California Department of Corrections and Rehabilitation-Initiated Resentencing

By ALISSA SKOG AND JOHANNA LACOE 

Research series examining second look policies in California The five policy briefs and overview report in this series describe the characteristics and recidivism rates of individuals affected by second look policies in California. Committee on Revision of the Penal Code In 2018, the California Department of Corrections and Rehabilitation (CDCR) implemented a new process to identify and refer incarcerated people for resentencing under Penal Code § 1172.1 (then codified as § 1170(d)). This initiative aimed to reduce sentencing disparities and recognize rehabilitation during incarceration. Though prosecutors and courts can also initiate resentencing under this law, this data is not tracked statewide and not included in this analysis. Under this process, CDCR can recommend that a person’s sentence be recalled and modified based on specific criteria: changes in sentencing laws, exceptional conduct while incarcerated, or requests from law enforcement or judicial officials. Staff from CDCR's case records department typically refer people due to legal changes affecting their sentence, while CDCR staff who have direct knowledge of a person’s conduct may request that a warden evaluate the case for an exceptional conduct recommendation. All referrals are reviewed by the CDCR Secretary, who decides whether to forward them to the sentencing court for possible resentencing. This brief examines CDCR-initiated resentencing referrals, the individuals resentenced, the offenses for which they were originally convicted, and their recidivism rates following release. Key findings • Since 2018, the CDCR Secretary has referred more than 2,200 people for resentencing More than half of these referrals occurred within the first two years of the policy going into effect. • However, fewer than half of those referred by the CDCR Secretary were granted resentencing. As of December 2024, 47% of individuals referred by the Secretary had been resentenced, while 786 cases were denied. • Most people were resentenced based on changes in sentencing laws. Among those released, 84% were resentenced due to changes in the law, while 16% were resentenced for demonstrating exceptional conduct during incarceration.• Women made up a larger share of those resentenced for exceptional conduct compared to their share of the incarcerated population. Women made up 17% of exceptional-conduct resentencings, which is more than twice their share of total releases (7%) and triple their share (5%) under sentencing-law resentencings. • New conviction rates were low among those resentenced and released. Within one year, 4% of people released through CDCR-initiated resentencing were convicted of a new offense, compared to 21% of total releases. Three-year rates are similarly lower, though we can only show three-year outcomes for 39% of these individuals. • Only five people resentenced for exceptional conduct were convicted of a new offense within three years. Of the 93 people resentenced for exceptional conduct who can be observed three years post release, none were convicted of a new serious or violent felony during that time.