A bill co-authored by state Sen. Brian Jones, R- Santee, and sponsored by the San Diego County District Attorney's Office, which aims to prevent people convicted of violent sex offenses from receiving elderly parole, was unanimously passed by the state Senate Public Safety Committee Tuesday.
Proponents say Senate Bill 286 would close a loophole that allowed for early releases of violent sex offenders through the state's elderly parole program. Its authors have dubbed the bill as "Mary-Bella's Law" after two of the victims.
The program makes parole hearings available for inmates over 50 years of age if they have served at least 20 years of their prison sentence.
A prior law change lowered the program's age threshold from 60 to 50. Jones' office said the law change also created the loophole offering parole after 20 years no matter the length of the person's sentence or the violence involved in the crimes.
"Releasing violent rapists under the so-called `Elderly Parole' is not only an insult to victims but a grave danger to Californians," Jones said at a news conference outside the Capitol in Sacramento, where he was joined by San Diego County District Attorney Summer Stephan and numerous sex crime victims.
"SB 286 finally corrects this failure and ensures that rapists and child molesters don't have a `get out of jail free card' just because they turned 50. Mary-Bella's Law helps ensure the most violent sex offenders serve their full sentences, regardless of age, and puts the safety of Californians first."
The San Diego County District Attorney's Office has criticized the law change that lowered the program's age of qualification and opposed the potential releases of several prisoners under the new law.
In recent years, a man convicted of kidnapping and raping two women qualified for elder parole despite a sentence of 567 years to life. Another man who raped seven women in Pacific Beach in the 1990s was sentenced to 96 years, but qualified for elder parole. Both men were denied release.
"It's unfortunate that after a horrific crime such as rape or child molest happens to you and the perpetrator receives a lengthy prison sentence, victims have to continue to fight for justice years later," Stephan said in a statement.
"The rule of law about victims' rights enshrined in our California constitution was ignored when the age for elder parole was dropped to 50 years old."
