California’s Proposition 57

California Proposition 57, approved in November 2016, incorporates Article I, Section 32, into the state Constitution. The measure created two pillars of reform:

• Early parole consideration for people whose current conviction is a “non-violent felony” as defined by Penal Code §667.5(c).
• A requirement that prosecutors can no longer directly file juvenile cases in adult court; every minor now receives a fitness (transfer) hearing in juvenile court first.

Those changes were coupled with expanded credit-earning opportunities to encourage rehabilitation inside CDCR. At Kraut Law Group, Criminal & DUI Lawyers, our mission is to simplify the complexity of the criminal process by providing a clear understanding of its intricate eligibility rules, credit structures, and interactions with modern resentencing statutes.

• Cal. Const. art. I, §32(a): sets out the right to parole consideration after the “full term” of the primary offense is served, excluding enhancements and consecutive terms.
• Penal Code §1172.1 (formerly §1170(d)(1)): lets CDCR, the Board of Parole Hearings (BPH), the prosecution, or the court itself ask the sentencing judge to recall and resentence if the original term is excessive or no longer serves justice.
• Penal Code §3041 et seq governs parole-release decisions and mandates that public-safety risk, not blanket exclusions, controls the outcome.
• Title 15, Cal. Code Regs., §§2449.1-2449.4:details the Non-Violent Offender Parole Review (NVOPR) process adopted after Prop 57.

CDCR screens eligibility automatically, but counsel should verify every element:

• The person is serving a determinate, blended, or indeterminate term where all current counts are non-violent felonies.
• No life-without-parole or death sentence is attached.
• No current Sex-Offender-Registration requirement under §290. (In re Gadlinheld that prior sex offenses alone cannot exclude an inmate.)
• The “full term” of the longest non-violent count (minus pre-sentence credits) has been completed.
• CDCR has issued a positive institutional-behavior scorecard (disciplinary free for the last five years is a strong factor).

• BPH conducts a paper review; there is no live hearing unless staff determines the case is complex.
• Victims and the original District Attorney receive 30 days to object in writing.
• If denied, the prisoner receives written reasons and a one-year stay of execution.
• If granted, a release date is set within 60 days, subject to the usual parole and release conditions.

Before 2016, prosecutors could “direct file” certain minors in adult court. Now, a Welfare & Institutions Code §707 hearing is mandatory. Key features:

• The burden is on the prosecution to prove that the juvenile is unfit for the juvenile system.
• The judge considers five statutory factors: sophistication, rehabilitation potential, delinquency history, prior rehabilitation success, and gravity of the alleged offense.
• Senate Bill 1391 (2018) went further, barring the transfer of 14- and 15-year-olds to adult court, except in rare federal prosecutions; the California Supreme Court has upheld SB 1391 as consistent with the purposes of Proposition 57.

Defense lawyers can, and should, pair Prop 57 arguments with a petition to recall the sentence:

• Who may request: CDCR, BPH, the District Attorney, or the court on its own. Defense counsel may draft a memorandum urging CDCR to initiate the referral.
• Timing: Any time before the defendant has completed the original sentence. There is no statutory waiting period after a parole denial.
• Standard: The court must give “great weight” to the inmate’s post-conviction record, new mitigating evidence, and changes in the law.
• Possible outcomes: Reduced term, conversion of consecutive to concurrent sentences, striking of enhancements, or placement on community supervision.

Clients frequently overlook credits that can dramatically shorten the time needed to reach “full term”:

• Good Conduct Credits: up to 50 percent for most non-violent convictions.
• Milestone Completion Credits: time earned for completing evidence-based programs such as GED, AA/NA, or vocational certificates.
• Rehabilitative Achievement Credits: awarded for sustained participation in self-help or religious programs.
• Educational Merit Credits: available upon completion of a college degree or high school diploma.
• Extraordinary Conduct Credits: limited, but possible for heroic acts or disaster-response work in prison fire camps.

Even at the charging or plea-bargain stage, Prop 57 changes strategy:

• Charges that meet §667.5(c) or require §290 registration block early parole, so negotiating for a non-violent alternative count can be outcome-determinative.
• Judges still impose enhancements, but those no longer delay the first parole hearing—only the “primary offense” matters.
• A stipulated sentence that is indeterminate (e.g., 15-to-life) is often more favorable than a lengthy consecutive determinate package because the parole board can weigh rehabilitation sooner.

• What is “non-violent”? Only the §667.5(c) list counts. Assault with a firearm, criminal threats, or domestic-violence corporal injury—though violent in plain English—are not on the list and therefore enable Prop 57 release consideration.
• Retroactivity: The California Supreme Court has held that Prop 57 applies to all cases not yet final on direct appeal at the time of its passage; many older convictions are now being re-examined.
• Due-process challenges: Inmates denied release have filed writs alleging that the purely administrative NVOPR violates procedural due process. Current appellate decisions uphold the process as adequate so long as written findings are provided.

Although Proposition 57 itself does not create stand-alone CALCRIM instructions, specific patterns arise in trial practice:

• During the guilt phase, Counsel may request a pinpoint instruction reminding jurors that enhancements or consecutive-sentence findings do not define the nature of the offense for parole purposes, the primary count controls future parole eligibility.
• In juvenile transfer litigation, Judges must state reasons on the record if they grant transfer. Defense counsel should propose written findings mirroring the five §707 factors, modeled on CALCRIM’s optional bench notes for W&I §707 hearings.
• At penalty retrials or resentencing hearings: CALCRIM No. 520 (Murder — Intentional Killing) and other core instructions remain unchanged, but mitigation evidence developed post-conviction is admissible under Evidence Code §1204 and should be described for the fact-finder.

• Obtain certified copies of disciplinary-free chronos, vocational certificates, and psychological evaluations.
• Show the nexus between rehabilitation programs and the instant offense, for example, completing an anger-management course if the conviction involved threats.
• Gather family-support letters promising housing, employment, and transportation.
• Include an updated static-99 or LS/CMI assessment when applicable to show reduced recidivism risk.
• For §1172.1 motions, demonstrate that new case law or statutory amendments would have resulted in a shorter sentence if imposed today.

• File a simultaneous Penal Code §1385 motion to strike outdated enhancements (firearm, drug-weight, gang) when seeking §1172.1 relief.
• If the client has a juvenile record, move to seal under W&I §781 before the parole-suitability date to remove unfavorable material from the BPH packet.
• Request a comprehensive CDCR Central File (C-File) under the Information Practices Act; missing chronological entries are common and can be corrected.

Proposition 57 transformed California sentencing by prioritizing rehabilitation and rationalizing parole timelines. Yet the statute’s full benefits reach only those who understand its intricate eligibility rules, credit structures, and interaction with resentencing modern laws, such as Penal Code §1172.1.

Kraut Law Group Criminal & DUI Lawyers leverages prosecutorial insight to craft parole-review packets, §1172.1 petitions, and juvenile-transfer opposition that speaks the decision-maker’s language. If you or a loved one is incarcerated on a non-violent felony, has an upcoming fitness hearing, or may qualify for resentencing, contact our office for a comprehensive evaluation of every avenue to reduce the sentence and secure release.