Proposition 57 (“Prop. 57”)

What is Prop. 57?

Prop. 57 was passed by California voters in November 2016. It has three main parts:

    Prosecutors can no longer direct file on minors (youth under age 18) in adult court—these cases now have to start in juvenile court for a transfer hearing where a judge uses specific factors to decide whether it would be appropriate/lawful to transfer the case to an adult criminal court;
    CDCR was required to create a new parole process for individuals serving sentences for nonviolent offenses; and
    CDCR was required to change its credit-earning system for people incarcerated in state prison, to reward efforts at rehabilitation.

The first part of Prop. 57 related to juveniles went into effect immediately, but does not apply retroactively to cases that were pending on appeal before Prop. 57 passed.[330] As of the publication date of this guidebook, CDCR’s draft rules for Parts 2 & 3 are currently in effect. The proposed final regulations are still pending.

  1. 330

    People v. Marquez (2017) 28 Cal.App.4th 1315. ↑

How can Prop. 57 help me?

If you were convicted of a nonviolent offense, you may be eligible for early parole consideration after completing the base term for your primary offense. Most currently incarcerated people will also get to take advantage of changes to the credit-earning system. There are more details about Prop 57 below.

What is the Proposition 57 early parole process?

Proposition 57 (Prop 57) created an early parole process for people in state prison who are serving determinate sentences for commitment offenses that are considered “non-violent” under the California Penal Code. A “non-violent” offense is any crime that is NOT listed in California Penal Code Section 667.5(c).[331] If you were sentenced to death or life without parole, then you are not eligible to participate in this process. Similarly, if you will have a 290 sex offender registration requirement upon release, either because of your current conviction offense or because of a prior offense, you are currently excluded, but a new case challenging this rule will change the regulations so that some 290 registrants will be able to participate in the early parole process.[332] You must also be more than 180 days away from your Earliest Possible Release Date (EPRD).

  1. 331

    15 CCR § 3490. ↑

  2. 332

    The Alliance for Constitutional Sex Offense Laws successfully challenged the Prop 57 regulations’ exclusion of all individual with 290 registration requirements. CDCR will need to revise the Prop 57 definition of "nonviolent" in light of the court's opinion. ↑

AM I eligible for the Proposition 57 early parole process if I am a nonviolent third striker?

Unfortunately, nonviolent third strikers are currently excluded from the Prop 57 parole process. However, the Three Strikes Project at Stanford is litigating a class action challenging the Prop 57 regulations. The “class” includes all third strikers whose current offense is a nonviolent felony so if that applies to you, then you are already covered by that lawsuit, and it may be in your best interest to allow it to make its way through the courts, rather than challenging the regulations yourself.

How does a Proposition 57 PAROLE hearing work?

The new parole process for nonviolent offenders is done by paper-review, which means a hearing officer of the Parole Board will review your information to determine if you qualify for parole. There is no formal, in-person hearing. The standard used by BPH is whether the “inmate poses a current, unreasonable risk of violence or a current, unreasonable risk of significant criminal activity.” This is called the “public safety screen.” The parole officer makes this determination based on the information in your central file and RAP sheets, your behavior in prison, and any statements written on your behalf by friends and family. Letters of support should be sent to:

Board of Parole Hearings
PO Box 4036
Sacramento, CA 95812-4036

Please make sure the letter-writers know to include your CDCR number clearly on the letter so that it gets sent to the right file. BPH confirmed to us that a copy of every support letter that comes in will get routed to your C-file. The prosecutor and victim(s) are also notified of your hearing date and have 30 days to provide written statements to be considered by the hearing officer.

How will the Board of Parole Hearings decide whether I pass the public safety screen?

The regulations include a new Section to Title 15 entitled: “Factors to Consider During a Review on the Merits.”[333] This section describes all of the factors that will be weighed in favor and against parole release when the hearing officer conducts the review. These factors include aspects of an individual’s current commitment offense, prior criminal history, and behavior record while in prison.

  1. 333

    15 CCR § 2449.5. ↑

What changes did Proposition 57 make to credit earning?

Prop. 57 increases opportunities for currently incarcerated people to earn credit for good conduct and completing educational and rehabilitative activities. These credits will advance your release date and/or initial parole hearing dates, depending on if you have a set-length or indeterminate sentence. CDCR now recognizes the following categories of credits:

    Good Conduct Credits are awarded if you comply with prison rules and regulations and perform duties assigned by your institution.
    Extraordinary Conduct Credits are awarded at the discretion of the Director of the Division of Adult Institutions if you perform a heroic act in a life-threatening situation or provide exceptional assistance in maintaining the safety and security of the prison.
    Milestone Completion Credits are awarded if you complete specific rehabilitative and educational programs.
    Rehabilitative Achievement Credits are awarded if you participate in institution-approved activities which promote educational, behavioral, or rehabilitative development.
    Educational Merit Credits are awarded for your educational achievements while in CDCR custody, including a high school diploma or equivalent, a collegiate degree at the associate, bachelor, or post-graduate level, or a professional certificate as an Alcohol and Drug Counselor.

All people who are currently incarcerated will qualify for credits except those sentenced to death or life without the possibility of parole.  However, please note that the rate of receiving Good Conduct Credits varies based on your conviction offense.

How can I learn more about Proposition 57?

For more information on Proposition 57, you can write us at Root & Rebound, 1730 Franklin Street, Suite 300, Oakland, CA, or call our Reentry Hotline (any Friday, 9AM – 5PM, at phone number 510-279-4662).