Proposition 57

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On November 8, 2016, the voters of the State of California approved Proposition 57. 

Juvenile Cases

Proposition 57 makes it more difficult for a prosecutor to try a person who committed an offense while under age 18 in adult court.  Under existing law, when a person under age 18 but who is at least 14 years of age is accused of committing an offense, the individual, under certain circumstances, may be tried in adult court.  After the passage of Proposition 57, no one who commits an offense while under age 18 may be tried in adult court unless a juvenile court judge first determines that prosecuting the case in adult court is appropriate.  In some cases, minors being tried in adult court may be entitled to be sent to juvenile court for a hearing to determine whether they should be tried in juvenile or adult court.  

While Proposition 57 expands the authority of the California Department of Corrections (CDCR) to authorize parole, Proposition 57 contains no similar provisions concerning juveniles. However, CDCR already has broad authority to permit the early release of juvenile offenders.  

If you have any questions about how Proposition 57 applies to a juvenile case, ask the attorney handling that case.  

Adult Cases

Proposition 57 makes some state prison inmates who were sentenced for a non-violent offense eligible for early parole consideration. That is parole consideration, but it does not guarantee early release.

Proposition 57 permits CDCR to provide people with additional time credits.  

If a person is in-custody of a county jail for any reason, including a so-called "county prison sentence," Proposition 57 does not apply to that person's case. 

The Fresno County courts are not involved in the Proposition 57 process. It will be handled within the California Department of Corrections (“CDCR”).  The Public Defender will not be appointed to represent people in Proposition 57 proceedings.  

The California Department of Corrections and Rehabilitation provides additional information on Proposition 57.