CSAC Bulletin Article

AOJ Committee: Take No Position on Proposition 57

July 28, 2016

CSAC’s Administration of Justice Policy Committee voted 12-0 to not take a position on Proposition 57, Governor Jerry Brown’s Public Safety and Rehabilitation Act of 2016.  Proposition 57, would amend the Constitution 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. In addition, the measure authorizes the California Department of Corrections and Rehabilitation (CDCR) 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 heard support for the initiative from the Chief Probation Officers of California (CPOC) President and Amador Probation Chief, Mark Bonini and the Governor’s Special Advisor on Public Safety, Diane Cummins.  Opposition was presented by San Mateo District Attorney, Steve Wagstaff. 

The recommendation to not take a position on Proposition 57 will now move to the Executive Committee on August 4th and will then go to the full Board of Directors on September 1st.  

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