California Proposition 57 (2016)

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Proposition 57
	Criminal Sentences & Juvenile Crime Proceedings
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	Yes No
	Source: California Secretary of State [1]

Last updated March 17, 2019

Proposition 57 was a initiated California ballot proposition, approved on the November 8, 2016 ballot. The Proposition allows parole consideration for nonviolent felons, changes policies on juvenile prosecution,^[2] and authorizes sentence credits for rehabilitation, good behavior, and education. The passage and implementation of the proposition may allow the state to save tens of millions of dollars each year. Due to the approval of the proposition, the California Department of Corrections and Rehabilitation will begin to implement these new parole and sentencing provisions.^[3]

In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

The California Department of Corrections and Rehabilitation (CDCR) is responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.

Proposition 57 allows the parole board to release nonviolent prisoners once they have served the full sentence for their primary criminal offense.^[4] Previously, prisoners were often required to serve extra time by a sentence enhancement, such as those for repeated offenders.^[4] In addition, Proposition 57 requires the Department of Corrections to develop uniform parole credits, which reward prisoners' good behavior with reduced sentences.^[4]

A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdictions, including the United Kingdom, the United States, and New Zealand. A related concept is the board of pardons and paroles, which may deal with pardons and commutations as well as paroles.

The term sentence in law refers to punishment that was actually ordered by a trial court in a criminal procedure. A sentence forms the final explicit act of a judge-ruled process as well as the symbolic principal act connected to their function. The sentence can generally involve a decree of imprisonment, a fine, and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes usually serve a concurrent sentence, while others serve a consecutive sentence. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by "street time" until the total sentence is completed.

This proposition allows juvenile court judges to determine whether or not juveniles aged fourteen and older should be prosecuted and sentenced as an adult, repealing California Proposition 21, which was passed in March 2000. Proposition 21 gave prosecutors the sole authority to decide whether to try a young offender as a juvenile or adult.^[5]

A young offender is a young person who has been convicted or cautioned for a criminal offense. Criminal justice systems often deal with young offenders differently from adult offenders, but different countries apply the term 'young offender' to different age groups depending on the age of criminal responsibility in that country.

Proposition 57’s proponents sought to restore juvenile court judges’ authority over juvenile offenders.^[5] The California Department of Corrections and Rehabilitation has been under federal court supervision since the Supreme Court of the United States found that California’s prison overcrowding constitutes cruel and unusual punishment ( Brown v. Plata, 2011). Governor Brown added to Proposition 57, amending the Constitution of California to reduce this overcrowding.^[5]

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners in the place.

Cruel and unusual punishment is a phrase describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it.

Proponents of the measure spent $11.75 million. The top contribution was $4.14 million raised by Governor Brown.^[4] Other proponents responsible for significant contributions included the California Democratic Party, Tom Steyer, Reed Hastings, and the Open Philanthropy Project.^[4] The measure was also supported by the editorial boards of the Los Angeles Times ,^[6] the San Francisco Chronicle ,^[7] and The Sacramento Bee .^[8]

The California Democratic Party is the state branch of the United States Democratic Party in the state of California. The party is headquartered in Sacramento, and is led by acting-Chair Alex Gallardo-Rooker.

Thomas Fahr Steyer is an American billionaire hedge fund manager, philanthropist, environmentalist, liberal activist, and fundraiser.

Wilmot Reed Hastings Jr. is an American entrepreneur and philanthropist. He is the co-founder, Chairman and CEO of Netflix and serves on the boards of Facebook and a number of non-profit organizations. A former member of the California State Board of Education, Hastings is an advocate for education reform through charter schools.

Opponents of the Proposition argued that it would release potentially dangerous criminals due to improper classification of crimes as non-violent. ^[9]

Opponents of the Proposition spent $641,326 fighting against the measure. Opponents that made high contributions included Los Angeles County police unions and a prosecutor lobbying group.^[4]

Proposition 57 was approved by voters in the November General Election, with 64.46% voting in favor.^[10]

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References

↑ "Statement of Vote - November 8, 2016, General Election". December 16, 2016. Retrieved January 7, 2017.
↑ "Proposition 57. California General Election November 8, 2016. Official Voter Information Guide". California Secretary of State. Retrieved 10 October 2016.
↑ "Prop 57 Analysis | Official Voter Information Guide | California Secretary of State". voterguide.sos.ca.gov. Retrieved 2016-10-11.
1 2 3 4 5 6 Lagos, Marisa. "Election 2016: Proposition 57". KQED News. Retrieved 28 October 2016.
1 2 3 Lantigua-Williams, Juleyka (9 September 2016). "Treating Young Offenders Like Adults Is Bad Parenting". The Atlantic . Retrieved 28 October 2016.
↑ The Editorial Board of the Los Angeles Times (5 October 2016). "Prop 57 is a much-needed check on prosecutorial power. Vote yes". The Los Angeles Times . Retrieved 28 October 2016.
↑ The Editorial Board of the San Francisco Chronicle (11 September 2016). "The Chronicle recommends: Yes on Prop. 57". The San Francisco Chronicle . Retrieved 28 October 2016.
↑ The Editorial Board of the Sacramento Bee (27 September 2016). "Prop. 57 would fix a mistake, help rehabilitate felons". The Sacramento Bee . Retrieved 28 October 2016.
↑ Stickney, B. "Guide to Proposition 57: Parole for Non-Violent Criminals". NBC San Diego. NBC 7 San Diego. Retrieved 9 January 2017.
↑ "California Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements (2016)". Ballotpedia . Retrieved 18 January 2017.

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[1] "Statement of Vote - November 8, 2016, General Election". December 16, 2016. Retrieved January 7, 2017.

[2] "Proposition 57. California General Election November 8, 2016. Official Voter Information Guide". California Secretary of State. Retrieved 10 October 2016.

[3] "Prop 57 Analysis | Official Voter Information Guide | California Secretary of State". voterguide.sos.ca.gov. Retrieved 2016-10-11.

[kqed-4] 1 2 3 4 5 6 Lagos, Marisa. "Election 2016: Proposition 57". KQED News. Retrieved 28 October 2016.

[theatlantic-5] 1 2 3 Lantigua-Williams, Juleyka (9 September 2016). "Treating Young Offenders Like Adults Is Bad Parenting". The Atlantic . Retrieved 28 October 2016.

[6] The Editorial Board of the Los Angeles Times (5 October 2016). "Prop 57 is a much-needed check on prosecutorial power. Vote yes". The Los Angeles Times . Retrieved 28 October 2016.

[7] The Editorial Board of the San Francisco Chronicle (11 September 2016). "The Chronicle recommends: Yes on Prop. 57". The San Francisco Chronicle . Retrieved 28 October 2016.

[8] The Editorial Board of the Sacramento Bee (27 September 2016). "Prop. 57 would fix a mistake, help rehabilitate felons". The Sacramento Bee . Retrieved 28 October 2016.

[9] Stickney, B. "Guide to Proposition 57: Parole for Non-Violent Criminals". NBC San Diego. NBC 7 San Diego. Retrieved 9 January 2017.

[10] "California Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements (2016)". Ballotpedia . Retrieved 18 January 2017.