KEY FACTS TO REMEMBER WHEN CONSIDERING PROP 57:
There are two pieces to the adult portion of Prop 57: Earned Credits or Parole Consideration. Some offenders
could avail themselves of both, others can only try to increase their credits. Some try to confuse both those
avenues by either posing it as a new process or combining numbers under crimes that are not listed on the
violent and serious code sections.
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You must remember, current law already provides for the release of all these offenders, Prop 57
looks to affect HOW they are released and the incentives are put in place to EARN their way to the
possibility of an earlier release.
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Prop 57 does not create the parole board nor does it create credits. Both release mechanisms have
been in current law for decades in some form or fashion. Instead, Prop 57 looks to use correctional
science to incentivize behavior change. As correctional leaders, probation knows if funded, and
implemented correctly, this is the best way to enhance the safety in our communities.
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Protecting the status quo is not an option. Currently we have a system with 60-70% recidivism rates
and a release from prison based simply on a date. We know we can do better.
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Without a change in the current system, the federal court-appointed compliance officer is authorized
to order a release.
That is likely to be arbitrary and not tied to programming.
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We know this is true because when CPOC was an intervenor to the federal case, a little known legal
fact stood in the way of the court simply ordering what was to become Realignment…the federal
powers extend to releasing inmates but it does not extend to the state treasury.
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Therefore, a federal court could release but would not be able to order CDCR to institute
programming or to require supervision upon release. So some may say that they would prefer the
court ordered release over Prop 57 but they are failing to recognize the need to add the important
public safety mechanisms that can only be put into place by a state enacted law – they can ONLY
release.
There is current law and then there is current law under the Federal Court 3JP order. Both current law and
the court orders already provide for release of every individual that would fall under Prop 57. Again, Prop 57
doesn’t’ identify new people that would be released. It is a false premise to say Prop 57 will be bringing heinous
criminals into neighborhoods. The current law actually releases all of the same people. Here is what has been
happening under the current court order:
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Increased credits prospectively for non-violent second-strike offenders from 20% to 33% and allow
these inmates to earn milestone credits for completing rehabilitative programs;
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Allowed certain minimum custody inmates to earn 2-for-1 good-time credits;
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Implemented a new parole process in which non-violent second-strike inmates would be eligible for
parole consideration once they have served 50 percent of their sentence;
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Implemented a new elderly parole process in which inmates who are 60 years or older and have
served a minimum of 25 years of incarceration are eligible for parole;
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Expanded the parole process for medically incapacitated inmates and authorized the release of
certain life inmates who have been granted parole with future dates;
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Increased CDCR’s use of reentry services and alternative custody programs.
Let’s look at the actual numbers. The current system is a layer upon layer system of credits and parole
consideration. The Federal 3JP orders are just the latest in a series of parameters that dictate when a person is
released from prison. Due to these various layers, it is easy to cloud the numbers.
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Parole Board Releases Under 3JP: From January 1, 2015 through January 31, 2016, 5,915 non-violent
inmates were referred to the Board for parole review. Of the 1,846 inmates approved by the Board,
1,262 inmates were granted parole and released. Less than one percent of inmates released under
non-violent parole (9 of 1,262) have returned to prison on a new felony conviction.
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Additional Credits Under 3JP: Of the accelerated release of 5,000 inmates in 2014 and 7,300 inmates
in 2015 approximately 14 percent of inmates (1,780 of 12,277) returned to prison on a new felony
conviction. In contrast, 61 percent of inmates released under current law (end of their determinate
sentence) returned to prison based on a new conviction or parole violation.
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Parole Board Considerations Added Under Prop 57: CDCR estimates that approximately 1,300
additional non-violent offenders would be eligible for parole consideration under the Act. If you
apply the approval rate under the current 3JP above (approximately 30%) it amounts to the
possibility of 390 inmates. This is a far cry from the 16,000 number that gets clouded in discussions.
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Additional Credits Added Under Prop 57: This is a number more difficult to predict. As evidenced by
the numbers above, this will be scaled over time. No one comes out with the wave of a wand that
adds credits and speeds release. The credits program must be done through regulation which also
allows for adjustment. It takes time to put those in place and then time for inmates to earn them.
And remember, the current system awards credits arbitrarily but under Prop 57 the programming
must be certified to enhance public safety.