Prop 57 Law
- Author Chris
- Published October 2, 2020
- Word count 572
Prop 57 Law Information
On November 8, 2016, California voters voted to approve proposition 57, also known as California's Early Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Proposition 57, or simply Prop 57, was added as part of California's Constitution (Article 1, Section 32). Prop 57 dramatically changes California adult sentencing law as well as juvenile court procedures in the following ways:
Early Release: Per Prop 57, California prisoners convicted of non-violent felonies may apply for early release on parole after the prisoner completes the full term of any primary offense for which the prisoner was convicted. The full term of any primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence. Pre-existing good time credits for prison sentences on the primary offense continue to apply.
Conduct Credits: Prop 57 allows inmates the ability to earn more good conduct credits while in prison. The more good conduct credits the prisoner earns while in prison the earlier the prisoner may be released on parole. Good conduct credits fall into three major categories: good behavior, educational, or rehabilitative. Good conduct credits may be used for earlier release to parole on all crimes (including violent crime), not just non-violent crimes.
Juveniles: Prop 57 allows judges, not prosecutors, to determine whether or not a minor is considered a juvenile for purposes of prosecution. The issue of whether a minor qualifies as a juvenile is determined at a transfer hearing.
Prop 57 Procedures: The California Board of Parole Hearings determines who is rehabilitated and eligible for early release. Any prisoner approved for release will be subject to mandatory supervision by law enforcement. An inmate's petition for early release can, but not necessarily lead to the following:
The Department of Corrections can choose to have convicted felons only serve a sentence for one of their offenses (the primary offense with time off for any good time credits).
Extra enhancements can be disregarded, and a person can be released early if the California Department of Corrections feels that they should be released early.
Non-Violent Felony: Neither Prop 57, nor California law, defines what constitutes a non-violent felony; however, violent felonies are listed in California Penal Code section 667.5 (and below). The Board of Paroles has not listed what crimes will quality as non-violent, but presumably, any crime not listed in PC 667.5 will be considered non-violent.
To learn more about California Prop 57, or petitions for early parole related to Prop 57, contact our criminal defense lawyers today for a free consultation.
The following list identifies crimes that are deemed violent per PC 667.5. These crimes do not qualify for early release on parole per Prop 57; however, these crimes may qualify for increased good time credits under Prop 57.
Murder PC 187(a)
Voluntary Manslaughter PC 192(a)
Mayhem PC 203 & 205
Rape Crimes PC 261(a)(1), 261(a)(4), 262(a)(1) & 262(a)(4)
Sodomy Crimes PC 286(c) & PC 286(d)
Oral Copulation Crimes PC 287a(c) & 287a(d)
Lewd Acts on Minor PC 288(a), 288(b), & 288.5(a)
Felony Punished by Life in Prison or Death PC 667.5(c)(7)
Any Felony with GBI or Firearm used PC 667.5(c)(8)
Robbery PC 211, 212.5 & 214
Arson PC 451(a) & 415(b)
Sexual Penetration PC 289(a)(1)(A) & PC 289(j)
Attempted Murder PC 664/187(a)
Kidnapping PC 207, 208, or 209
Assault to Commit A Felony Sex Crime PC 220 Crimes
Carjacking PC 215
Rape in Concert or Sexual Penetration PC 264.1
Gang Related Extortion PC 518, 186.22 & 667.5(c)(19)
Threats to Victim/Witness PC 136.1, 186.22 & More
First Degree Burglary of Occupied House PC 460
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