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Jordan08

Proposition 57

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Does anyone out there know if Proposition 57 passes will inmates with a strike enhancements be eligible. And are there any lawyers out there that I can contact for information? The person is serving time for auto theft & illegal use of credit cards.

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Hi @Jordan08

 

The language of Proposition 57 states that any person convicted of a "nonviolent offense" qualifies, but it does not specifically mention the impact of strike enhancements. That being said, if you wish to speak to a criminal attorney about the issue, you can click here or use the FindLaw Lawyer Directory to search for California attorneys.

 

The FindLaw.com Team

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Everything you need to know about Proposition 57 (and any of the other ballot initiatives) can be found at the Secretary of State's web site, and I strongly urge you to read the text of all proposed initiatives (and to disregard any advertising you are hearing on either side of any of them).  By doing a text search, you can see that the text of the proposed law that Proposition 57 would enact does not mention anything about strikes (as the moderator noted).

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6 hours ago, FindLaw_RE said:

The language of Proposition 57 states that any person convicted of a "nonviolent offense" qualifies, but it does not specifically mention the impact of strike enhancements.

Under the text of the proposed legislation, "Any person convicted of a non-violent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense." With regard to how strikes effect it "the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, "excluding the imposition of an enhancement, consecutive sentence,or alternative sentence."   So if you are now incarcerated for a non-violent or non-sex offense felony but have a prior strike conviction, you will be eligible for parole when you have completed your sentence for the current offense.  This is basically building on Prop 36 which changed the 3 strikes law to require the new offense to be a violent or serious felony before those sentencing provisions applied. 

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