How
Proposition 57 Impacts California’s Prison Inmate Population
Prop 57: Early Parole
for Non-Violent Criminals
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 a
new part of the California Constitution found at Article 1, Section 32.
Prop 57 law is intended
to reduce the population of California’s over-crowded prisons in two ways: 1)
by granting non-violent prison inmates the opportunity to petition the
California Parole Board for release on parole at an earlier date than previously
entitled, and 2) by granting additional opportunities for inmates to earn good-conduct
credits while in prison; good conduct credits are used to reduce the inmate’s
sentence.
In this way, Prop 57 has
dramatically changed California adult sentencing law as well as juvenile court
procedures. Consider the following:
1) 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.
2) 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.
3) 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.
Per Prop 57, to be
granted early parole, all inmates, current and future, must demonstrate that
they are rehabilitated and do not pose a danger to the public.
Prop 57 Procedures:
The California Board
of Parole Hearings determines who is rehabilitated and therefore
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 non-violent felonies; however, violent
felonies are listed in California Penal Code section 667.5. Violent
felonies are also listed at the end of this page.
Violent Felonies: The below list is a list of California crimes that are
considered violent. These violent crimes do not
qualify for early release on parole under Prop 57; however, these crimes may
qualify for increased good time credits under prop 57. The list of non-violent crimes
that are affected by Prop 57 is too numerous to list; therefore, if your
crime is not listed below, you may be eligible for early
release on parole under Prop 57.
Murder PC 187(a)
Voluntary
Manslaughter PC 192(a)
Mayhem PC 203
Aggravated Mayhem PC 205
Rape of Mentally or
Physically Disabled Person PC
261(a)(1)
Rape of Unconscious
Person PC 261(a)(4)
Spousal Rape by Force
or Fear PC 262(a)(1)
Spousal Rape W/Threat
of Retaliation PC 262(a)(4)
Sodomy of Minor by
Force or Fear PC 286(c)
Sodomy in Concert by
Force or Fear PC 286(d)
Oral Copulation on
Minor Under 14 PC 288a(c)
Oral Copulation in
Concert by Force or Fear PC 288a(d)
Lewd or Lascivious
Acts on Minor Under 14 PC 288(a)
Lewd or Lascivious
Acts on Minor by Force or Fear PC
288(b)
Any Felony Punishable
by Life Imprisonment or Death PC
667.5(c)(7)
A Felony where the person
Caused GBI or Used Firearm PC
667.5(c)(8)
Robbery in Second
Degree PC 211
Robbery in First
Degree PC 212.5
Robbery of Train PC 214
Arson with Injury PC 451(a)
Arson to Inhabited
Structure PC 451(b)
Sexual Penetration by
Foreign Object by Force or Fear PC
289(a)(1)(A)
Sexual Penetration by
Foreign Object on Minor Under 14 PC 289(j)
Attempted Murder PC 664/187(a)
Exploding Destructive
Device Causing Death PC 18755(a)
Exploding Destructive
Device with Intent to Murder PC
18745
Exploding Destructive
Device Causing Injury PC 18750
Kidnapping PC 207, 208, or 209
Assault with Intent
to Commit A Felony Sex Crime PC
220
Continuous Sexual
Abuse of A Child PC 288.5
Carjacking PC 215
Rape in Concert or
Sexual Penetration in concert PC
264.1
Gang Related
Extortion PC 518, 186.22
& 667.5(c)(19)
Threats to Victims or
Witnesses Related to Gang Crimes PC 136.1, 186.22 & 667.5(c)(20)
First Degree Burglary
of Occupied House PC 460
Use of Firearm during
the Commission of A Violent Felony PC 12022.53
Use of a Weapon of
Mass Destruction PC 11418(b) &
11418(c)
Non-Violent Felonies: The following is a list of
common felonies that are considered to be non-violent in California (Partial
list).
Battery PC 242
Loiter with Intent to Commit Prostitution PC 653.22(a)
Keeping a House of Prostitution PC 315
Acquire Access Cards PC 484e
Annoying or Harassing Phone Calls PC 653m
Possession of Controlled Substance HS 11350(a)
Possession of Controlled Substance for Sale HS 11351
Possession of False Compartment for Controlled Substance HS
11366.8(a)
Unauthorized Use of Automobile VC 10851(a)
Animal Cruelty PC 597(a)
Vandalism PC 594 Crimes
Elder Theft PC 368 Crimes
Child Endangerment PC 273a(a)
Criminal Threats PC 422
Contempt of Court PC 166(a)
Brandishing PC 417
Simple Assault PC 240
Hit and Run VC 20002(a)
Obstruction PC 148(a)(1)
False Report of Crime PC 148.5
Perjury 118 Crimes
Welfare Fraud WI 10980
Receipt of Stolen Property PC 496(a)
Stalking
PC 646.9 Crimes
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