Monday, October 24, 2016

Proposition 57 : VOTE YES. Non-Violent Criminals & Juvenile Court Trial Requirements

The California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative, also known as Proposition 57, will be on the November 8, 2016, ballot in California as a combined initiated constitutional amendment and state statute. The measure was developed by Gov. Jerry Brown (D).
Its essence is to provide an incentive since Inmates use credits to reduce time spent in prison.
We all know Proposition 57 is partly another response to the 2009 federal order mandating that California reduces its prison population numbers, like the Prop 47 passage in 2014 [which reduced non-violent, non-serious crimes to misdemeanors].

Prop 57 allows parole consideration for nonviolent felons. Authorizes sentence credits for rehabilitation, good behavior, and education. Provides juvenile court Judge decides whether juvenile (as young as 14 years old) will be prosecuted as adult, not the prosecutors (i.e. District Attorneys).

LIFERS: Keep in mind that Prop 57 will not apply directly to Lifer since their crimes are almost without exception considered serious and violent. However, we believe this an action that increases sentence reform and we support its passage. 

A YES vote on this measure means: Certain state prison inmates convicted of nonviolent felony offenses would be considered for release earlier than otherwise. The state prison system could award additional sentencing credits to inmates for good behavior and approved rehabilitative or educational achievements. Youths must have a hearing in juvenile court before they could be transferred to adult court.

   The long-form ballot SUMMARY is as follows:
  • “Allows parole consideration for persons convicted of nonviolent felonies, upon completion of prison term for their primary offense as defined.
  • Authorizes Department of Corrections and Rehabilitation to award sentence credits for rehabilitation, good behavior, or educational achievements.
  • Requires Department of Corrections and Rehabilitation to adopt regulations to implement new parole and sentence credit provisions and certifies they enhance public safety.
  • Provides juvenile court judges shall make determination, upon prosecutor motion, whether juveniles age 14 and older should be prosecuted and sentenced as adults for specified offenses.”

 If it passes, then we need to stay tune on how the California Department of Corrections and Rehabilitation (CDCR) will actually enact Prop 57  via their Regulations.

  For additional information on Prop 57 contact:
          James Harrison
Remcho, Johansen and Purcell, LLP
1901 Harrison Street,
Suite 1550
Oakland, CA 94612
(510) 346-6200