On Wednesday, January 27th the Governor announced that he is
amending an existing juvenile justice initiative to also include
additional adult criminal justice reforms. The proposed
initiative is a Constitutional amendment to give parole
consideration for offenders sent to prison for a non-violent
felony once they have completed the full term of their primary
offense (not including enhancements, consecutive sentences or
alternative sentences).
In addition, the initiative gives the California Department of
Corrections and Rehabilitation (CDCR) full authority to award
good time and program credits. The juvenile portion of the
initiative makes statutory amendments to Proposition 21,
provisions enacted in 2000. The initiative limits when a juvenile
can be tried in adult court, specifically, only if the court
after a hearing considering specified factors (those in current
law) determines the minor should be tried in adult court. The
initiative removes the ability for prosecutors to direct file. It
removes all presumptions requiring the court to weigh the factors
and make the ultimate decision.
The initiative will allow minors ages 14 and 15 who commit
certain serious/violent offenses to be eligible for adult court;
which is determined by the court.
CSAC’s Executive Director Matt Cate released this statement,
“California counties will closely examine the Governor’s
proposal. Per our Association’s procedures, our next step is to
refer it to our Administration of Justice Policy Committee for
consideration.” “Counties have done an admirable job implementing
adult and juvenile justice reforms that have shifted population
and more responsibility onto local governments. In addition to
housing more inmates in jails, counties are also supervising more
offenders through probation and offering a variety of innovative
alternatives to incarceration including mental health services,
education, job training, substance use treatment and other
services that reduce recidivism and improve public safety.”
“While much progress has been made, counties recognize that the
state is still under Federal Court order to further reduce the
prison inmate population. CSAC truly values the diversity of
opinion among our members on issues of complex public policy and
we want to make sure the Governor’s proposal is fully understood
and vetted.”
If the measure qualifies, it will appear on the November 2016
ballot.For additional information: The Public Safety and
Rehabilitation Act of 2016
