HomeMy WebLinkAboutItem 8.2 - 1170 Proposition 57
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STAFF REPORT
CITY COUNCIL
DATE: October 4, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Information on California State Ballot Proposition 57, "The Public Safety
and Rehabilitation Act of 2016"
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will receive information on California State Ballot Proposition 57, “The
Public Safety and Rehabilitation Act of 2016,” and will consider whet her to support,
oppose or maintain a neutral position on the Proposition.
STAFF RECOMMENDATION:
Staff recommends the City Council receive the report and, if desired, provide policy
direction concerning the California State Ballot Proposition 57, “The Pub lic Safety and
Rehabilitation Act of 2016.”
FINANCIAL IMPACT:
There is no financial impact to receiving this information.
DESCRIPTION:
At the September 20, 2016 City Council meeting, the City Council requested information
be provided on the California State Ballot Proposition 57, “The Public Safety and
Rehabilitation Act of 2016.”
In January of this year, Governor Brown unveiled a plan to overhaul the rules regarding
parole eligibility for inmates serving time for non-violent crimes. The Governor added
the plan to a proposed ballot initiative that dealt solely with juvenile justice.
The California District Attorneys Association (CDAA) filed a lawsuit, challenging the
move to insert the language into the existing ballot measure, arguing the substantial
revisions warranted additional review. A Sacramento Superior Court judge sided with
the plaintiffs in the lawsuit.
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In his appeal of the ruling, the Governor warranted that California’s long-term ability to
comply with a federal court order to reduce its prison population hinged on voters being
given a chance to approve his plan. Additionally, the proponents of the ballot measure
argued any delay through the courts would make the initiative impossible to qualify.
In early June 2016, the Supreme Court ru led in favor of Governor Brown, overturning
the lower court ruling initially blocking the initiative. On June 30, 2016, the initiative
officially qualified for the ballot.
The Legislative Analyst’s Office (LAO) has produced an initial overview and fiscal
analysis of Proposition 57 in accordance with State law.
Proposal Analysis by LAO:
This measure would make changes to the State Constitution to increase the number of
inmates eligible for parole consideration and provide the California Department of
Corrections and Rehabilitation (CDCR) with additional authority to award credits to
inmates. The measure also would make statutory changes to require that youths have a
hearing in juvenile delinquency court before they can be transferred to adult criminal
court.
Parole Consideration for Non-Violent Offenders - The measure amends the State
Constitution to specify that any person convicted of a non -violent felony offense
and sentenced to state prison shall be eligible for parole consideration after
completing the full term for his or her primary offense. The measure defines
primary offense as the longest term imposed excluding any additional terms that
are added to an offender’s sentence. Such additional terms include: (1) the
sentences for the lesser crimes the inmate is convicted of in certain cases where
the inmate is convicted of multiple crimes and (2) sentencing enhancements
(such as the additional time an inmate must serve for using a firearm while
committing a crime). As a result, these offenders could be released on an
expedited basis, after serving the term for their primary offense. In addition, the
measure authorizes CDCR to adopt regulations to implement the above changes
and requires the Secretary of CDCR to certify that they protect and enhance
public safety.
Authority to Award Credits - The measure also amends the State Constitution to
specify that CDCR shall have the authority to award credits to inmates for good
behavior and approved rehabilitative or educational achievements. As a result,
CDCR could authorize credits beyond the current limits. In addition, the measure
authorizes CDCR to adopt regulations to implement the above changes and
requires the Secretary of CDCR to certify that they protect and enhance public
safety.
Juvenile Transfer Hearings - The measure modifies statute regarding fitness
hearings to require that all youths have a hearing in juvenile delinquency court
before they can be transferred to adult criminal court. As a result, prosecutors
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would no longer be able to file charges directly in adult criminal court and no
youths would have their cases heard in adult criminal court on a mandatory
basis. In addition, the measure specifies that hearings to transfer youths to adult
criminal court could only be sought for (1) youths accuse d of committing certain
major crimes specified in statute (such as murder, robbery, and certain sex
offenses) when they were age 14 or 15 and (2) youths accused of committing a
felony when they were 16 years of age or older. As a result, there may be fewer
youth tried in adult court. These youth would likely be subject to shorter terms
than would be the case if they were subject to adult sentences.
The LAO estimates that this measure would have the following major fiscal effects,
which could widely range depending on such factors as the discretion exercised by (1)
the state Board of Parole Hearings in determining whether to grant inmates parole and
(2) CDCR in determining whether to grant additional credits:
Net state savings that could range from the tens of millions of dollars to the low
hundreds of millions of dollars annually primarily due to a reduction in the prison
population from additional paroles granted and credits earned.
Net county costs that could range from the millions to tens of millions of dollars
annually, declining to a few million dollars after initial implementation of the
measure.
As of the date of this report, the following agencies / organizations have taken a position
on Proposition 57:
Support* Oppose** No Position
California Democratic Party City of Beverly Hills Town of Danville
California Faculty Association City of Fresno City of Livermore
California Federation of Teachers City of Hesperia City of San Ramon
California State Law Enforcement
Association City of Imperial City City of Pleasanton
Catholic Bishops of California City of Monrovia California State Association of
Counties
Chief Probation Officers of California City of San Clemente
Crime Survivors for Safety & Justice
Governor Jerry Brown
League of Women Voters
Los Angeles Chamber of Commerce
Los Angeles County Democratic Party
SEIU State Council
State Building and Construction Trades
Council
The Bakersfield Californian
*Information gathered from www.vote4prop57.com
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Summary background information along with information from supporters and
opponents of Proposition 57 has been included as Attachment 4, as presented in the
Official Voter Information Guide by the California Secretary of State.
Staff has developed the following options for City Council consideration:
1. Take a formal position to oppose Proposition 57
2. Take a formal position to support Proposition 57
3. Take no formal position on Proposition 57
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution - Oppose Proposition 57
2. Resolution - Support Proposition 57
3. California District Attorneys Association, Violent and Serious Acts Eligible for Early
Release Under the Governor’s “Public Safety and Rehabilitation” Initiative
4. California Secretary of State, Official Voter Information Guide (Prop 57)
RESOLUTION NO. XX-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
RESOLUTION DECLARING OPPOSITION TO CALIFORNIA STATE BALLOT PROPOSITION
57, “THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016”
WHEREAS, the City of Dublin believes it is appropriate to oppose actions or initiatives at
local, state and federal levels that could jeopardize the safety of its citizens; and
WHEREAS, Proposition 57, known as the “Public Safety and Rehabilitation Act of 2016”
has qualified for the November 8, 2016 General Election ballot in California; and
WHEREAS, Proposition 57 has multiple ambiguous terms that are not identified by the
Initiative, such as just what constitutes a “non-violent felony” or what would constitute “parole
consideration;” and
WHEREAS, Proposition 57 could increase parole chances for persons convicted of non-
violent felonies after completing the full term for his or her primary offense and give them more
opportunities to earn credits for good behavior. It would also allow judges, not prosecutors, to
decide whether to try certain juveniles as adults in court; and
WHEREAS, Proposition 57 is intended to ease over-crowding in prisons and offer
leniency to inmates with a history of good behavior; and
WHEREAS, Proposition 57 would conflict with many other initiatives passed by the
voters of California, such as the Victims’ Bill of Rights, Marsy’s Law, the Gang Violence and
Juvenile Crime Prevention Act, the Three Strikes Law, as well as the recent Californians Against
Sexual Exploitation Act.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
opposes the passage of Proposition 57, the “Public Safety and Rehabilitation Act of 2016.”
PASSED, APPROVED AND ADOPTED this 4th day of October, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
RESOLUTION NO. XX-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
RESOLUTION DECLARING SUPPORT TO CALIFORNIA STATE BALLOT PROPOSITION
57, “THE PUBLIC SAFETY AND REHABILITATION ACT OF 2016”
WHEREAS, the City of Dublin believes it is appropriate to support actions or initiatives at
local, state and federal levels that could protect the safety of its citizens; and
WHEREAS, Proposition 57, known as the “Public Safety and Rehabilitation Act of 2016”
has qualified for the November 8, 2016 General Election ballot in California; and
WHEREAS, Proposition 57 would save taxpayer dollars by reducing wasteful spending
on prisons; and
WHEREAS, Proposition 57 focuses resources on keeping dangerous criminals behind
bars; and
WHEREAS, Proposition 57 allows parole consideration for people with non-violent
convictions who complete the full prison term for their primary offense; and
WHEREAS, Proposition 57 authorizes a system of credits that can be earned for
rehabilitation, good behavior and education milestones or taken away for bad behavior; and
WHEREAS, Proposition 57 requires the Secretary of the Department of Corrections and
Rehabilitation to certify that these policies are consistent with protecting and enhancing public
safety; and
WHEREAS, Proposition 57 requires instead of prosecutors to decide whether minors
should be prosecuted as adults, emphasizing rehabilitation for minors in the juvenile system.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
supports the passage of Proposition 57, the “Public Safety and Rehabilitation Act of 2016.”
