This article will deal with some of the changes to the law brought about by prop 57. This article will deal with the subject broadly and is not meant as legal advice if you have any questions after reading this article give us a call at 559 441-1418.
WHAT IS PROP 57 AND HOW DOES IT CHANGE THE LAW?
Under the terms of prop 57 the California Department of Corrections and Rehabilitation must allow defendants convictied of certain non-violent offenses to be considered for parole upon completion of the primary offense without the enhancement portions of their offense. No longer do offenders have to serve there enhanced portion of there sentence.
Also, prop 57 changed the way someoene would have to serve there sentence. And the time credits allowed for a speicific crime. The department of Corrections has the descretion to move up the parole date on someone by granting them more time credits. The way the law stood before the department was limited in the way they could reward tim credits and good time work time.
HOW DID PROP 57 AFFECT JUVENILE COURT?
Prop 57 effectively repealed Prop 21, which allowed for the direct-file of of juvenile offenders in teh adult criminal justic system. Under prop 57 the Judge retains the sole discretion as to whether a juvenile will be kept in the Juvenile Justice system or in the adult system. Under the old law prop 21 that was a decision made by the District Attorneys.
Most ot the sweeping changes of prop 57 deal with the incarceration of violent offenders but the difference if with the juvenile justice system. Now a minor must be over the age of 16 to be given what is referred to as a transfer hearing. A Transfer hearing is the hearing where the Judge decides whether the minor will be treated at the Juvenile level or he or she will be transferred to the adult court system. In addition, there is no longer a presumption that if the minor committed or is alleged to have committed certain offenses he was presumbed to be ineligible for juvenile treatment and the burden switched to defense to prove that he was treateble at the juvenile level. This has now changed and is no longer the law. Now there is no presumption and the Judge makes a determination based upon the preponderance of evidence shown in a transfer hearing.
Many Attorneys feel it is very limited what they are allowed to show at that hearing. This is actually not true.
An Attorney now under prop 57 can argue among other things the sophistication or lack of sophistication of the minor and the ability to rehabiliitate the minor at the Juvenil level. This gives the Attorney broad latittude to argue the facts in the underlying case that show lack of sophisticiation and that the minor can be rehabilitated in the juvenile system.
As you can see prop 57 is a broad law with sweeping changes to many different parts of the law including non-violent offenders and Juveniles and transfer hearings as well as the way in which custidy credits are counted at the incarceration level. If after reading this artice you still have questions feel free to give us a call. As an Attorney with more than 18 years of experience handling all levels of cases I have the know how to help you with your case. Give us a call at 559 441-1418. And we can help you with your case by giving you a free case evaluation and see what we can do to help you get through this part of your life, or the life of a loved one who is facing charges in California.
