6 FAQs on Proposition 57 Non-Violent Parole Process

by Michael Beckman California Board of Parole Hearings

1.What is the Proposition 57 nonviolent parole process?

When California voters passed Proposition 57, it authorized the California Department of Corrections and Rehabilitation (CDCR) to work with the Board of Parole Hearings (Board) to build laws that generate parole, a considered method for nonviolent offenders who have served the full course of their basic offense in state prison.

2. What is the nonviolent parole process for determinately-sentenced?

When nonviolent criminals have fulfilled maximum terms of imprisonment ordered by a court for any offense, except for the application of an augmentation, repeated sentence, or substitute punishment, they have served the entire term of their primary offense.

3. Does the nonviolent parole evaluation procedure cover nonviolent Third Strike Offenders?

Life with parole criminals was removed from the nonviolent parole evaluation process after the Proposition 57 regulations were passed. This exemption was legally challenged, and the CDCR filed recommended emergency guidelines to provide parole consideration for both indeterminately-sentenced and determinately-sentenced nonviolent Third Strikers.

4. How are offenders who have received a determinate sentence presented to the Board?

If an inmate is determined to be a qualified determinately-sentenced nonviolent offender, he or she’ll be presented to the Board for parole consideration 35 days before their Nonviolent Parole Eligible Date (NPED), if they’re within 180 days of their Earliest Possible Release Date, are qualified to contact with a youthful offender parole lawyer for proceedings within a year or are eligible to participate in the elderly parole program.

5. How are qualified offenders serving indeterminate sentences referred to the Board?

However, if they’ve already been anticipated for a parole hearing or will be qualified for a parole hearing within the next 12 months under either provision of law, indefinitely sentenced nonviolent offenders who are eligible for parole consideration under Proposition 57 will be presented to the Board for a parole hearing 180 days earlier to their NPED.

6. What is the procedure for notifying inmates?

Eligible offenders are fully informed about the nonviolent offender parole procedure if they’re presented to the Board. Determinately-sentenced offenders will be informed of their right to make a signed notice to the Board. Indeterminately-sentenced inmates will be advised of their rights during the parole hearing procedure, including their access to a Prop 57 parole attorney and the ability to attend.

Petition for Compassionate Release

If your loved one is currently spending time in prison or jail, it may be feasible to have them released soon.

This is accomplished through compassionate release process, often termed as "sentence recall." Compassionate release lawyers can assist in the imminent release of anyone from jail or prison for health or moral reasons.