PASSED, APPROVED AND ADOPTED this 4th day of October, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
VIOLENT AND SERIOUS ACTS ELIGIBLE FOR
EARLY RELEASE UNDER THE GOVERNOR’S
“PUBLIC SAFETY AND REHABILITATION”
INITIATIVE
2
Violent and Serious Acts Eligible for Early Release
Under the Governor’s Proposed “Public Safety and Rehabilitation” Initiative
The term “non-violent felony offense” is not defined in the initiative, or elsewhere in California
law. However, Penal Code section 667.5(c) defines a limited number of felonies as “violent.”
The following crimes are not technically considered “violent,” so therefore, appear to qualify as
“non-violent offense” eligible for early release in the Governor’s initiative. Crimes with an
asterisk (*) appear more than once in the categories below.
This list is not necessarily an exhaustive compilation of every such felony, but should be
considered a fairly complete listing. This list is offered as an aid to prosecution offices to be
used should the Governor’s initiative pass. Should you have any suggested additions, please
send them to CDAA.
Crimes Involving Acts of Violence
• Assault by Means of Force Likely to Produce Great Bodily Injury (Pen. Code § 245(a)(4))
• Assault with a Deadly Weapon (Pen. Code § 245(a)(1))*
• Taking a Hostage (Pen. Code § 210.5)
• Any Felony in Which a Defendant Personally Uses a Dangerous or Deadly Weapon (Pen.
Code § 667/1192.7)*
• Discharge of Firearm at Inhabited House, Occupied Building or Occupied Motor Vehicle
[“Drive-by Shooting”] (Pen. Code § 246)
• Hit & Run Resulting in Death or Permanent, Serious Injury (Pen. Code § 20001(b)(2))
• Domestic Violence Resulting in a Traumatic Condition (Pen. Code § 273.5)*
• False Imprisonment by Violence, Menace, Fraud, or Deceit (Pen. Code §§ 236-237)
• Using Force or Violence Upon a Witness or Victim Because of Assistance Provided to a
Law Enforcement Officer or Prosecutor (Pen. Code § 140)*
• Soliciting Another Person to Commit Murder (Pen. Code § 653f(b))
• Resisting a Peace Officer and Proximately Causing Death or Serious Bodily Injury to the
Officer (Pen. Code § 148.10)*
• Peace Officer Beating or Assaulting a Person Without Lawful Necessity (Pen. Code § 149)
• Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the
Person Commits the Gang Crime and is Convicted of It (Pen. Code § 186.28)*
• Assault with a Stun Gun or Less Lethal Weapon (Pen. Code § 244.5)
• Corporal Punishment or Injury on a Child Resulting in a Traumatic Condition (Pen. Code
§ 273d)*
• False Imprisonment of an Elder or Dependent Adult by Violence, Menace, Fraud, or
Deceit (Pen. Code § 368(f))*
• Hate Crime Causing Physical Injury, Property Damage Over $950, or Where the
Defendant Has a Prior Conviction for a Hate Crime (Pen. Code § 422.7)*
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• Soliciting Another Person to Commit a Specified Crime Such as Carjacking, Robbery,
Burglary, Kidnapping, Arson, Grand Theft, Perjury, Extortion, or Assault With a Deadly
Weapon (Pen. Code § 653f(a))
• Inflicting Physical Pain or Mental Suffering on an Elder or Dependent Adult; Or, a
Caretaker Endangering the Health of an Elder or Dependent Adult (Pen. Code §
368(b)(1))*
• Unlawfully Causing a Fire that Causes Great Bodily Injury (Pen. Code § 452(a))*
• Driving Under the Influence of Alcohol and/or Drugs and Causing Bodily Injury (Veh.
Code § 23153)*
• Conspiracy to Commit Any Serious or Violent Felony (Pen. Code § 182)
• Involuntary Manslaughter with Personal Use of a Weapon, or Personal Infliction of Great
Bodily Injury (i.e., death) (Pen. Code § 192(c))*
• Vehicular Manslaughter with Personal Infliction of Great Bodily Injury (i.e., death) (Pen.
Code § 192(c))
• Vehicular Manslaughter While Intoxicated with Personal Infliction of Great Bodily Injury
(i.e., death) (Pen. Code § 191.5(b))*
Sexual Assault-Related Crimes
• Rape of a Person Incapable of Giving Legal Consent (Pen. Code § 261(a)(1))
• Rape By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code § 261(a)(3))
• Rape of an Unconscious Person (Pen. Code § 261(a)(4))
• Sexual Penetration of an Unconscious Person (Pen. Code § 289(d))
• Sexual Penetration By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code §
289(e))
• Sexual Battery By Unlawful Restraint (Pen. Code § 243.4(a))
• Sexual Battery of a Disabled or Medically Incapacitated Person (Pen. Code § 243.4(b))
• Sexual Battery on an Unconscious Person (Pen. Code § 243.4(c))
• Sodomy on an Unconscious Person (Pen. Code § 286(f))
• Sodomy on a Person Incapable of Giving Legal Consent (Pen Code § 286(g))
• Sodomy By Intoxicating, Anesthetic, or Controlled Substance (Pen. Code § 286(i))
• Oral Copulation on an Unconscious Person (Pen. Code § 288a(f))
• Oral Copulation on a Person Incapable of Giving Legal Consent (Pen. Code § 288a(g))
• Oral Copulation By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code §
288a(i))
• Soliciting Another Person to Commit a Forcible Sex Crime (Pen. Code § 653f(c))
Crimes Against Children
• Abandonment of a Child Under Age 14 (Pen. Code § 271)
• Failing to Provide for a Child Under Age 14 (Pen. Code § 271a)
• Corporal Punishment or Injury on a Child Resulting in a Traumatic Condition (Pen. Code
§ 273d)*
• Child Abduction By a Person Not Having a Right to Custody (Pen. Code § 277)
• Child Abduction to Deprive a Lawful Custodian of a Right to Custody (Pen. Code § 278)
4
• Transporting or Providing a Child Under Age 16 For the Purpose of a Lewd Act (Pen.
Code § 266j)*
• Abduction of a Minor For the Purpose of Prostitution (Pen. Code § 267)*
• Physical Child Abuse/Endangering the Health of a Child (Pen. Code § 273a(a))
• Sodomy With a Minor Under Age 18; Or a Person Over Age 21 Participating in an Act of
Sodomy With a Minor Under Age 16 (Pen. Code § 286(b))
• Lewd or Lascivious Act on Child Age 14 or 15 Where the Perpetrator is at Least 10 Years
Older (Pen. Code § 288(c)(1))
• Contacting a Minor With Intent to Commit to a Specified Offense Such as Kidnapping,
Sexual Assault, Physical Abuse, or Distribution of Obscene Matter (Pen. Code § 288.3)
• Arranging a Meeting With a Minor For Lewd Purposes, Where the Defendant Has a Prior
Conviction for an Offense Requiring Registration as a Sex Offender; Or, Arranging a
Meeting With a Minor for Lewd Purposes and Actually Going to the Meeting Place at the
Arranged Time (Pen. Code § 288.4)
• Oral Copulation With a Minor Under Age 18; Or a Person Over Age 21 Participating in an
Act of Oral Copulation With a Minor Under Age 16 (Pen. Code § 288a(b))
• Employing or Using a Minor, or a Parent Permitting a Minor, to Pose or Model or
Produce Matter Involving Sexual Conduct by the Minor Alone or With Other Persons or
Animals, for Commercial Purposes (Pen. Code § 311.4(b))
• Soliciting or Encouraging a Minor Violate Laws With Respect to Drugs Such as Heroin,
Cocaine, or Cocaine Base (Health & Saf. § 11352)*
• Employing or Using a Minor to Sell or Transport a Controlled Substance (Health & Saf. §
11353(b)*
• Selling, Furnishing, Administering, Giving or Offering to Sell, Furnish, Administer, or Give
Heroin or Cocaine to a Minor (Heath & Saf. § 11353)*
Human Trafficking
• Human Trafficking Involving Forced Labor or Services (Pen. Code § 236.1(a))
• Human Trafficking Involving Sex Acts, Obscene Matter, or Extortion (Pen. Code §
236.1(b))
• Human Trafficking Involving a Minor and Commercial Sex Acts (Pen. Code § 236.1(c))
• Pimping (Pen. Code § 266h)
• Pandering (Pen. Code § 266i)
• Transporting or Providing a Child Under Age 16 For the Purpose of a Lewd Act (Pen.
