Justice reform continued to take shape out West as Utah became the first Republican-led state to implement Prosecutor-Initiated Resentencing.

“A prosecutor has a vested interest to make certain that anyone released under their authority does not reoffend. Who better to make sure there is not a mistake in judgment?” said San Quentin resident Andrew Kramer.

In 2018, For the People crafted a law, the first of its kind, AB 2942. The nonprofit has worked with about 60 prosecutors around the nation to resentence more than 1,000 people.

“As a former U.S. Attorney for the District of Utah, I understand firsthand the weight of a prosecutor’s discretion and the long-term consequences of sentencing decisions,” Brett Tolman, Executive director of Right on Crime said. “[PIR] ensures our system is not only tough but also fair – empowering prosecutors to correct excessive or outdated sentences when appropriate. Supporting this tool strengthens both public safety and the integrity of our justice system.”

Resentencing considers victims’ input, the person’s past, the crime, reentry plans, and outdated laws. PIR is a mechanism embedded in accountability, justice and fairness for victims, survivors, and offenders, according to Rand.org.

The article stated that prosecutors, in the interest of justice, can petition to the county court of conviction if, based on new laws and an indication that the incarcerated person no longer poses a threat to public safety, they may be resentenced.

Kramer said, in his opinion he believes the rehabilitative process is thorough and comprehensive. He said California’s number one factor is whether or not the individual poses a current risk of violence, so those in authority are intimately familiar with the facts of individual cases and are in the best position for vetting suitability.

“Nothing can replace the loss of a loved one. There may never be adequate justice or satisfaction for the victim,” Kramer said.

Similar to California, the parole board evaluation is conducted through a review of the individual’s carceral history, behavior while incarcerated, and reentry plans. Victims have the opportunity to participate in the process.

Kramer said a liaison who can attest to an incarcerated individual’s character and work can establish a plan and goals that can help a person get recommended for resentencing.

The five other states that have implemented PIR are California, Washington, Oregon, Illinois, and Minnesota. Overall, there have been more than 850 PIRs. California has instituted 227 PIRs, 174 of those in 2024. In 2023, incarcerated Californians resentenced under PIR recidivated at a rate of 12%. Nearly 80% of persons resentenced had committed crimes of robbery, assault, battery, and over 85% were sentenced to excessive terms through enhancements of prior terms, according to Rand.org.

Criminal Justice nonprofits Right on Crime and For the People worked collaboratively with lawmakers and state officials in Utah to give preference solely to the prosecutors who brought the charges. PIR is in line with conservative principles of limited government, fiscal responsibility, and safer communities. Right on Crime stated that resource allocation can free up space and funds for individuals who pose a danger to the public.

“Tons of financial resources and man power goes to the carceral system. By reducing the incarcerated population the focus can shift toward preventing crime and making the communities safer,” Kramer said.