Proposition 57

In November, 2016, voters passed Proposition 57, the Public Safety and Rehabilitation Act, which increases parole chances for felons convicted of nonviolent crimes. It also gives felons more opportunities to earn credits for good behavior. It also allowed judges, not prosecutors, to decide whether to try certain juveniles as adults in court.  Proposition 57 added a section to the California Constitution:

SEC. 32. (a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law: (1) Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense. (A) For purposes of this section only, the full term for the 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. (2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements. (b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.

The Governor’s Budget Proposal for 2017-2018 outlined some of the changes due to Prop 57.  For the text of the full budget summary click HERE.

Regulations and changes to Title 15 were released as Emergency regulations on March 24, 2017.  Check the CDCR website for more information.

To read the published regulation updates, visit the Office of Administrative Law or click HERE.