MELANIE WINGO KCRA 3 NEWS. CASES LIKE THIS HAVE RAISED A LOT OF QUESTIONS ABOUT CALIFORNIA’S ELDERLY PAROLE LAW, BUT WE’RE NOT THE ONLY STATE WITH A PROGRAM LIKE THIS. KCRA THREE INVESTIGATES. LYSEE MITRI GIVES US A CLOSER LOOK AT HOW CALIFORNIA STACKS UP AGAINST THE REST OF THE COUNTRY AND HOW WE GOT HERE. THE CORRECTIONS DEPARTMENT SAYS CALIFORNIA’S ELDERLY PAROLE PROGRAM CAN BE TRACED BACK TO A 2014 COURT ORDER AIMED AT REDUCING PRISON OVERCROWDING. SO WITH THE EXCEPTION OF ANYONE SENTENCED TO DEATH OR LIFE WITHOUT THE POSSIBILITY OF PAROLE, IT MEANT AN INMATE WHO WAS 60 YEARS OR OLDER WHO SERVED AT LEAST 25 YEARS OF THEIR SENTENCE, COULD BE ELIGIBLE FOR PAROLE. BUT IN 2021, THE STATE LEGISLATURE TOOK THAT A STEP FURTHER, LOWERING THE MINIMUM AGE TO 50 AND THE MINIMUM SENTENCE SERVED TO 20 YEARS. SO HOW DOES THAT COMPARE TO THE REST OF THE COUNTRY? HERE’S WHAT 2024 DATA FROM THE NATIONAL CONFERENCE OF STATE LEGISLATURES SHOWS. CALIFORNIA IS ONE OF AT LEAST 24 STATES, PLUS THE DISTRICT OF COLUMBIA, WITH AN ELDERLY PAROLE PROGRAM. BUT WE ARE DEFINITELY ON THE LOWER END WHEN IT COMES TO MINIMUM AGE. TO BE ELIGIBLE, MOST STATES SET IT BETWEEN 60 AND 65 YEARS OLD, WHILE THE MINIMUM SENTENCE TO BE SERVED IN MOST STATES IS LOWER AT ABOUT TEN YEARS. BACK TO YOU, THERE ARE BILLS IN THE CALIFORNIA LEGISLATURE PROPOSING CHANGES TO ELDERLY PAROLE. A REPUBLICAN BACKED BILL WOULD RAISE THE MINIMUM AGE TO 65, AND A DEMOCRAT BACKED BI
Inside the evolution of California’s Elderly Parole program
Updated: 6:26 PM PDT Mar 18, 2026
The state’s Elderly Parole program can be traced back to a 2014 court order, according to the California Department of Corrections and Rehabilitation (CDCR). It aimed to address prison overcrowding.It meant that an inmate 60 years or older who served at least 25 years of their sentence could be eligible for parole, except for anyone sentenced to death or life without the possibility of parole. However, in 2021, the state Legislature took that a step further, lowering the minimum age to 50 and the minimum sentence served to 20 years. Additional exemptions under current law prohibit people sentenced under California’s strike laws for a second or third strike and people convicted of first-degree murder of a peace officer or former peace officer from being eligible for elderly parole.| MORE | Lead detective on David Funston serial child rapist case reacts to elderly parole decisionAccording to 2024 data from the National Conference of State Legislatures, California is one of at least 24 states, plus the District of Columbia, with an Elderly Parole program.However, most states set the minimum age to be eligible between 60 and 65. Meanwhile, the minimum sentence to be served in most states is lower than California, at about 10 years.| MORE | After a controversial elder release, how does California’s Parole Board process work?There are currently bills in the California Legislature proposing changes to Elderly Parole. A Republican-backed bill would raise the minimum age to 65 years old, and a Democrat-backed bill would exclude people convicted of the most serious sexual offenses.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
The state’s Elderly Parole program can be traced back to a 2014 court order, according to the California Department of Corrections and Rehabilitation (CDCR). It aimed to address prison overcrowding.
It meant that an inmate 60 years or older who served at least 25 years of their sentence could be eligible for parole, except for anyone sentenced to death or life without the possibility of parole.
However, in 2021, the state Legislature took that a step further, lowering the minimum age to 50 and the minimum sentence served to 20 years.
Additional exemptions under current law prohibit people sentenced under California’s strike laws for a second or third strike and people convicted of first-degree murder of a peace officer or former peace officer from being eligible for elderly parole.
| MORE | Lead detective on David Funston serial child rapist case reacts to elderly parole decision
According to 2024 data from the National Conference of State Legislatures, California is one of at least 24 states, plus the District of Columbia, with an Elderly Parole program.
However, most states set the minimum age to be eligible between 60 and 65. Meanwhile, the minimum sentence to be served in most states is lower than California, at about 10 years.
| MORE | After a controversial elder release, how does California’s Parole Board process work?
There are currently bills in the California Legislature proposing changes to Elderly Parole. A Republican-backed bill would raise the minimum age to 65 years old, and a Democrat-backed bill would exclude people convicted of the most serious sexual offenses.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel