By now, you've probably seen your fair share of advertisements advocating both for and against Proposition 57. On one side, Governor Jerry Brown, the California Democratic Party, the ACLU and a litany of civil liberties and prison advocacy groups argue that Prop. 57 would reform an overburdened and overcrowded state criminal justice system. On the other side, many law enforcement groups, the California District Attorneys Association and several other interests argue that, if passed, Prop. 57 would lead the state's prisons to release dangerous criminals.

Technically, Proposition 57 modifies state law in two ways. The first is a relatively straightforward attempt to undo a 16-year-old error California voters made back in 2000, when they passed Proposition 21. Prop. 21 modified state criminal proceedings to allow prosecutors, not judges, to decide whether or not a a minor (as young as 14) would be tried in criminal court as a juvenile or as an adult. Until 2000, that power rested with judges alone.

Since 2003, Human Rights Watch reports that more than 10,000 minors have been tried as adults in California. Of these, approximately 7,200 were filed directly by county prosecutors, without any oversight from a judge. Prop. 57 would return the power to decide whether or not someone who is younger than 18 should be tried as an adult back to judges alone. Prosecutors may still make an argument that a defendant should be tried as an adult, but the decision to do so will ultimately rest with the judge.

The second component of Prop. 57 is more complicated, and concerns modifying the way prisoners in California can apply for parole and release. In short, Prop. 57 allows non-violent but felonious prisoners who have completed the "base" sentence for the crime they committed under California law to apply for parole. Often when people are sentenced to lengthy prison terms, their sentence is affected by extra provisions intended to complement the base term. People can get extra time if they have prior convictions, are affiliated with a gang, etc.—things that have nothing to do with the crime that was actually committed.

Prop. 57 would also allow inmates to earn good-behavior credits by participating in rehabilitation programs operated by the state corrections department, or through educational achievements.

The end goal of Prop. 57 is to reduce the number of people in California's overcrowded prison system, in accordance with a 2011 Supreme Court decision that said the state's packed prisons were a violation of the U.S. Constitution's 8th Amendment (no cruel and unusual punishment). Proponents of Prop. 57 say that, by allowing non-violent felons a better chance at parole, the ballot measure will help California achieve its goal of reducing its prison population.

Opponents, however, balk at the claim that Prop. 57 applies to just "non-violent" prisoners. They argue that Prop. 57's wording would allow criminals like sex offenders and human traffickers a better chance to go free. They also argue that the measure will increase crime, as fewer people will be kept behind bars.

It's critical, however, to remember that once a person becomes eligible for parole, they are not simply released "into your neighborhood" (as opponents argue). For someone to be released, they still need go though an appeals process and before a panel of judges to make the case that they are not a threat. Sex offenders are also explicitly prohibited from any of California's early release programs, including those that would be implemented under Prop. 57. 

Contact the author of this article or email tips@laist.com with further questions, comments or tips.

支持率64% 加州警检方眼中30年来最糟提案通过

世界日报  2016-11-09

让加州不少华裔民众及检警部门屏气观望的第57号提案，暂时以超过67%的支持优势领先。如果按此趋势，被加州警检部门称为「加州30年来最糟糕的提案」，最终可能通过，成为加州新法。

截至9日凌晨，57号提案共开出19.13%的选票，其中赞成该提案的67.46%，反对票32.54%。虽然目前开出的只是不到五分之一的选票，但赞成票已超过反对了的一倍。如照此趋势没有意外，57号提案很可能获得通过。

57号提案，即「刑事判决未成年人刑事诉讼和量刑」，又名「公共安全和改过法案」。该项提案修正加州宪法和刑法，推动刑法改革，扩大假释犯和轻罚少年犯。但司法界担忧，更多囚犯提前出狱，必将导致社区治安恶化。 洛杉矶县警察联盟主席BrianMoriguchi表示，两年前加州选民通过的47号提案，已让加州饱尝犯罪率大幅上升苦头，57号提案无疑会让加州的犯罪率雪上加霜。洛杉矶检察官联合会会长MicheleHanisee直言，57号提案将是加州30年来最糟糕的公共安全提案。

