Proposition 57, “The Public Safety and Rehabilitation Act of 2016,” allows parole consideration for people convicted of nonviolent felonies after they have completed the full term for their primary offense.
The goal of the law is to stop the revolving door of crime by better preparing inmates to succeed when they re-enter our communities.
All inmates currently serving a conviction for a non-violent offense as defined by the California Penal Code will be able to participate in the parole process. The new parole consideration process began on July 1, 2017.
However, inmates are not automatically granted parole. Parole MAY be granted to inmates who have completed the full term for their primary offense and demonstrated that they should no longer be considered a current threat to public safety.
“Credits” are how the California Department of Corrections and Rehabilitation tracks the number of days remaining on inmate sentences. Proposition 57 allows inmates to earn additional credits for good behavior and participation in rehabilitative, educational and career training programs.
The previous credit system is based on the crime committed. Under proposition 57, credits will be based on conduct and participation in programs. The CDCR will now award increased credits for Good Conduct and Milestone Completion Programs. CDCR will also begin awarding credits for Rehabilitative Achievement and Educational Merit.
Who Can Receive Credits?
Inmates sentenced to death or life without parole are not eligible to receive credits. All other inmates are eligible.
When Did Credits Start?
- Good Conduct Credits began on May 1, 2017.
- Milestone Completion, Rehabilitative Achievement, and Educational Merit Credits began on August 1, 2017.
All credits except can be revoked for disciplinary infractions except Educational Merit Credits.
Proposition 57 removed the prosecutor’s authority to decide whether juveniles charged with certain crimes should be tried in juvenile or adult court. That decision will now be made by judges.
Proposition 47 – Reducing Charges
Proposition 47 reduces the punishment for certain felony drug and property offense charges under $950 to a misdemeanor. It does not apply to registered sex offenders and people with prior convictions for serious or violent crimes.
Re-sentencing For Inmates
Prop 47 permits re-sentencing for people currently serving a prison sentence, or with prior felony convictions. Charges eligible to be reduced to misdemeanors are listed below.
Must File A Petition
No one is automatically released from prison under Proposition 47. Instead you must petition the court to reduce your charges and re-sentence you.
Eligible inmates who petition the court are required to be resentenced unless the court finds an unreasonable risk to public safety.
Risk To Public Safety
When determining the risk to public safety, the court may consider the offender’s criminal history, the types of crimes committed and when they occurred, the extent of injury to victims, the length of prior prison commitments, the inmate’s disciplinary and rehabilitation records while incarcerated, and any other relevant evidence.
What Is The Deadline To Petition?
Your petition must be filed with the court before November 4, 2022.
How Do I File A Petition?
Under Prop 47, in order to petition for a reduction of a crime to a misdemeanor, you must first obtain a copy of your criminal record. Next, you must obtain a petition form for reclassification. Most counties have created petition forms that can be found here.
For counties that have not created petition forms, contact the local courthouse and ask which form to use.
Once the petition is complete, send one copy to the District Attorney’s Office in the county where you were convicted. The other copy is sent to the Superior Court in the county where you were convicted.
Proposition 47 Applies To The Following Charges:
- Shoplifting – Penal Code 459 – Shoplifting
- Forgery – Penal Code 470-476
- Fraud/Bad Checks of $950 or less – Penal Code 476a
- Grand Theft of $950 or less – Penal Code 487
- Petty Theft/Shoplifting of $950 or less – Penal Code 484, 484/666
- Possession of Methamphetamine – Health & Safety 11377
- Possession of Controlled Substance – Health & Safety 11350
- Possession of Concentrated Cannabis – Health and Safety 11357(a)
- Receiving Stolen Property – Penal Code 496