CSAC Bulletin Article

AOJ Committee to Consider Prop. 57

July 21, 2016

The Administration of Justice (AOJ) Policy Committee will consider taking a position on Proposition 57; The Public Safety and Rehabilitation Act of 2016 when it meets on July 28th at 10:00 a.m. Proposition 57, which has qualified for the November ballot, would amend the Constitution to give parole consideration for persons sent to prison for a non-violent felony, once they have completed the full term of their primary offense.  In addition, the measure authorizes the California Department of Corrections and Rehabilitation to adopt regulations to implement the above changes and additional credit earning changes.

The Initiative also makes statutory amendments to Proposition 21 provisions that were enacted in 2000. The measure eliminates the ability for a district attorney to direct file to adult court on juvenile cases. Juveniles alleged to have committed a felony can be tried in adult court only if the court, after a hearing, determines the minor should be tried in adult court.  All presumptions are removed and the court must weigh the factors and decide whether the youth should be charged as an adult or juvenile. The initiative also limits the ability to charge minors 14 and 15 years-of-age in adult court for certain serious/violent offenses. 

Policy Committee members will hear from both proponents and opponents of the measure during the meeting. If the policy committee decides to take a position on Proposition 57, the recommendation would have to be approved first by the CSAC Executive Committee and then by the full CSAC Board before it became the association’s official position.

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