Proposition 57, The Public Safety and Rehabilitation Act of 2016


In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent federal courts from releasing inmates.

Under Proposition 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Proposition 57 also moves up parole consideration of nonviolent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.

Final Proposition 57 regulations were approved for permanent adoption by the Office of Administrative Law (OAL) and filed with the Secretary of State’s Office on May 1, 2018.

On December 11, 2018. CDCR filed emergency regulations with the Office of Administrative Law (OAL) to expand nonviolent offender parole consideration under Proposition 57 to indeterminately sentenced nonviolent offenders (nonviolent Third Strikers). Proposition 57 regulations did not include offenders with life with parole sentences from the nonviolent parole process. This exclusion was challenged in court, and on September 7, 2018, the Second District Court of Appeals ordered the department to amend the regulations. The public will have an opportunity to submit comment and attend a public hearing during the permanent rulemaking process, which will follow the emergency rule making process. Please see the OAL website for more information.