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Prop 57 Info

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 dramatically changes California adult sentencing law as well as juvenile court procedures in the following ways:

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.

What is a 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 bottom of this post. If a felony is not listed at the bottom of this post then the felony should be considered non-violent, and therefore, covered under the benefits of Prop 57.

More Prop 57 Resources 

California votersProposition You: Changing Landscape After Propositions 36,47, 57, 64 and 66

https://www.cdcr.ca.gov/proposition57/

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 and Defendant 10 Years or More Older Than Minor 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 FearPC 288(b)

• Any Felony Punishable by Life Imprisonment or Death PC 667.5(c)(7)

• Any Felony In Which the Defendant Caused Great Bodily Injury or Personally Used a 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 with Defendant 10 Years or More Older than Minor PC 289(j)

• Attempted Murder PC 664/187(a)

• Exploding Destructive Device Causing Death PC 18755(a)

• Exploding Destructive Device With Intent to MurderPC 18745

• Exploding Destructive Device Causing Injury PC 18750

• Kidnapping PC 207, 208, or 209

• Assault With Intent to Commit A Felony Sex CrimePC 220 (Note: Several Variations of Felony Sex Assault Crimes are Listed in PC 220)

• Continuous Sexual Abuse of A Child PC 288.5

• Carjacking PC 215

• Rape in Concert or Sexual Penetration With A Foreign Object by Force or Fear 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)