CDCR has amended Proposition 57 regulations following the public comment period, receiving over 41,000 comments from 12,000 individuals. The majority of commemnts called for retroactive credit earning, inclusion of Third Strikers in non-violent early parole consideration, and credits to apply to the timing of a youth offender hearing before the Board of Parole Hearings. The amended Prop 57 regulations are below, thought they fail to address the above requests.
Update: Public Comment Period for Amended Regulations Now Open
Submission of Public Comments
The comment period for these changes will close on December 26, 2017. Please submit comments by e-mail to CDCR-Prop57-Comments@cdcr.ca.gov; in writing to the department’s “contact person” at the address below or by fax to (916) 324-6075, before the close of the public comment period. Comments must be received or postmarked no later than 5:00 p.m. on December 26, 2017. Only those comments relating directly to the amendments that are indicated by double underline or double strikethrough will be considered.
Inquiries regarding this notice should be directed to Timothy M. Lockwood, Associate Director, Regulation and Policy Management Branch, California Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, CA 94283‑0001, by telephone at (916) 445-2269 or e-mail at CDCR-Prop57-Comments@cdcr.ca.gov. In the event the contact person is unavailable, inquiries should be directed to Correctional Counselor Specialist II, Laura Lomonaco, at (916) 445-2217.
November 29, 2017 (916) 445-4950
CDCR Issues Amended Proposition 57 Regulations
SACRAMENTO – Today, the California Department of Corrections and Rehabilitation (CDCR) published a re-notice of the Proposition 57 regulations. The public will be given a 15-day period to submit comments on these revisions.
The revised regulations are the result of a previous public comment period. The Office of Administrative Law (OAL) had approved emergency regulations for Proposition 57 in April. CDCR received comments from approximately 12,000 individuals earlier this year, and the department has worked diligently to prepare responses to these comments, which will be provided to OAL in a final statement of reasons, per the Administrative Procedure Act (APA) process.
“Our decisions were not made lightly nor were they made in a vacuum. CDCR heard arguments representing a wide range of views, and concluded that many of the suggested changes would be contrary to existing law or would result in disparate treatment of inmates,” said CDCR Secretary Scott Kernan. “Our intent is to incentivize inmates to participate in rehabilitative and self-help programs that will make them better individuals, and to do so in a way that enhances public safety. I remain committed to putting in place a fair credit system that acknowledges good behavior and hard work.”
In the re-noticed regulations, credit-earning opportunities continue to be awarded prospectively (except for the Educational Merit Credits) to inmates for good behavior and successful program participation and completion, since inmate participation and documentation of programming was not uniform prior to Proposition 57. In addition, Third-Strike inmates will not be included in the nonviolent offender parole review process.
The Proposition 57 regulations include an increase in credit-earning opportunities for inmate participation in in-prison programs and activities, as well as parole consideration for nonviolent offenders once they have served the full-term of their primary offense. The emergency regulations approved in the spring have allowed CDCR to fully implement the provisions of the proposition, including the expansion of the Good Conduct Credits, which began on May 1, 2017; the nonviolent offender parole review process on July 1, 2017; and the credit-earning opportunities for Milestone Completion, Rehabilitative Achievement, Educational Merit, and Extraordinary Conduct, which went into effect on August 1, 2017.
The revised text of the regulations codifies the historic reform overwhelmingly passed by voters in November 2016 and gives inmates a strong incentive to participate in and complete rehabilitative programs. Furthermore, the most dangerous offenders remain in prison; taxpayer dollars are spent as prudently as possible; and we avoid the release of offenders by the court due to the federally-imposed population cap on CDCR.
Proposition 57 does not apply to condemned inmates and those serving life-without-the-possibility-of-parole sentences.
Read the Proposition 57 revised regulations, as well as responses to the top issues raised during the public comment period.
For more information, visit www.cdcr.ca.gov/proposition57.
Contact: Vicky Waters, (916) 445-4950
Sara Sindija is the Deputy Director of Re:store Justice. She oversees programs and communications with partner organizations, schools, and state and local government. Approaching incarceration and reform through a human rights lens, she has worked directly with affected populations for more trauma-informed policy and programs.