The Role of Second Look Policies in Reforming California’s Approach to Incarceration

By ALISSA SKOG AND JOHANNA LACOE 

Over the past 13 years, California has implemented numerous criminal justice reforms aimed at reducing prison sentences, limiting the use of sentencing enhancements, and shrinking the state’s prison population . Many of these reforms include “second look” provisions, allowing courts to review older sentences in light of new policies, and where appropriate, apply new laws retroactively . The efforts reflect a broader shift toward proportional sentencing, rehabilitation, and more equitable sentences . California’s resentencing policies are wide-ranging, affecting individuals serving sentences for both low-level, non-violent offenses and violent felony convictions with lengthy terms . To date, approximately 11,900 people have been resentenced under these laws . This research provides the first in-depth look at who is affected by these reforms and their recidivism rates . In this report and a series of accompanying policy briefs, we examine five of the most prominent resentencing policies enacted between 2012 and 2022 (Figure 1) . We present the number of people released from California Department of Corrections and Rehabilitation (CDCR) custody under each reform, their demographic and case characteristics, and their recidivism rates . For context, we also provide summary statistics and recidivism rates for all individuals released from CDCR custody in fiscal year 2018–19