Prop. 36 Will:

  • ELIMINATE unintended and ineffective life sentences currently imposed for nonviolent, non-serious crimes
  • RESTORE the original intent and core purpose of the Three Strikes law: to keep dangerous and violent criminals behind bars.
  • SAVE $100 million per year to fund schools, prevent crime, and decrease the need for tax increases.

For Relief Under Prop. 36:

We are working closely with Public Defender offices and other service providers throughout the state to provide the best possible assistance for anyone eligible for relief under Prop. 36.

Click here for resources.

Why We Won

How Counties Save By Reforming Nonviolent Three Strikes Sentences

California’s Three Strikes law was designed to incapacitate repeat offenders through long prison terms, including life sentences after a third qualifying conviction. That approach reflected a legitimate public-safety concern: people with serious and violent histories can pose a substantial risk to their communities. The fiscal question becomes more complicated when the third strike is nonviolent, such as a forgery, drug, or property offense.

For county governments, the cost of these sentences is easy to overlook. Counties may not pay the full daily expense of a state prison bed, yet they still absorb costs connected to criminal courts, public defense, local law enforcement, probation, jail detention, victim services, and the economic effects of keeping people incarcerated for decades. Reform can shift resources toward higher-risk cases and reduce spending tied to low-risk, aging prisoners.

Proposition 36, the reform associated with the Committee for Three Strikes Reform, sought to preserve severe consequences for dangerous criminals while ending life sentences for many people whose third offense was neither serious nor violent. The fiscal case rests on careful targeting: reserve the most expensive and restrictive punishments for individuals who present the greatest danger.

Why a prison sentence becomes a county budget issue

California counties generally operate jails, trial courts, district attorney offices, public defender systems, probation departments, and local behavioral-health programs. The state operates its prison system, so a county may initially view a long state sentence as someone else’s expense. That narrow view misses the costs incurred before and around imprisonment.

A third-strike case can require additional investigation, courtroom time, expert services, appointed counsel, transportation, records management, and victim notification. A lengthy sentence also creates repeated administrative work over many years, including appeals, parole-related proceedings, resentencing petitions, medical coordination, and records reviews. These expenses may be spread across agencies, but they are still public obligations.

County finances are also affected when prison overcrowding or changing sentencing rules increase pressure on local facilities. A person awaiting trial, a parole violator, or someone held during a resentencing process may occupy a county jail bed. Even when the final sentence is served in state custody, local governments often pay for the front end of the case and manage the community supervision that follows release.

The difference between gross savings and real savings

A correctional budget has fixed and variable costs. Closing a prison wing may produce a large apparent saving, but a county cannot assume that every avoided prison year immediately becomes cash available for local programs. Some costs remain in place, including facility maintenance, employee obligations, healthcare contracts, and statewide administrative overhead.

The most useful county analysis focuses on marginal spending and avoided future obligations. If fewer people receive decades-long sentences, the justice system may eventually need fewer beds, fewer transportation trips, less medical care for aging prisoners, and fewer administrative resources dedicated to maintaining long-term incarceration. Those savings can grow over time even when they do not appear as an instant budget reduction.

A county should also distinguish between incarceration costs and public-safety investments. A portion of avoided spending may be redirected to victim support, intensive probation, substance-use treatment, mental-health care, reentry planning, and focused supervision. Those services carry costs, but they may be less expensive than permanent imprisonment and can address factors associated with repeated offending.

The financial comparison depends on the person’s risk, age, health, offense history, and likely supervision needs. A low-risk individual released after resentencing may need limited monitoring, while someone with a serious pattern of violence may require intensive oversight. Reform produces the strongest fiscal result when eligibility rules exclude dangerous offenders and resources are concentrated on people who can be safely managed in the community.

How county agencies experience the savings

The district attorney’s office may see lower workload when fewer cases require litigation over a life sentence for a nonviolent third offense. Public defenders may devote more time to complex, high-risk cases rather than extended proceedings for people whose conduct does not justify permanent confinement. Courts can reduce the number of hearings and reviews associated with very long sentences.

