In the last 12 years, California has passed numerous criminal justice reform laws to reduce the prison population through resentencing. For decades, the only way to release an individual sentenced to life in prison was through the direct appeal process, newly discovered evidence, or a Board of Parole hearing.

Research from CalMatters reveals that over the past decade, California’s prison population has significantly declined from roughly 170,000 people to 90,000 as of December 2024. 

California’s efforts to reform its criminal justice system were spearheaded by former Gov. Jerry Brown between 2012 and 2022. Following in his footsteps, Gov. Gavin Newsom has continued efforts aimed at resentencing reform for prisoners serving long-term sentences.

“The data shows that the policies have been largely successful at reducing the prison population without increasing risks in public safety and can serve as a blueprint for future changes,” said Tom Nosewicz, legal director of the California Policy Lab, a legal and policy research institute at UC Berkeley.

Proposition 36, passed in 2012, granted relief to individuals serving life sentences. Prop. 36 gave incarcerated people, sentenced under the Three Strikes Law for “non-violent, non-serious” crimes, the opportunity to petition the courts for resentencing. 

Resident Michael Beard, 67, has served over 31 years for a non-violent Three Strike offence. He didn’t hear of Proposition 36 until 2026.

“I never heard of Prop. 36. This is my first time hearing about this, and my case is non-violent.” said Beard.

Approximately 2,200 people have been released under Proposition 36. Nearly half of those released are Black and over age 50, according to CalMatters. 

The implementation of Proposition 47 in 2014 afforded people convicted of petty theft and lower drug offences an opportunity to petition the court for resentencing. However, in 2024, voters elected to lengthen the potential sentences for certain theft and drug offenses, according to Cal Matters. To date, Proposition 47 has the highest release and recidivism rates.

In 2018, the passing of Assembly Bill 1437, also known as the Felony Murder Rule, challenged prosecutorial authority to charge a person with felony murder if the defendant was not the shooter during the commission of the offense. The bill opened the door for individuals to seek possible resentencing.

Many of the people directly impacted by the Felony Murder Rule are African Americans, half of whom were 21 years and older at the time of their arrest, serving 14–15 years in prison as a first time offender.

San Quentin resident Alfred Hayes was arrested at 18 years old for robbery murder and was charged with second degree murder. According to Hayes, he admitted to a detective that his intention was to commit a robbery, not to kill. In the middle of a struggle between Hayes and the robbery victim, Hayes’ firearm went off, inadvertently killing the man.

“I pistol whipped him and the gun went off. I didn’t want to kill him.” said Hayes.

His appeal was denied under the Felony Murder Rule. The court did not prove malice and intent, which is required by the Felony Murder Rule, Hayes stated.

Incarcerated women made up 11 percent of the people being resentenced and released under the same rule. People released under the Felony Murder Rule had a recidivism rate of three percent in the first year of its passage and seven percent in the second year.

In 2018, the California Department of Corrections and Rehabilitation implemented a new policy under Penal Code 1170(d), allowing any staff member to advocate for any inmate with certain case factors and displaying exceptional conduct while incarcerated by writing a letter of recommendation for resentencing to the facility’s warden. 

After the warden’s approval, the final decision is made by the Secretary of CDCR. CalMatters reported that CDCR recommended over 2,200 incarcerated people for resentencing under 1170(d). Of those recommended, 786 resulted in denials. 

“Long sentences do not contribute to improving public safety. There’s just a certain point where we’re warehousing people and using taxpayer dollars in the way that’s proven to be unproductive,” said State Senator Nancy Skinner.  

Approximately 12,000 individuals have been resentenced under all five policies, 9,500 of whom were released from prison. African American and Latinos have benefited the most from the resentencing laws, as they tend to be charged more severely than other groups.

In 2020, the California legislature created the Committee on Revision of the Penal Code. A combination of teachers and lawmakers made up most of the groups fighting for policy reform.  The committee collaborated with the California Policy Lab.

The new laws have “helped reduce our prison population, but of course, it’s a drop in the bucket,” said Nosewicz.

“That’s why I think it’s important to show how we can expand some of these opportunities and show ways that have worked and ways they haven’t.”