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 Bill Text - SB-1446 Incarcerated persons: release and parole. 

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 |Add To My Favorites |Track Bill | Version: 07/02/26 - Amended Assembly
 04/27/26 - Amended Senate
 03/19/26 - Introduced

 SB-1446 Incarcerated persons: release and parole. (2025-2026)

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 Date Published: 07/02/2026 09:00 PM

SB1446:v97#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 July 02, 2026

 Amended
 IN 
 Senate
 April 27, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 1446

Introduced by Committee on Public Safety

March 19, 2026

 An act to amend Section 3041 of the Penal Code, and to amend Section 6601 of the Welfare and Institutions Code, relating to incarcerated persons. 

LEGISLATIVE COUNSEL'S DIGEST

SB 1446, as amended, Committee on Public Safety.
 Incarcerated persons: release and parole. 

(1) Existing law requires the Board of Parole Hearings to meet with each indeterminately sentenced inmate during the 6th year before the inmate’s minimum eligible parole date for the purpose of reviewing and documenting the inmate’s activities and conduct pertinent to parole eligibility. One year before the inmate’s minimum eligible parole date, existing law requires a panel of the board to meet with the inmate and to grant parole unless the panel or board sitting en banc determines that the gravity of the current convicted offense, or the timing and gravity of current or past convicted offenses, is such that consideration of the public safety requires a more lengthy period of incarceration for the inmate. In certain circumstances, the board will conduct an en banc review and existing law specifies how the en banc review is required to be conducted. Existing law
 requires a decision of the board to become final unless the board finds that the panel made an error of law, or that the panel’s decision was based on an error of fact, or that new information should be presented to the board, and that, when corrected or considered by the board, has a substantial likelihood of resulting in a substantially different decision upon a rehearing. Existing law authorizes the Governor to request a review of a decision by the board to grant or deny parole and, if a request has been made, existing law requires the request to be reviewed by a majority of commissioners, as specified. 

This bill would instead require a decision by the board to become final unless the board finds an error of law or fact or new information should be presented to the board and that, when corrected or considered by the board, has a substantial likelihood of resulting in a different decision upon a rehearing. The bill would also make the decision and vote of each
 commissioner of the board in an en banc review a public record. The bill would require the board, when reviewing decisions referred en banc, to, among other things, decide if the hearing panel’s decision is supported by substantial evidence and would require the board to vote to affirm the proposed decision, order a new hearing, rescind the proposed decision, or set the parole decision for a rescission hearing based on new information. banc based on review of a panel’s decision, to determine if there was a material error of law or fact, or new information that, when corrected or considered by the board, has a substantial likelihood of resulting in a different decision upon a rehearing, and would require the board to vote to either affirm the decision or vacate the decision and set a new hearing. The bill would require the board, when reviewing
 a parole decision referred en banc by the Governor, to address the Governor’s stated reason or reasons for the requested review, and would require the board to either affirm the decision, refer for a recision hearing for lack of substantial evidence, or, in the case of a denial, vacate the decision and set a new hearing. The bill would also make nonsubstantive changes throughout these provisions.

(2) 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 indeter