Code § 266j)*
• Abduction of a Minor For the Purpose of Prostitution (Pen. Code § 267)*
Terrorism-Related Crimes
• Exploding or Attempting to Explode a Destructive Device in a Specified Place (e.g.,
health facility, place of worship, bookstore, library, courthouse, judge’s home, or school
(Pen. Code § 11413)
• Possessing, Manufacturing, Transferring, or Acquiring a Weapon of Mass Destruction
(Pen. Code § 11418(a))
5
• Possession of a Restricted, Biological Agent (Pen. Code § 11419)
• Possession of a Destructive Device or Explosion in or Near a Specified Place, Private
Habitation, or in a Public Building or Public Place (Pen. Code § 18715)
• Possession of a Substance or Material With Intent to Make Destructive Device or
Explosive (Pen. Code § 18720)
• Carrying or Placing a Destructive Device or Explosive in a Vessel, Aircraft, Vehicle, or
Baggage (Pen. Code § 18725)
• Selling, Offering for Sale, or Transporting a Destructive Device (Pen. Code § 18730)
• Carrying a Concealed Explosive Substance on the Person (Pen. Code § 19100)
• Assembling or Placing a Booby Trap Device (Pen. Code § 20110(a))
• Possession of a Device with Intent to Use it as a Booby Trap (Pen. Code § 20110(b))
• Mingling Poison or Harmful Substance With Any Food, Drink, or Medicine; Or, Placing a
Poison or Harmful Substance in a Spring, Well, or Water Supply (Pen. Code § 347(a))
• Possession of Destructive Device (Pen. Code § 18710)
• Exploding a Destructive Device or Explosive With Intent to Injure (Pen. Code § 18740)
Domestic-Violence-Related Crimes
• Violation of a Restraining Order Where Defendant Has a Prior Conviction Within Seven
Years for Violating a Restraining Order That Involves a Credible Threat of Violence (Pen.
Code § 273.6(d)*
• Violation of a Restraining Order Within One Year of a Restraining Order Conviction That
Resulted in Physical Injury to the Victim (Pen. Code § 273.6(e))*
• Domestic Violence Resulting in a Traumatic Condition (Pen. Code § 273.5)*
• Stalking When the Defendant Has a Prior Felony Conviction for Domestic Violence,
Violation of a Restraining Order, Criminal Threats, or Stalking (Pen. Code § 646.9(c))*
Elder/Dependent Adult Abuse
• False Imprisonment of an Elder or Dependent Adult by Violence, Menace, Fraud, or
Deceit (Pen. Code § 368(f))*
• Inflicting Physical Pain or Mental Suffering on an Elder or Dependent Adult; Or, a
Caretaker Endangering the Health of an Elder or Dependent Adult (Pen. Code §
368(b)(1))*
• Non-Caretaker Committing Theft, Embezzlement, Forgery, Fraud, or Identity Theft
Against an Elder or Dependent Adult Where the Loss is Over $950 (Pen. Code § 368(d))
• Caretaker Committing Theft, Embezzlement, Forgery, Fraud, or Identity Theft Against an
Elder or Dependent Adult Where the Loss is Over $950 (Pen. Code § 368(e)
Gang-Related Crimes
• Active Participation in a Criminal Street Gang (Pen. Code § 186.22(a))
• Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the
Person Commits the Gang Crime and is Convicted of It (Pen. Code § 186.28)*
• Soliciting or Recruiting Another Person to Participate in a Criminal Street Gang (Pen.
Code § 219.2)
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• Carrying a Loaded Firearm on the Person or in a Vehicle Where the the Defendant Has a
Prior Felony Conviction, or the Firearm is Stolen and the Defendant Knows it, or the
Defendant Is an Active Participant in a Criminal Street Gang, or the Defendant Is in a
Class of Person Prohibited From Possessing or Acquiring a Firearm (Pen. Code § 25850)
• Any Felony with a Gang Enhancement Attachment (with exception of extortion and
threats to victims/witnesses) (Pen. Code § 186.22(b))
Crimes Against Victims/Witnesses
• Stalking When There Is a Temporary Restraining Order or Injunction in Place (Pen. Code
§ 646.9(b))
• Stalking When the Defendant Has a Prior Felony Conviction for Domestic Violence,
Violation of a Restraining Order, Criminal Threats, or Stalking (Pen. Code § 646.9(c))*
• Convicted Sex Offender in County Jail or State Prison Revealing the Name and Address
of a Sexual Assault Victim to Another Prisoner with Intent That the Victim Be Harassed
(Pen. Code § 136.7)*
• Credible Threat of Force or Violence Against a Witness or Victim of the Crime the
Defendant was Convicted of (Pen. Code § 139(a))
• Using Force or Violence Upon a Witness or Victim Because of Assistance Provided to a
Law Enforcement Officer or Prosecutor (Pen. Code § 140)*
• Violation of a Restraining Order Where Defendant Has a Prior Conviction Within Seven
Years for Violating a Restraining Order That Involves a Credible Threat of Violence (Pen.
Code § 273.6(d))*
• Violation of a Restraining Order Within One Year of a Restraining Order Conviction That
Resulted in Physical Injury to the Victim (Pen. Code § 273.6(e))*
• Making a Credible Threat to Cause Serious Bodily Injury and Within 30 Days Entering the
Victim’s Residence or Workplace With Intent to Carry Out the Threat (Pen. Code § 601)
Hate Crimes
• Hate Crime Causing Physical Injury, Property Damage Over $950, or Where the
Defendant Has a Prior Conviction for a Hate Crime (Pen. Code § 422.7)*
• Terrorizing the Owner of Private Property by Placing a Sign or Mark (e.g., Nazi Swastika)
on the Victim’s Property on Two or More Occasions (Pen. Code § 11411(c))
• Burning or Desecrating a Cross or Religious Symbol on Private Property or School
Grounds, For the Purpose of Terrorizing (Pen. Code § 11411(d))
Sex Offenders/Sexually Violent Predators
• Felon Failing to Register as Required as a Sex Offender; Or, Any Person Failing to
Register as Required as a Sex Offender When That Person Has Previously Been
Convicted of Failing to Register (Pen. Code § 290.018(b))
• Sexually Violent Predator Failing to Verify Sex Registration Every 90 Days (Pen. Code §
290.018(f))
7
Arson-Related Crimes
• Unlawfully Causing a Fire that Causes Great Bodily Injury (Pen. Code § 452(a))*
• Unlawfully Causing a Fire That Causes an Inhabited Structure or Inhabited Property to
Burn (Pen. Code § 452(b))
• Unlawfully Causing a Fire of a Structure or Forest Land (Pen. Code § 452(c))
Crimes Related to Firearms
• Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the
Person Commits the Gang Crime and is Convicted of It (Pen. Code § 186.28)*
• A Felon Possessing, Purchasing, or Receiving a Firearm (Pen. Code § 29800)
• A Person With a Prior Conviction for a Serious or Violent Felony Owning, Possessing, or
Controlling a Firearm (Pen. Code § 29900)
• Discharge of Firearm at Inhabited House, Occupied Building or Occupied Motor Vehicle
[“Drive-by Shooting”] (Pen. Code § 246)
Drug-Related Crimes
• Soliciting or Encouraging a Minor to Violate Laws With Respect to Drugs Such as Heroin,
Cocaine, or Cocaine Base (Health & Saf. § 11352(a))*
• Employing or Using a Minor to Sell or Transport a Controlled Substance (Health & Saf. §
11353(b)*
• Driving Under the Influence of Alcohol and/or Drugs and Causing Bodily Injury (Veh.
Code § 23153)*
• Vehicular Manslaughter While Intoxicated with Personal Infliction of Great Bodily Injury
(i.e., death) (Pen. Code § 191.5(b))*
• Selling, Furnishing, Administering, Giving or Offering to Sell, Furnish, Administer, or Give
Heroin or Cocaine to a Minor (Health & Saf. § 11353)*
• Possession of Specified Compounds With the Intent to Manufacture Methamphetamine
(Health & Saf. § 11383.5)
• Driving Under the Influence of Alcohol and/or a Drug Where the Defendant Has Three or
More Separate DUI Violations (Veh. Code § 23550)
Crimes Committed on School Grounds or Universities
• Threatening to Inflict Injury on an Officer or Employee of an Educational Institution (Pen.
Code § 71)
• Assault on a Peace Officer Working at a School (Pen. Code § 241.4)
• Battery on a School Employee Where Injury is Inflicted (Pen. Code § 243.6)
• Discharging a Firearm in a School Zone (Pen. Code § 626.9(d))
• Assault on a School Employee Involving a Deadly Weapon (Pen. Code § 245.2)
8
Crimes Against Peace Officers
• Resisting a Peace Officer and Proximately Causing Death or Serious Bodily Injury to the
Officer (Pen. Code § 148.10)*
• Removing or Taking a Firearm From a Peace Officer While Resisting Arrest (Pen. Code §
148(c))
• Battery with Injury Inflicted on Peace Officer, Custodial Officer, Firefighter, Emergency
Medical Technician, Lifeguard, Process Server, Traffic Officer, or Animal Control Officer
(Pen. Code § 243(c))
Crimes Committed By Inmates
• Inciting a Riot in State Prison or County Jail That Results in Serious Bodily Injury (Pen.
Code § 404.6(c))
• Convicted Sex Offender in County Jail or State Prison Revealing the Name and Address
of a Sexual Assault Victim to Another Prisoner with Intent That the Victim Be Harassed
(Pen. Code § 136.7)*
• Assault on a Custodial Officer (Pen. Code § 241.1)
• Battery Against a Custodial Officer (Pen. Code § 243.1)
• Possessing, Carrying, or Controlling a Specified Weapon or Firearm in a State Prison or
County Jail (Pen. Code § 4502(a))
• Manufacturing or Attempting to Manufacture a Specific Firearm in a State Prison or
County Jail (Pen. Code § 4502(b))
• Possessing a Controlled Substance or Drug Paraphernalia in State Prison or County Jail
(Pen. Code § 4573.6)
• Sodomy While Confined in State Prison or Jail (Pen. Code § 286(e))
• Oral Copulation While Confined in State Prison or Jail (Pen. Code § 288a(e))
• State Prison Inmate Committing an Assault By Means of Force Likely to Produce Great
Bodily Injury (Pen. Code § 4501(b))
• Escape or Attempt to Escape From State Prison By Force or Violence (Pen. Code §
4503(a))
• Escape or Attempt to Escape From County Jail by Misdemeanant, Home Detainee, or
Work Furlough Program Participant, By Force or Violence (Pen. Code § 4532(a)(2))
• Assault With a Deadly Weapon by State Prison Inmate (Pen. Code § 4501)
• Holding a Hostage by State Prison Inmate (Pen. Code § 4503)
Official Voter Information Guide
OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL
PROP
57 CRIMINAL SENTENCES. PAROLE. JUVENILE CRIMINAL PROCEEDINGS
AND SENTENCING. INITIATIVE CONSTITUTIONAL AMENDMENT AND
STATUTE.
Allows parole consideration for persons convicted of nonviolent felonies, upon completion of prison term for t heir
primary offense as def ined.
Aut horizes Department of Correct ions and Rehabilitation t o award sentence credits f or rehabilit ation, good behavior,
or educational achievements.
Requires Department of Correct ions and Rehabilit ation to adopt regulations to implement new parole and sentence
credit provisions and certify they enhance public saf ety.
Provides juvenile court judges shall make determinat ion, upon prosecutor motion, whet her juveniles age 14 and
older should be prosecuted and sent enced as adults for specified offenses.
SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LO CAL GOVERNMENT
FISCAL IMPACT:
Net st ate savings likely in t he t ens of millions of dollars annually, primarily due t o reductions in the prison population.
Savings would depend on how cert ain provisions are implement ed.
Net county costs of likely a f ew million dollars annually.
Official Voter Information Guide
ARGUMENT IN FAVOR OF PROPOSITION 57
V OTE Y ES on PROP OSI TION 57
California public safety leaders and victims of crime
support P roposit ion 57—the P ublic S afet y and
Rehabilitation Act of 2016—because Prop. 57 focuses
resources on keeping dangerous criminals behind
bars, while rehabilit ating juvenile and adult inmates
and saving tens of millions of taxpayer dollars.
Over the last several decades, Calif ornia's prison
population exploded by 500% and prison spending
ballooned t o m ore t han $10 billion every year.
Meanwhile, too f ew inmat es were rehabilit ated and
most re‐off ended aft er release.
Overcrowded and unconst itut ional conditions led the
U.S. S upreme Court t o order the st ate t o reduce it s
prison populat ion. Now, without a common sense,
long‐t erm solut ion, we will continue to waste billions
and risk a court ‐ordered release of dangerous
prisoners. This is an unacceptable outcome that put s
Californians in danger—and this is why we need Prop.
57.
P rop. 57 is straightforward—here's what it does:
• S aves taxpayer dollars by reducing wasteful
spending on prisons. • Keeps the most dangerous
off enders locked up. • Allows parole consideration for
people with non‐violent convictions who complet e t he
full prison t erm f or their primary offense. • Aut horizes
a syst em of credit s that can be earned f or
rehabilitat ion, good behavior and education milestones
or taken away f or bad behavior. • Requires the
S ecretary of the Depart ment of Corrections and
Rehabilitation t o cert if y that t hese policies are
consist ent with prot ecting and enhancing public saf ety.
• Requires judges instead of prosecut ors to decide
whether minors should be prosecuted as adults,
emphasizing rehabilitation f or minors in the juvenile
system.
We know what works. Evidence shows that the more
inmat es are rehabilit ated, the less likely t hey are to re‐
off end. Further evidence shows t hat minors who
remain under juvenile court supervision are less likely
to commit new crimes. P rop. 57 focuses on evidence‐
based rehabilitat ion and allows a juvenile court judge
to decide whether or not a minor should be prosecut ed
as an adult .
No one is automatically released, or ent it led t o release
from prison, under P rop. 57.
• To be grant ed parole, all inmat es, current and f uture,
must demonstrate t hat they are rehabilitated and do
not pose a danger t o t he public. • The Board of P arole
Hearings—made up mostly of law enforcement
ARGUMENT AGAINST PROPOSITION 57
P roposit ion 57 will allow criminals convict ed of RAP E ,
LE WD ACTS AGA INST A CHILD, GANG GUN
CRIMES and HUMA N TRA FFICK ING t o be released
early from prison.
That's why Proposition 57 is OPPOS E D by California
Law Enf orcement —District A ttorneys, S heriff s, P olice,
Court room Prosecutors, Crime Vict ims and local
communit y leaders.
Here are the f acts:
The authors of Proposition 57 claim it only applies to
"non‐violent" crim es, but t heir poorly draf ted measure
deems t he following crimes "non‐violent " and makes
the perpetrators eligible for EARLY PAROLE and
RE LEASE int o local communities:
• Rape by intoxication • Rape of an unconscious
person • Human Trafficking involving sex act with
minors • Drive‐by shoot ing • Assault with a deadly
weapon • Hostage taking • A tt empting t o explode a
bomb at a hospital or school • Domest ic violence
involving trauma • Supplying a f irearm t o a gang
member • Hat e crime causing physical injury • Failing
to regist er as a sex offender • Arson • Discharging a
firearm on school grounds • Lewd act s against a child
14 or 15 • False imprisonment of an elder through
violence. *partial list
Here are five more reasons t o VOTE NO on 57:
1) 57 authorizes stat e government bureaucrats t o
reduce many sent ences for "good behavior," even f or
inmat es convicted of murder, rape, child molestat ion
and human traf ficking. 2) 57 perm its the worst career
criminals to be treated the same as f irst ‐t ime
off enders, discount ing st rong sentences imposed by a
judge. 3) "57 eff ectively overturns key provisions of
Marsy's Law, '3‐St rikes and You're Out,' Victims' Bill of
Rights, Calif ornians A gainst S exual Exploitat ion Act —
measures enacted by voters that have prot ected
victims and made communities safer"—Susan Fisher,
Former Chairwoman St ate P arole Board 4) 57 f orces
victims t rying to put their lives back toget her to re‐live
the crim es committ ed against them over and over
again, wit h every new parole hearing. 5) 57 will likely
result in higher crime rates as at least 16,000
dangerous criminals, including t hose previously
convict ed of murder and rape, would be eligible for
early release.
Finally, P rop. 57 places all these new privileges and
right s f or convict ed criminals int o t he California
Const it ution, where t hey cannot be changed by the
Legislature.
PROP
57 CRIMINAL SENTENCES. PAROLE. JUVENILE CRIMINAL PROCEEDINGS
AND SENTENCING. INITIATIVE CONSTITUTIONAL AMENDMENT AND
STATUTE.
off icials—determines who is eligible for release. • A ny
individuals approved for release will be subject t o
mandatory supervision by law enforcement .
A nd as t he California S upreme Court clearly st ated:
parole eligibility in Prop. 57 applies "only to prisoners
convict ed of non‐violent f elonies."
P rop. 57 is long overdue.
P rop. 57 focuses our system on evidence‐based
rehabilitat ion for juveniles and adult s because it is
bet ter f or public saf ety than our current system.
P rop. 57 saves t ens of millions of taxpayer dollars.
P rop. 57 keeps t he most dangerous criminals behind
bars.
V OTE Y ES on Prop. 57
www.Vote4Prop57.com
(http://www.Vote4Prop57.com)
E DMUND G. BROWN JR., Governor of Calif ornia
MARK BONINI , President
Chief Probat ion Officers of California
DIONNE WI LS ON, widow of police officer killed in the
line of duty
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION
57
The authors of P rop. 57 are not t elling you t he t rut h.
IT A P PLI E S TO V IOLE NT CRIMINALS, will increase
crime and make you less safe. Vot e NO.
FA CT: Prop. 57 authorizes EARLY PA ROLE for a
RA PI S T who drugs and rapes a victim, because its
aut hors call him non‐violent .
FA CT: Prop. 57 AME NDS CALI FORNI A'S
CONSTI TUTI ON to give t hese new early parole rights
to criminals who are convict ed of m any violent and
horrible crimes, including:
RA PE of an unconscious vict im; HUMA N SE X
TRA FFICK ING; ASSAULT with a deadly weapon;
LE WD ACTS against a 14‐year‐old; HOS TAGE
TA K ING; HATE CRI MES causing injury.
More FA CTS:
• Thousands of dangerous criminals have already been
released early. We are paying t he price. The violent
crime rate was up 10% last year and Rape up 37%. •
P rop. 57 would authorize the I MME DIATE RE LE A SE
of thousands of dangerous criminals. • Those
previously convicted of MURDE R, RAPE and CHILD
MOLESTATION would be eligible f or early parole. •
Releasing t housands of dangerous criminals will not
save money. In addition to the human costs of
increased crime, counties and cit ies will be f orced t o
hire more police, sheriff deput ies, victim counselors
and expand courts. • Prop. 57 overt urns import ant
provisions of t he Crime Victims Bill of Right s, our 3
S trikes Law and Marsy's Law—st rong measures
enact ed by voters.
The weakening of California's anti‐crime laws has
gone too far. Don't amend California's Const it ution to
give even more right s to criminals.
Make no mist ake. I f P rop. 57 passes, every home,
every neighborhood, every school will be less safe
than it is today.
A sk yourself t hese quest ions:
S hould a criminal who RA P ES A N UNCONS CIOUS
P E RSON be allowed early release from prison? How
about a 50‐year old child molester who preys on a
child?
S hould criminals convicted of HUMAN TRA FFICKING
involving sex act s with a child, be allowed back on the
street s before serving their full sentence?
S hould a criminal who at tempts to EX P LODE A
B OMB at a hospital, school or place of worship, be
allowed to leave prison early?
If you answered NO to these questions, t hen join
District At torneys, Courtroom P rosecutors, Police,
S heriff s, Crime Vict ims, Superior Court Judges and
communit y leaders in voting NO on 57.
Violent crime was up 10% last year in California. Don't
allow more violent and dangerous criminals to be
released early. VOTE NO on 57.
MARTIN HALLORAN, President
S an Francisco P olice Officers Association
GEORGE HOFSTETTE R, P resident
A ssociat ion of Los A ngeles Deputy S heriffs
S TEPHEN WAGSTAFFE , P resident
California District A tt orneys Association
REBUTTAL TO ARGUMENT AGAINST PROPOSITION 57
Y E S on Proposition 57
Opponent s of Prop. 57 are wrong.
P rop. 57 saves t ens of millions of taxpayer dollars by
reducing wast eful prison spending, breaks the cycle of
crime by rehabilitat ing deserving juvenile and adult
inmat es, and keeps dangerous criminals behind bars.
Don't be misled by false att acks. Prop. 57:
• Does NOT automatically release anyone from prison.
• Does NOT authorize parole f or violent offenders. The
California Supreme Court clearly stat ed t hat parole
eligibility under Prop. 57 applies, "only t o prisoners
convict ed of non‐violent felonies." (Brown v. Superior
Court , June 6, 2016). Violent criminals as defined in
P enal Code 667.5(c) are excluded f rom parole. • Does
NOT and will not change t he f ederal court order t hat
excludes sex off enders, as defined in P enal Code 290,
from parole. • Does NOT diminish victims' rights. •
Does NOT prevent judges f rom issuing tough
sent ences.
P rop. 57:
• WI LL f ocus resources on keeping dangerous
criminals behind bars. • WILL save tens of millions of
taxpayer dollars. • WILL help f ix a broken system
where inmat es leave prison without rehabilit ation, re‐
off end and cycle back into the system . • WI LL be
implemented through Depart ment of Corrections and
Rehabilitation regulations developed wit h public and
victim input and certified as protecting public safety.
Crime Vict ims, Police, S heriffs, Judges and
P rosecutors urge a NO vote on 57.
HONORABLE JAMES ARDAIZ, Presiding Judge
5th District Court of A ppeal (Ret.)
S ANDRA HUTCHE NS, Sheriff
Orange Count y
COLLENE THOMPSON CAMPBE LL, Founder
Memory of Victims Everywhere
S an Diego Dist rict A tt orney Bonnie Dumanis—a P rop.
57 supporter—knows it is imperative to provide
inmat es with tools to st op t he revolving door to prison.
(Daily Journal, July 14, 2016).
A nd t hat makes our communit ies saf er.
Join law enforcement officials, victims of crime and
religious leaders: vot e YES on P rop. 57.
E DMUND G. BROWN JR., Governor of Calif ornia
MARK BONINI , President
Chief Probation Officers of California
DIONNE WI LS ON, widow of police officer killed in the
line of duty
Argum ents printed on this page are the opini ons of the authors, and have not been checked for accuracy by any official agency.
PROP CRIMINAL SENTENCES. PAROLE.
JUVENILE CRIMINAL PROCEEDINGS AND SENTENCING.
INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE.57
SUMMARY
Allows parole consideration for nonviolent felons. Authorizes
sentence credits for rehabilitation, good behavior, and
education. Provides juvenile court judge decides whether
juvenile will be prosecuted as adult. Fiscal Impact: Net state
savings likely in the tens of millions of dollars annually,
depending on implementation. Net county costs of likely a
few million dollars annually.
CON Vote NO on 57
because it:
• Authorizes EARLY
RELEASE of violent
criminals, including those
who RAPE unconscious
victims.
• Authorizes immediate
release for 16,000 dangerous
criminals, even convicted
murderers.
• Amends the California
Constitution; takes rights
away from victims; grants
more rights to criminals. Vote
NO on 57.
PRO California public
safety leaders and
victims of crime support
Proposition 57—the Public
Safety and Rehabilitation Act
of 2016—because Prop. 57
focuses resources on keeping
dangerous criminals behind
bars, while rehabilitating
juvenile and adult inmates
and saving tens of millions of
taxpayer dollars. YES on
Prop. 57.
ARGUMENTS
NO A NO vote on this
measure means:
There would be no change to
the inmate release process.
The state’s prison system
could not award additional
sentencing credits to
inmates. Certain youths
could continue to be tried in
adult court without a hearing
in juvenile court.
YES A YES vote on this
measure means:
Certain state prison inmates
convicted of nonviolent felony
offenses would be considered
for release earlier than
otherwise. The state prison
system could award
additional sentencing credits
to inmates for good behavior
and approved rehabilitative or
educational achievements.
Youths must have a hearing
in juvenile court before they
could be transferred to adult
court.