包括圣盖博市长廖钦和、圣玛利诺副市长孙国泰、核桃市长秦振国等华裔民选官员，都对57号提案的通过感到担忧。孙国泰表示，他非常担心57号提案让已被47号提案搞得人心惶惶的社区，更加不得安宁。他和很多当地居民一样，一向以质量优良社区环境和极低的犯罪率感到自豪，「但现在，治安从来没有这么差过」。他表示，自己在圣玛利诺居住36年，从来没有看过这两年这么多的社区犯罪。

秦振国表示，57号提案没有明确列出什么样的犯罪，将可变成轻罪而可以提前获得释放，这可能是支持者众多的原因，如果57号提案最后导致像47号提案那样甚至更超过的结局，真是选民的悲哀。

California Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements (2016)

Election results

This ballot measure article has preliminary election results. Certified election results will be added as soon as they are made available by the state or county election office. The following totals are as of 100 percent of precincts reporting. For more ballot measure results, click here.

Proposition 57
Result		Votes	Percentage
Yes		5,501,627	63.59%
No		3,150,477	36.41%

Election results from California Secretary of State

Overview

Criminal justice in California

In 2011, the United States Supreme Court ruled that California's prisons were overcrowded and violated the Eighth Amendment. The state was ordered to reduce its prison population. Prison numbers dropped after voters approvedProposition 47 in 2014, which reduced certain nonviolent felonies to misdemeanors and gave more inmates a higher chance for parole consideration. Proposition 57 was also designed to lower prison population numbers.^[1]

Changes to state law

Proposition 57 increased parole chances for felons convicted of nonviolent crimes and give them more opportunities to earn credits for good behavior. It also allowed judges, not prosecutors, to decide whether to try certain juveniles as adults in court.^[2]

State of the ballot measure campaigns

Californians for Public Safety and Rehabilitation, the campaign supporting Proposition 57, outraised opponents 11 to one. As of November 3, 2016, supporters had received $14.94 million, while No on 57 had raised $1.39 million. Gov. Jerry Brown (D) was a strong supporter of the measure, and his ballot measure committee was responsible for 40 percent of the "Yes" campaign’s contributions. The California Democratic Party favored Proposition 57, and the California Republican Party opposed it. Polls indicated that around 64 percent of voters supported the initiative.

Initiative design

How would the inmate releases work?

Those convicted of nonviolent felony crimes who have served full sentences for their primary offense and passed screening for public security will be eligible for parole. That makes about 7,000 inmates immediately eligible, according toThe Associated Press.^[3]

Prison numbers dropped after California voters approved Proposition 47 in 2014, which reduced nonviolent, nonserious crimes to misdemeanors and gave more inmates a higher chance for parole consideration. Proposition 57 was partly another response to the 2009 federal order mandating that California reduce its prison population numbers.^[1]

Additionally, Proposition 57 allowed inmates to earn credits for good behavior and educational or rehabilitative achievements. "Its essence is to provide an incentive," said Gov. Jerry Brown (D), who spearheaded the campaign.^[2][1]Inmates use credits to reduce time spent in prison.

How many inmates will be affected by the initiative?

As of the beginning of 2016, there were about 25,000 nonviolent state felons that could seek early release and parole under Proposition 57.^[4]

How will juvenile trials change?

Instead of prosecutors, judges will decide whether to try juveniles as young as 14 years old in adult court. Prosecutors were given the right to directly file charges against juvenile offenders in adult court when voters approved Proposition 21 in 2000.^[1]

Text of measure

Ballot title

The ballot title for this measure was as follows:^[5]

Ballot summary

The long-form ballot summary was as follows:^[7]

The shorter ballot label summary was as follows:^[7]

The long-form, official ballot summary for Proposition 57 was identical to the initial summary provided to initiative proponents for the purpose of circulating the initiative for signature collection.

Fiscal impact

The fiscal impact statement for this initiative was:^[5][7]

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance.

Full text

The full text of the measure could be found here.

Constitutional changes

Proposition 57 added a Section 32 to Article I of the California Constitution to read as follows:^[7]|