Proposition 57: What this means for sentencing on crimes considered non-violent

Proposition 57 was approved by California voters on November 8, 2016. The new law that will go  into effect, also known as California's Early Parole for Non-Violent Offenders, changes California adult sentencing law, as well as how juvenile court procedures are conducted.

• Under this new law, prisoners in California who are 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 they were convicted.
• The new law also allows inmates the opportunity to earn good conduct credits, which fall under good behavior, educational, or rehabilitative. These credits may be used for earlier release to parole on all crimes, even violent crimes. The more of these credits a prisoner earns, the earlier the prisoner has the opportunity to be released on parole.
• Judges, not prosecutors, now decide whether minor should be considered a juvenile or an adult for the purpose of a prosecution.
• To be granted early parole, all inmates must demonstrate that they are rehabilitated and are not a risk to the public.

Proposition 57 also reclassifies the following list of violent crimes to “non-violent.”

• Rape by intoxication
• Rape of an unconscious person
• Human Trafficking involving sex acts with minors
• Domestic Violence involving trauma
• Failing to register as a sex offender
• Lewd acts against a child
• Drive-by shooting
• Assault with a deadly weapon
• Hostage taking
• Attempting to explode a bomb at a hospital or school
• Supplying a firearm to a gang member
• Hate crime causing physical injury
• Arson
• Discharging a firearm on school grounds
• False imprisonment of an elder through violence

To learn more about the non-violent crimes that are classified under Proposition 57, or information on parole hearings, contact The Law Offices of Seth Chazin today.

With over 25 years of experience as a defense attorney in San Francisco and the Bay Area. Seth P. Chazin has the knowledge and expertise to aggressively defend your case.