Updated Proposition 57 Proposed Regulations
January 11, 2019
In 2016, California voters passed Proposition 57 to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent federal courts from releasing inmates. Under Proposition 57, California Department of Corrections and Rehabilitation (CDCR) gives inmates the opportunity to earn good behavior, in-prison program and activities participation credits. Additionally, Proposition 57 moves up parole consideration of nonviolent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release would not pose an unreasonable risk of violence to the community.
In early December 2018, CDCR filed emergency regulations with the Office of Administrative Law (OAL) to expand nonviolent offender parole consideration under Proposition 57 to indeterminately sentenced nonviolent offenders (nonviolent Third Strikers). Proposition 57 regulations did not include offenders with life with parole sentences from the nonviolent parole process. This exclusion was challenged in court, and on September 7, 2018, the Second District Court of Appeals ordered the department to amend the regulations. The public will have an opportunity to submit comment and attend a public hearing during the permanent rulemaking process, which will follow the emergency rule making process.