WHAT YOUR VOTE MEANS
FOR ADDITIONAL INFORMATION
FOR
James Harrison
Remcho, Johansen and
Purcell, LLP
1901 Harrison Street,
Suite 1550
Oakland, CA 94612
(510) 346-6200
Info@SafetyandRehabilitation.com
www.Vote4Prop57.com
AGAINST
William Kolkey
Stop Early Release of Violent
Criminals Committee
FPPC#1386627
No on 57 Committee
921 11th Street, #300
Sacramento, CA 95814
(916) 409-7401
will@StopEarlyRelease.com
www.StopEarlyRelease.com
QUICK-REFERENCE GUIDE
Quick-Reference Guide | 11
Text of Proposed Laws | 141
TEXT OF PROPOSED LAWS PROPOSITION 56 CONTINuED
PROPOSITION 57
This initiative measure is submitted to the people in
accordance with the provisions of Section 8 of Article II of
the California Constitution.
This initiative measure adds a section to the California
Constitution and amends sections of the Welfare and
Institutions Code; therefore, existing provisions proposed
to be deleted are printed in strikeout type and new
provisions proposed to be added are printed in italic type
to indicate that they are new.
PROPOSED LAW
The Public Safety and Rehabilitation Act of 2016
SECTION 1. Title.
This measure shall be known and may be cited as “The
Public Safety and Rehabilitation Act of 2016.”
SEC. 2. Purpose and Intent.
In enacting this act, it is the purpose and intent of the
people of the State of California to:
1. Protect and enhance public safety.
2. Save money by reducing wasteful spending on prisons.
3. Prevent federal courts from indiscriminately releasing
prisoners.
4. Stop the revolving door of crime by emphasizing
rehabilitation, especially for juveniles.
5. Require a judge, not a prosecutor, to decide whether
juveniles should be tried in adult court.
Sec. 3. Section 32 is added to Article I of the California
Constitution, to read:
seC. 32. (a) The following provisions are hereby enacted
to enhance public safety, improve rehabilitation, and avoid
the release of prisoners by federal court order,
notwithstanding anything in this article or any other
provision of law:
(1) Parole Consideration: Any person convicted of a
nonviolent felony offense and sentenced to state prison
shall be eligible for parole consideration after completing
the full term for his or her primary offense.
(A) For purposes of this section only, the full term for the
primary offense means the longest term of imprisonment
imposed by the court for any offense, excluding the
imposition of an enhancement, consecutive sentence, or
alternative sentence.
(2) Credit Earning: The Department of Corrections and
Rehabilitation shall have authority to award credits earned
for good behavior and approved rehabilitative or educational
achievements.
(b) The Department of Corrections and Rehabilitation
shall adopt regulations in furtherance of these provisions,
and the Secretary of the Department of Corrections and
Rehabilitation shall certify that these regulations protect
and enhance public safety.
SEC. 4. Judicial Transfer Process.
SEC. 4.1. Section 602 of the Welfare and Institutions
Code is amended to read:
602. (a) Except as provided in subdivision (b)
Section 707, any person who is under 18 years of age
when he or she violates any law of this state or of the
United States or any ordinance of any city or county of this
state defining crime other than an ordinance establishing
a curfew based solely on age, is within the jurisdiction of
the juvenile court, which may adjudge such person to be a
ward of the court.
(b) Any person who is alleged, when he or she was 14
years of age or older, to have committed one of the following
offenses shall be prosecuted under the general law in a
court of criminal jurisdiction:
(1) Murder, as described in Section 187 of the Penal
Code, if one of the circumstances enumerated in
subdivision (a) of Section 190.2 of the Penal Code is
57
142 | Text of Proposed Laws
TEXT OF PROPOSED LAWS PROPOSITION 57 CONTINuED
alleged by the prosecutor, and the prosecutor alleges that
the minor personally killed the victim.
(2) The following sex offenses, if the prosecutor alleges
that the minor personally committed the offense, and if
the prosecutor alleges one of the circumstances enumerated
in the One Strike law, subdivision (d) or (e) of Section
667.61 of the Penal Code, applies:
(A) Rape, as described in paragraph (2) of subdivision (a)
of Section 261 of the Penal Code.
(B) Spousal rape, as described in paragraph (1) of
subdivision (a) of Section 262 of the Penal Code.
(C) Forcible sex offenses in concert with another, as
described in Section 264.1 of the Penal Code.
(D) Forcible lewd and lascivious acts on a child under 14
years of age, as described in subdivision (b) of Section
288 of the Penal Code.
(E) Forcible sexual penetration, as described in subdivision
(a) of Section 289 of the Penal Code.
(F) Sodomy or oral copulation in violation of Section 286
or 288a of the Penal Code, by force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on
the victim or another person.
(G) Lewd and lascivious acts on a child under 14 years of
age, as defined in subdivision (a) of Section 288, unless
the defendant qualifies for probation under subdivision (d)
of Section 1203.066 of the Penal Code.
SEC. 4.2. Section 707 of the Welfare and Institutions
Code is amended to read:
707. (a) (1) In any case in which a minor is alleged to
be a person described in subdivision (a) of Section 602 by
reason of the violation, when he or she was 16 years of age
or older, of any felony criminal statute, or ordinance except
those listed in subdivision (b), or of an offense listed in
subdivision (b) when he or she was 14 or 15 years of age,
the district attorney or other appropriate prosecuting officer
may make a motion to transfer the minor from juvenile
court to a court of criminal jurisdiction. upon The motion
of the petitioner must be made prior to the attachment of
jeopardy. Upon such motion, the juvenile court shall cause
order the probation officer to investigate and submit a
report on the behavioral patterns and social history of the
minor. being considered for a determination of unfitness.
The report shall include any written or oral statement
offered by the victim pursuant to Section 656.2.
(2) Following submission and consideration of the report,
and of any other relevant evidence that the petitioner or
the minor may wish to submit, the juvenile court shall
decide whether the minor should be transferred to a court
of criminal jurisdiction. In making its decision, the court
shall consider the criteria specified in subparagraphs
(A) to (E). If the court orders a transfer of jurisdiction, the
court shall recite the basis for its decision in an order
entered upon the minutes. In any case in which a hearing
has been noticed pursuant to this section, the court shall
postpone the taking of a plea to the petition until the
conclusion of the transfer hearing, and no plea that may
have been entered already shall constitute evidence at the
hearing. may find that the minor is not a fit and proper
subject to be dealt with under the juvenile court law if it
concludes that the minor would not be amenable to the
care, treatment, and training program available through
the facilities of the juvenile court, based upon an evaluation
of the criteria specified in clause (i) of subparagraphs (A)
to (E), inclusive:
(A) (i) The degree of criminal sophistication exhibited by
the minor.
(ii) When evaluating the criterion specified in clause (i),
the juvenile court may give weight to any relevant factor,
including, but not limited to, the minor’s age, maturity,
intellectual capacity, and physical, mental, and emotional
health at the time of the alleged offense, the minor’s
impetuosity or failure to appreciate risks and consequences
of criminal behavior, the effect of familial, adult, or peer
pressure on the minor’s actions, and the effect of the
minor’s family and community environment and childhood
trauma on the minor’s criminal sophistication.
(B) (i) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court’s jurisdiction.
(ii) When evaluating the criterion specified in clause (i),
the juvenile court may give weight to any relevant factor,
including, but not limited to, the minor’s potential to grow
and mature.
(C) (i) The minor’s previous delinquent history.
(ii) When evaluating the criterion specified in clause (i),
the juvenile court may give weight to any relevant factor,
including, but not limited to, the seriousness of the minor’s
previous delinquent history and the effect of the minor’s
family and community environment and childhood trauma
on the minor’s previous delinquent behavior.
(D) (i) Success of previous attempts by the juvenile court
to rehabilitate the minor.
(ii) When evaluating the criterion specified in clause (i),
the juvenile court may give weight to any relevant factor,
including, but not limited to, the adequacy of the services
previously provided to address the minor’s needs.
(E) (i) The circumstances and gravity of the offense
alleged in the petition to have been committed by the
minor.
(ii) When evaluating the criterion specified in clause (i),
the juvenile court may give weight to any relevant factor,
including but not limited to, the actual behavior of the
person, the mental state of the person, the person’s degree
of involvement in the crime, the level of harm actually
caused by the person, and the person’s mental and
emotional development.
