Prop 57: What is it?

Proposition 57 was a ballot initiative that was passed on November 8, 2016. Proposition 57 allows inmates at a California Department of Corrections and Rehabilitation (CDCR) facility the opportunity to advance an inmate’s release date if sentenced to a specified length, or advance an inmate’s initial parole hearing date if sentenced to an unspecified length with the possibility of parole. Proposition 57 will allow inmates to earn credits by good conduct and rehabilitative and educational achievements, in hopes to assist inmates to successfully transition back into our communities. The full ballot information is located here.

Who qualifies for Prop 57?

Under Proposition 57, all inmates, except condemned inmates and those serving sentences of life without the possibility of parole, are eligible to earn credits, regardless of where they are housed. A person is considered “condemned” if they are sentenced to death in a California State Prison.

How does one receive credit for relief under Prop 57?

There are five credit-earning opportunities available to inmates. Those are the following:  

1. Good Conduct Credits – Awarded to inmates who comply with all the rules within a prison and perform the duties as assigned to them. Inmates may forfeit some or all credits as a result of disciplinary infractions and rules violations.

2. Milestone Completion Credits – Awarded to inmates for successful completion of approved rehabilitative or educational programs that are designed to better prepare them to find employment upon release. Awards are also given to inmates for achievements of a distinct objective based on instruction and classwork time. Inmates may forfeit some or all credits as a result of disciplinary infractions and rules violations.

3. Rehabilitation Achievement Credits – Awarded through self-help and volunteer public service activities that are offered in prisons, for example, alcohol and substance abuse prevention, anger management, victim awareness, and so on. Inmates may forfeit some or all credits as a result of disciplinary infractions and rules violations.

4. Educational Merit Credits – Recognizes the achievements of inmates who earn the either:
   1. High School Diploma or equivalent so long as it is approved by the California Department of Education (GED, HiSET, and TASC);
   2. Higher education degrees, such as AA or a BA, at least 50% of the credit toward a college-level degree must be earned from a regionally accredited institution while an inmate is in prison on his/her current term; or
   3. Offender Mentor Certification Program

These credits are not subject to forfeiture for disciplinary reasons.

5. Extraordinary Conduct Credits – Granted, under the approval of the Director of the Division of Adult Institutions, if an inmate has performed a heroic act in a life-threatening situation or has provided exceptional assistance in maintaining the safety and security of a prison. These credits are not subject to forfeiture for disciplinary reasons.

How much relief can one receive under Prop 57?

1. Good Conduct Credits (GCC) –

• Violent offenders serving determinate sentences or indeterminate life sentences
• Prior to Prop. 57 GCC Credits – Zero to 15%
• After Prop. 57 GCC Credits – 20%
• 1/3 Lifers – Pre-1983
  • Prior to Prop. 57 GCC Credits – 3%
  • 57 GCC Credits – 33.3%
• Non-violent second-strikers (Eff 2/10/2014)
  • Prior to Prop. 57 GCC Credits – 3%
  • 57 GCC Credits – 33.3%
• Non-violent second-strikers – With PC 290
  • Prior to Prop. 57 GCC Credits – 20%
  • 57 GCC Credits – 33.3%
• Non-Violent Third-strikers
  • Prior to Prop. 57 GCC Credits – Zero
  • 57 GCC Credits – 33.3%
• Violent Third-strikers
  • Prior to Prop. 57 GCC Credits – Zero
  • 57 GCC Credits – 20%
• Day-for-day offenders
  • Prior to Prop. 57 GCC Credits – 50%
  • 57 GCC Credits – 50%
• Offenders with violent offenses completed firefighter (FF) training for assignment to Camp or a Firehouse and inmates assigned to Fire Camp in support positions (non-FF positions).
  • Prior to Prop. 57 GCC Credits – 15%
  • 57 GCC Credits – 50%
• Nonviolent offenders’ assignment to Camp or a Firehouse and inmates assigned to Fire Camp in support positions (non-FF positions).
  • Prior to Prop. 57 GCC Credits – 3%
  • 57 GCC Credits – 66.6%
• Day-for-day minimum-custody offenders These inmates receive enhanced credit based on Minimum Custody and do not require FF training or camp placement to receive enhanced GCC.
  • Prior to Prop. 57 GCC Credits – 6%
  • 57 GCC Credits – 66.6%

2. Milestone Completion Credits – Effective August 1, 2017, credits were expanded to 12-weeks in a 12-month consecutive period.

2. Rehabilitation Achievement Credits – Effective May 1, 2019, 10-days of credits will be awarded to inmates who complete 52-hours of programming in a twelve-month period. These credits will also be awarded retroactively to August 1, 2017.

4. Educational Merit Credits – Effective May 1, 2019, 180-days of credits will be awarded to inmates who complete and earns a high school diploma or high school equivalency, higher education degrees, and Offender Mentor Certificate Program. These credits will also be awarded retroactively to August 1, 2017.

5. Extraordinary Conduct Credits – Inmates may be granted up to twelve additional months of reduction of a sentence.

Call Today!

Proposition 57 offers significant changes in the California criminal justice system, potentially affecting parole and sentencing for many individuals. Understanding these changes and how they might benefit you or a loved one is crucial, especially if you are currently navigating the criminal justice system or seeking post-conviction relief.

For detailed information, guidance, and legal representation regarding Proposition 57, reach out to the knowledgeable team at Inland Empire Criminal Defense. Our experienced Ontario criminal defense attorneys are well-versed in the nuances of Proposition 57 and can provide you with the insights and support necessary to navigate its implications effectively.

Whether you are exploring early parole possibilities, seeking sentence reductions, or have other questions related to the relief granted under Proposition 57, we are here to help. Contact your local Ontario Criminal Defense Attorney today at Inland Empire Criminal Defense at (909) 939-7126. Located in Ontario, California, we are committed to offering expert legal assistance and ensuring that you fully understand and can capitalize on the opportunities provided by Proposition 57. Don’t wait to seek the guidance you need; call us today.