- “People resentenced and released under these policies had very low rates of new serious and violent offenses.” – Alissa Skog, researcher at the California Policy Lab
BERKELEY, CA – A new series of reports from the California Policy Lab and the Committee on Revision of the Penal Code provides the most comprehensive evidence to date on how California’s “second look” resentencing reforms have reshaped the state’s criminal legal system.
The findings show that people released under these policies have low rates of reoffending, especially those who had served long prison terms before release.
Since 2012, nearly 12,000 people have been resentenced under these reforms, and approximately 9,500 of them were released from state prison. These policies span a wide range of legal changes, affecting people serving sentences for both lower-level nonviolent offenses and serious felony convictions with lengthy terms.
The study is the first to pull together statewide data to examine who has benefited from these resentencing laws and how they fared after leaving prison.
The research reviewed five major resentencing policies enacted between 2012 and 2022. Proposition 36, passed by voters in 2012, allowed people serving life sentences under the Three Strikes law for a non-serious, non-violent third strike to petition for resentencing. Proposition 47 in 2014 reclassified many low-level drug and property offenses as misdemeanors and permitted those incarcerated for such crimes to seek resentencing.
In 2018, California enacted felony murder reform through SB 1437, later expanded by SB 775 in 2022, which narrowed accomplice liability doctrines that had allowed murder convictions for individuals who did not commit or intend to commit a killing.
In 2018, the California Department of Corrections and Rehabilitation (CDCR) also began initiating resentencing referrals for individuals whose cases reflected sentencing errors, changes in law, or exceptional conduct while in prison.
Finally, SB 483, enacted in 2022, retroactively eliminated certain drug and prison term enhancements, allowing judges to reduce sentences tied to those penalties.
Together, these reforms account for nearly one-quarter of all CDCR releases in some years. Many of those released were older people who had already served a decade or more behind bars.
The data show that long-serving individuals released under these policies had remarkably low recidivism rates. Among those resentenced under felony murder reform, Proposition 36, or CDCR-initiated resentencing, only 3% to 8% were convicted of any new offense within one year of release.
Fewer than one percent—fewer than five individuals—were convicted of a new serious or violent felony during that time.
By contrast, people resentenced under Proposition 47, who typically served shorter sentences for drug and property crimes, had higher rates of new convictions.
Twenty-nine percent were convicted of a new offense within one year, and, within three years, 57% had a new conviction. Still, most of these new convictions were for misdemeanors rather than serious or violent crimes.
“People resentenced and released under these policies had very low rates of new serious and violent offenses,” said Alissa Skog, a researcher at the California Policy Lab and co-author of the report. “Across all policies, fewer than 2% of people were convicted of a new serious or violent offense within one year, and for Prop 36 and Prop 47, the policies that were enacted first, less than 5% were convicted of a new serious or violent felony within three years.”
The research also highlights how demographic patterns shifted under these reforms. Nearly 60% of people released under second look resentencing laws were 40 or older at the time of release, compared to only 34% of the total prison population released in a typical year. Women made up 11% of those released under felony murder reform, a larger share than in the overall release population, where women accounted for about 7%. In contrast, women represented less than 2% of those resentenced under Proposition 36 and SB 483.
Racial disparities also emerged in the data. Black people made up a disproportionate share of those resentenced under Proposition 36 and felony murder reform, accounting for 46% and 41% of releases under those policies, compared to 24% of total releases. Hispanic people comprised a smaller share under these policies compared to their overall representation in prison releases, while white people represented about one-third of those resentenced under Proposition 47 and just under 10% of those resentenced under felony murder reform.
Thomas Nosewicz, legal director of the Committee on Revision of the Penal Code, said the research should guide future policymaking.
“This ground-breaking research is the first time that data has been used to show the results of California’s most prominent resentencing laws,” Nosewicz said. “The results offer a blueprint for future policies and show that resentencing—particularly of older people who have served long sentences—can both protect public safety and save the state money by reducing unnecessary incarceration.”
The findings reinforce long-standing research on the relationship between age, length of incarceration, and public safety. Criminologists have long noted that people are less likely to commit crimes as they age, and incarceration of older individuals is far more expensive due to health care needs.
The report points out that the median prison stay before release under Proposition 36, felony murder reform, and CDCR-initiated resentencing was between 12 and 16 years. Many of these individuals were in their fifties or sixties when released. By comparison, those released under Proposition 47 often had served less than two years and were younger, with nearly half under age 40 at release.
When compared to California’s overall prison release population, people released under second look resentencing generally had better outcomes. The state’s benchmark report for fiscal year 2018–19 showed that 21% of all people released from prison had a new conviction within one year, 33% within two years, and 42% within three years.
By contrast, individuals released under Proposition 36 and felony murder reform had lower conviction rates across the board, while Proposition 47 releases had higher rates of new convictions than the total release population.
The studies also looked at returns to custody. Across the resentencing policies, fewer than 9% of people returned to CDCR custody within one year, and very few returned for a new serious or violent felony. Arrest data showed similar patterns, with low rates of serious reoffending for those released under Proposition 36, felony murder reform, and CDCR-initiated resentencing.
The reports stress that while Proposition 47 releases had higher overall recidivism rates, these were overwhelmingly misdemeanors, and the law significantly reduced incarceration for lower-level drug and property crimes. Proposition 47 also required counties to redirect savings from reduced incarceration into treatment and rehabilitation programs aimed at reducing recidivism.
The authors argue that second look policies address not only overcrowding and costs but also fairness in sentencing. When reforms apply only to future cases, people sentenced under older, harsher laws end up serving far longer terms than those convicted later of the same crimes. Resentencing helps correct this imbalance by ensuring that punishments align with current standards.
The release of these reports comes as California continues to grapple with how to balance public safety, fiscal responsibility, and fairness in sentencing. The state’s prison system has long faced criticism for overcrowding, rising costs, and the disproportionate incarceration of people of color.
The U.S. Supreme Court’s 2011 decision in Brown v. Plata forced California to reduce its prison population by tens of thousands to address unconstitutional conditions. Since then, the state has pursued a series of reforms that have contributed to a steady decline in the prison population.
This new analysis shows that second look policies have been a major part of that effort. They have provided a path home for thousands of people serving outdated or excessive sentences, with data showing that most return to their communities without committing new serious crimes.
Resentencing is not only consistent with public safety but can also reduce prison costs and help correct longstanding inequities in the justice system.
The reports conclude that expanding these policies further—particularly for older individuals who have already served decades in prison—could continue to advance these goals while ensuring California does not return to the era of overcrowded prisons.
“These findings show that California’s second look policies have safely reduced incarceration by shortening sentences that were longer than necessary, particularly for older individuals who had already served lengthy terms,” the reports conclude.
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