A determination that the minor is not a fit and proper
subject to be dealt with under the juvenile court law may
be based on any one or a combination of the factors set
forth in clause (i) of subparagraphs (A) to (E), inclusive,
which shall be recited in the order of unfitness. In any case
in which a hearing has been noticed pursuant to this
section, the court shall postpone the taking of a plea to the
petition until the conclusion of the fitness hearing, and no
plea that may have been entered already shall constitute
evidence at the hearing.
(2) (A) This paragraph shall apply to a minor alleged to be
a person described in Section 602 by reason of the
violation, when he or she has attained 16 years of age, of
any felony offense when the minor has been declared to be
a ward of the court pursuant to Section 602 on one or
more prior occasions if both of the following apply:
(i) The minor has previously been found to have committed
two or more felony offenses.
(ii) The offenses upon which the prior petition or petitions
were based were committed when the minor had attained
14 years of age.
57
Text of Proposed Laws | 143
TEXT OF PROPOSED LAWS PROPOSITION 57 CONTINuED
each and every one of those criteria. In making a finding of
fitness, the court may consider extenuating and mitigating
circumstances in evaluating each of those criteria. In any
case in which the hearing has been noticed pursuant to
this section, the court shall postpone the taking of a plea
to the petition until the conclusion of the fitness hearing
and no plea that may have been entered already shall
constitute evidence at the hearing. If the minor is found to
be a fit and proper subject to be dealt with under the
juvenile court law pursuant to this subdivision, the minor
shall be committed to placement in a juvenile hall, ranch
camp, forestry camp, boot camp, or secure juvenile home
pursuant to Section 730, or in any institution operated by
the Department of Corrections and Rehabilitation, Division
of Juvenile Facilities.
(3) If, pursuant to this subdivision, the minor is found to
be not a fit and proper subject for juvenile court treatment
and is tried in a court of criminal jurisdiction and found
guilty by the trier of fact, the judge may commit the minor
to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, in lieu of sentencing the
minor to the state prison, unless the limitations specified
in Section 1732.6 apply.
(b) Subdivision (c) (a) shall be applicable in any case in
which a minor is alleged to be a person described in
Section 602 by reason of the violation of one of the
following offenses when he or she was 14 or 15 years of
age:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of
Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force, violence, or threat of great bodily
harm.
(5) Sodomy by force, violence, duress, menace, or threat
of great bodily harm.
(6) A lewd or lascivious act as provided in subdivision (b)
of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or
threat of great bodily harm.
(8) An offense specified in subdivision (a) of Section 289
of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purposes of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great
bodily injury.
(15) Discharge of a firearm into an inhabited or occupied
building.
(16) An offense described in Section 1203.09 of the
Penal Code.
(17) An offense described in Section 12022.5 or
12022.53 of the Penal Code.
(18) A felony offense in which the minor personally used
a weapon described in any provision listed in Section 16590
of the Penal Code.
(19) A felony offense described in Section 136.1 or 137
of the Penal Code.
(B) Upon motion of the petitioner made prior to the
attachment of jeopardy the court shall cause the probation
officer to investigate and submit a report on the behavioral
patterns and social history of the minor being considered
for a determination of unfitness. Following submission and
consideration of the report, and of any other relevant
evidence that the petitioner or the minor may wish to
submit, the minor shall be presumed to be not a fit and
proper subject to be dealt with under the juvenile court law
unless the juvenile court concludes, based upon evidence,
which evidence may be of extenuating or mitigating
circumstances, that the minor would be amenable to the
care, treatment, and training program available through
the facilities of the juvenile court based upon an evaluation
of the criteria specified in subclause (I) of clauses (i) to (v),
inclusive:
(i) (I) The degree of criminal sophistication exhibited by
the minor.
(II) When evaluating the criterion specified in subclause
(I), the juvenile court may give weight to any relevant
factor, including, but not limited to, the minor’s age,
maturity, intellectual capacity, and physical, mental, and
emotional health at the time of the alleged offense, the
minor’s impetuosity or failure to appreciate risks and
consequences of criminal behavior, the effect of familial,
adult, or peer pressure on the minor’s actions, and the
effect of the minor’s family and community environment
and childhood trauma on the minor’s criminal
sophistication.
(ii) (I) Whether the minor can be rehabilitated prior to the
expiration of the juvenile court’s jurisdiction.
(II) When evaluating the criterion specified in subclause
(I), the juvenile court may give weight to any relevant
factor, including, but not limited to, the minor’s potential
to grow and mature.
(iii) (I) The minor’s previous delinquent history.
(II) When evaluating the criterion specified in subclause
(I), the juvenile court may give weight to any relevant
factor, including, but not limited to, the seriousness of the
minor’s previous delinquent history and the effect of the
minor’s family and community environment and childhood
trauma on the minor’s previous delinquent behavior.
(iv) (I) Success of previous attempts by the juvenile court
to rehabilitate the minor.
(II) When evaluating the criterion specified in subclause
(I), the juvenile court may give weight to any relevant
factor, including, but not limited to, the adequacy of the
services previously provided to address the minor’s needs.
(v) (I) The circumstances and gravity of the offense
alleged in the petition to have been committed by the
minor.
(II) When evaluating the criterion specified in subclause
(I), the juvenile court may give weight to any relevant
factor, including, but not limited to, the actual behavior of
the person, the mental state of the person, the person’s
degree of involvement in the crime, the level of harm
actually caused by the person, and the person’s mental
and emotional development.
A determination that the minor is a fit and proper subject
to be dealt with under the juvenile court law shall be based
on a finding of amenability after consideration of the
criteria set forth in subclause (I) of clauses (i) to (v),
inclusive, and findings therefore recited in the order as to
each of those criteria that the minor is fit and proper under
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(20) Manufacturing, compounding, or selling one-half
ounce or more of a salt or solution of a controlled substance
specified in subdivision (e) of Section 11055 of the Health
and Safety Code.
(21) A violent felony, as defined in subdivision (c) of
Section 667.5 of the Penal Code, which also would
constitute a felony violation of subdivision (b) of
Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from a county
juvenile hall, home, ranch, camp, or forestry camp in
violation of subdivision (b) of Section 871 if great bodily
injury is intentionally inflicted upon an employee of the
juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of
the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of
the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal
Code, while armed with a dangerous or deadly weapon.
(26) Kidnapping for purposes of sexual assault, as
punishable in subdivision (b) of Section 209 of the Penal
Code.
(27) Kidnapping as punishable in Section 209.5 of the
Penal Code.
(28) The offense described in subdivision (c) of
Section 26100 of the Penal Code.
(29) The offense described in Section 18745 of the Penal
Code.
(30) Voluntary manslaughter, as described in subdivision
(a) of Section 192 of the Penal Code.
(c) With regard to a minor alleged to be a person described
in Section 602 by reason of the violation, when he or she
was 14 years of age or older, of any of the offenses listed
in subdivision (b), upon motion of the petitioner made
prior to the attachment of jeopardy the court shall cause
the probation officer to investigate and submit a report on
the behavioral patterns and social history of the minor
being considered for a determination of unfitness.
Following submission and consideration of the report, and
of any other relevant evidence that the petitioner or the
minor may wish to submit, the minor shall be presumed to
be not a fit and proper subject to be dealt with under the
juvenile court law unless the juvenile court concludes,
based upon evidence, which evidence may be of extenuating
or mitigating circumstances, that the minor would be
amenable to the care, treatment, and training program
available through the facilities of the juvenile court based
upon an evaluation of each of the criteria specified in
subparagraph (A) of paragraphs (1) to (5), inclusive:
(1) (A) The degree of criminal sophistication exhibited by
the minor.
(B) When evaluating the criterion specified in subparagraph
(A), the juvenile court may give weight to any relevant
factor, including, but not limited to, the minor’s age,
maturity, intellectual capacity, and physical, mental, and
emotional health at the time of the alleged offense, the
minor’s impetuosity or failure to appreciate risks and
consequences of criminal behavior, the effect of familial,
adult, or peer pressure on the minor’s actions, and the
effect of the minor’s family and community environment
and childhood trauma on the minor’s criminal
sophistication.
(2) (A) Whether the minor can be rehabilitated prior to
the expiration of the juvenile court’s jurisdiction.
(B) When evaluating the criterion specified in subparagraph
(A), the juvenile court may give weight to any relevant
factor, including, but not limited to, the minor’s potential
to grow and mature.
(3) (A) The minor’s previous delinquent history.
(B) When evaluating the criterion specified in subparagraph
(A), the juvenile court may give weight to any relevant
factor, including, but not limited to, the seriousness of the
minor’s previous delinquent history and the effect of the
minor’s family and community environment and childhood
trauma on the minor’s previous delinquent behavior.
