sections 269, 288.7, 667.61, and 667.71 shall not be eligible for parole pursuant to this section unless the person is 65 years of age or older and has served a minimum of 25 years of continuous incarceration on their current sentence. (2) Effective January 1, 2027, the Department of Corrections and Rehabilitation shall recalculate Elderly Parole Eligible Dates for people designated in this subdivision. Effective January 1, 2027, the Board of Parole Hearings shall cancel parole hearings for people designated in this subdivision that were previously scheduled based solely on an Elderly Parole Eligible Date calculated using 50 years of age and 20 years of continuous incarceration, as described in subdivision (a). (i) 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. (j) This section does not alter the rights of victims at parole hearings. (k) 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. SEC. 3. Section 5075.6 of the Penal Code is amended to read: 5075.6. (a) Commissioners and deputy commissioners hearing matters concerning adults under the jurisdiction of the Department of Corrections and Rehabilitation shall have a broad background in criminal justice and an ability for appraisal of adult offenders, the crimes for which those persons are committed, and the evaluation of an individual’s progress toward reformation. Insofar as practicable, commissioners and deputy commissioners shall have a varied interest in adult correction work, public safety, and shall have experience or education in the fields of corrections, sociology, law, law enforcement, medicine, mental health, or education. In addition, insofar as practicable, commissioners and deputy commissioners may have professional or lived experience or educational background that may enhance the expertise of the parole board, including, but not limited to, the areas of social work, substance use disorder treatment, foster care, rehabilitation, community reentry, or the effects of trauma and poverty. (b) All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of incarcerated persons, the setting of a parole release date for incarcerated persons, or the revocation of parole for adult parolees, shall, within 60 days of appointment and annually thereafter undergo a minimum of 48 hours of training in the following areas: (1) Treatment and training programs provided to incarcerated persons at Department of Corrections and Rehabilitation institutions, including, but not limited to, educational, vocational, mental health, medical, substance abuse, psychotherapeutic counseling, and sex offender treatment programs. (2) Parole services. (3) Commissioner duties and responsibilities. (4) Knowledge of laws and regulations applicable to conducting parole hearings, including the rights of victims, witnesses, and incarcerated persons. (5) Sex offender behaviors, risks, and treatment considerations, to be provided by the State Department of State Hospitals. SEC. 4. Section 6600 of the Welfare and Institutions Code is amended to read: 6600. As used in this article, the following terms have the following meanings: (a) (1) “Sexually violent predator” means a person who has been convicted [Text truncated for display. Full text available on Congress.gov.]