(4) (A) Success of previous attempts by the juvenile court
to rehabilitate the minor.
(B) When evaluating the criterion specified in subparagraph
(A), the juvenile court may give weight to any relevant
factor, including, but not limited to, the adequacy of the
services previously provided to address the minor’s needs.
(5) (A) The circumstances and gravity of the offenses
alleged in the petition to have been committed by the
minor.
(B) When evaluating the criterion specified in subparagraph
(A), the juvenile court may give weight to any relevant
factor, including, but not limited to, the actual behavior of
the person, the mental state of the person, the person’s
degree of involvement in the crime, the level of harm
actually caused by the person, and the person’s mental
and emotional development.
A determination that the minor is a fit and proper subject
to be dealt with under the juvenile court law shall be based
on a finding of amenability after consideration of the
criteria set forth in subparagraph (A) of paragraphs (1) to
(5), inclusive, and findings therefore recited in the order as
to each of those criteria that the minor is fit and proper
under each and every one of those criteria. In making a
finding of fitness, the court may consider extenuating or
mitigating circumstances in evaluating each of those
criteria. In any case in which a hearing has been noticed
pursuant to this section, the court shall postpone the
taking of a plea to the petition until the conclusion of the
fitness hearing and no plea which may have been entered
already shall constitute evidence at the hearing. If,
pursuant to this subdivision, the minor is found to be not
a fit and proper subject for juvenile court treatment and is
tried in a court of criminal jurisdiction and found guilty by
the trier of fact, the judge may commit the minor to the
Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, in lieu of sentencing the minor to the
state prison, unless the limitations specified in Section
1732.6 apply.
(d) (1) Except as provided in subdivision (b) of Section
602, the district attorney or other appropriate prosecuting
officer may file an accusatory pleading in a court of criminal
jurisdiction against any minor 16 years of age or older who
is accused of committing an offense enumerated in
subdivision (b).
(2) Except as provided in subdivision (b) of Section 602,
the district attorney or other appropriate prosecuting officer
may file an accusatory pleading against a minor 14 years
of age or older in a court of criminal jurisdiction in any
case in which any one or more of the following circumstances
apply:
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(4) In any case in which the district attorney or other
appropriate prosecuting officer has filed an accusatory
pleading against a minor in a court of criminal jurisdiction
pursuant to this subdivision, the case shall then proceed
according to the laws applicable to a criminal case. In
conjunction with the preliminary hearing as provided in
Section 738 of the Penal Code, the magistrate shall make
a finding that reasonable cause exists to believe that the
minor comes within this subdivision. If reasonable cause is
not established, the criminal court shall transfer the case
to the juvenile court having jurisdiction over the matter.
(5) For an offense for which the prosecutor may file the
accusatory pleading in a court of criminal jurisdiction
pursuant to this subdivision, but elects instead to file a
petition in the juvenile court, if the minor is subsequently
found to be a person described in subdivision (a) of
Section 602, the minor shall be committed to placement
in a juvenile hall, ranch camp, forestry camp, boot camp,
or secure juvenile home pursuant to Section 730, or in any
institution operated by the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities.
(6) If, pursuant to this subdivision, the minor is found to
be not a fit and proper subject for juvenile court treatment
and is tried in a court of criminal jurisdiction and found
guilty by the trier of fact, the judge may commit the minor
to the Department of Corrections and Rehabilitation,
Division of Juvenile Facilities, in lieu of sentencing the
minor to the state prison, unless the limitations specified
in Section 1732.6 apply.
(e) A report submitted by a probation officer pursuant to
this section regarding the behavioral patterns and social
history of the minor being considered for a determination
of unfitness shall include any written or oral statement
offered by the victim, the victim’s parent or guardian if the
victim is a minor, or if the victim has died, the victim’s
next of kin, as authorized by subdivision (b) of
Section 656.2. Victims’ statements shall be considered by
the court to the extent they are relevant to the court’s
determination of unfitness.
SEC. 5. Amendment.
This act shall be broadly construed to accomplish its
purposes. The provisions of Sections 4.1 and 4.2 of this
act may be amended so long as such amendments are
consistent with and further the intent of this act by a
statute that is passed by a majority vote of the members of
each house of the Legislature and signed by the Governor.
SEC. 6. Severability.
If any provision of this act, or part of this act, or the
application of any provision or part to any person or
circumstances, is for any reason held to be invalid, the
remaining provisions, or applications of provisions, shall
not be affected, but shall remain in full force and effect,
and to this end the provisions of this act are severable.
SEC. 7. Conflicting Initiatives.
(a) In the event that this act and another act addressing
credits and parole eligibility for state prisoners or adult
court prosecution for juvenile defendants shall appear on
the same statewide ballot, the provisions of the other act
or acts shall be deemed to be in conflict with this act. In
the event that this act receives a greater number of
affirmative votes than an act deemed to be in conflict with
it, the provisions of this act shall prevail in their entirety,
and the other act or acts shall be null and void.
(A) The minor is alleged to have committed an offense
that if committed by an adult would be punishable by
death or imprisonment in the state prison for life.
(B) The minor is alleged to have personally used a firearm
during the commission or attempted commission of a
felony, as described in Section 12022.5 or 12022.53 of
the Penal Code.
(C) The minor is alleged to have committed an offense
listed in subdivision (b) in which any one or more of the
following circumstances apply:
(i) The minor has previously been found to be a person
described in Section 602 by reason of the commission of
an offense listed in subdivision (b).
(ii) The offense was committed for the benefit of, at the
direction of, or in association with any criminal street gang,
as defined in subdivision (f) of Section 186.22 of the
Penal Code, with the specific intent to promote, further, or
assist in criminal conduct by gang members.
(iii) The offense was committed for the purpose of
intimidating or interfering with any other person’s free
exercise or enjoyment of a right secured to him or her by
the Constitution or laws of this state or by the Constitution
or laws of the United States and because of the other
person’s race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation, or because the
minor perceives that the other person has one or more of
those characteristics, as described in Title 11.6
(commencing with Section 422.55) of Part 1 of the Penal
Code.
(iv) The victim of the offense was 65 years of age or older,
or blind, deaf, quadriplegic, paraplegic, developmentally
disabled, or confined to a wheelchair, and that disability
was known or reasonably should have been known to the
minor at the time of the commission of the offense.
(3) Except as provided in subdivision (b) of Section 602,
the district attorney or other appropriate prosecuting officer
may file an accusatory pleading in a court of criminal
jurisdiction against any minor 16 years of age or older who
is accused of committing one or more of the following
offenses, if the minor has previously been found to be a
person described in Section 602 by reason of the violation
of a felony offense, when he or she was 14 years of age or
older:
(A) A felony offense in which it is alleged that the victim
of the offense was 65 years of age or older, or blind, deaf,
quadriplegic, paraplegic, developmentally disabled, or
confined to a wheelchair, and that disability was known or
reasonably should have been known to the minor at the
time of the commission of the offense.
(B) A felony offense committed for the purposes of
intimidating or interfering with any other person’s free
exercise or enjoyment of a right secured to him or her by
the Constitution or laws of this state or by the Constitution
or laws of the United States and because of the other
person’s race, color, religion, ancestry, national origin,
disability, gender, or sexual orientation, or because the
minor perceived that the other person had one or more of
those characteristics, as described in Title 11.6
(commencing with Section 422.55) of Part 1 of the Penal
Code.
(C) The offense was committed for the benefit of, at the
direction of, or in association with any criminal street gang
as prohibited by Section 186.22 of the Penal Code.
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(b) If this act is approved by voters but superseded by law
by any other conflicting act approved by voters at the same
election, and the conflicting ballot act is later held invalid,
this act shall be self-executing and given full force and
effect.
SEC. 8. Proponent Standing.
Notwithstanding any other provision of law, if the State,
government agency, or any of its officials fail to defend the
constitutionality of this act, following its approval by the
voters, any other government employer, the proponent, or
in their absence, any citizen of this State shall have the
authority to intervene in any court action challenging the
constitutionality of this act for the purpose of defending its
constitutionality, whether such action is in any trial court,
on appeal, or on discretionary review by the Supreme Court
of California or the Supreme Court of the United States.
The reasonable fees and costs of defending the action
shall be a charge on funds appropriated to the Department
of Justice, which shall be satisfied promptly.
SEC. 9. Liberal Construction.
This act shall be liberally construed to effectuate its
purposes.
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