Sheriffs and jail administrators benefit when local detention space is reserved for people who require secure custody. Jail beds are expensive, especially when crowded facilities trigger overtime, transportation demands, medical expenses, or construction plans. A person who can be supervised safely outside jail creates capacity for defendants who pose a current and serious threat.

Probation departments may receive additional responsibilities after reform, but those duties can be designed around risk. Evidence-based supervision uses graduated responses, frequent contact where necessary, and connections to housing, employment, treatment, and family support. This approach can cost less than incarceration while giving county officials practical tools to respond to violations.

The broader community also experiences economic effects. A person who is released and able to work may earn wages, support dependents, pay taxes, and contribute to local commerce. Those benefits should not be counted as guaranteed savings, yet they are relevant to a county perspective because incarceration removes productive capacity from neighborhoods and increases pressure on families that often rely on public assistance.

Budget area Long-term incarceration approach Targeted reform approach
Prison or detention capacity Maintains high demand for beds over decades Reduces demand for beds among eligible nonviolent offenders
Court and legal workload Repeated hearings, appeals, and sentence administration More focused proceedings and resentencing reviews
Medical costs Rising expenses as incarcerated people age Lower long-term custody costs, with community care where appropriate
Supervision Little community-based management during confinement Graduated probation, treatment, and reentry services
Public-safety allocation Resources tied up in low-risk long-term cases More capacity for violent offenders and current threats
Local economic effects Lost labor, family disruption, and public-assistance pressure Greater opportunity for employment, family stability, and tax contributions

Aging prisoners create an especially large fiscal burden

Long sentences are expensive because the cost of incarceration generally rises as prisoners age. Older incarcerated people are more likely to need chronic disease management, prescription medication, mobility assistance, specialist care, and hospital treatment. A sentence that begins with a relatively healthy adult can eventually involve substantial medical spending.

Counties may not pay every prison healthcare bill, but they remain connected to the consequences. People released from state custody often return to counties with untreated or complex health needs. County hospitals, behavioral-health departments, emergency rooms, and social-service agencies may bear part of the transition cost if reentry planning is weak.

A carefully structured release process can reduce that pressure. Medical records, identification documents, medication plans, housing arrangements, and referrals should be prepared before release. When a person has a stable place to live and a realistic treatment plan, the chance of unnecessary emergency care or rapid reincarceration may decline.

The case of a nonviolent third striker charged with forgery illustrates why individualized review matters. The chef’s case shows how a life sentence can be triggered by conduct that does not resemble the violent behavior the public generally associates with the harshest punishment. County officials can evaluate such cases through risk, harm, and rehabilitation rather than through the label alone.

Measuring public safety alongside fiscal performance

Savings should never be calculated by counting releases without tracking outcomes. Counties need performance measures that show whether reform maintains public safety. Useful indicators include rearrest rates, violent-offense rates, probation violations, victim notification compliance, employment, housing stability, and participation in treatment.

The comparison should also account for the seriousness of any new offense. A technical probation violation is different from a violent crime, and a new arrest is not identical to a conviction. Transparent reporting helps policymakers determine whether a community supervision model is working and whether particular groups need more support or tighter controls.

Risk assessment can guide decisions, but it should not replace professional judgment or legal safeguards. Eligibility rules need clear exclusions for people with serious or violent histories, and courts should review the complete record. Counties should also monitor whether reform is applied consistently across communities and whether people receive meaningful access to counsel.

Public safety can improve when money follows risk. If a county spends less on incarcerating a person who presents a low current danger, it can use that capacity for witness protection, domestic-violence response, gun-violence prevention, victim services, and supervision of people who have demonstrated a real propensity for harm. The goal is a better allocation of limited resources, not a weaker response to crime.

Building a credible county savings estimate

A county finance office can begin with a baseline that includes the number of eligible third strikers, average remaining years of incarceration, projected healthcare costs, court workload, jail bookings, and expected supervision expenses. The estimate should separate one-time implementation costs from recurring savings.

Several scenarios can make the projection more credible. A conservative model may assume that only a portion of eligible people are resentenced and that many require intensive supervision. A middle model can use historical release and recidivism data. A higher-savings model may account for reduced prison capacity and lower medical costs over a longer period. Publishing each assumption prevents a headline estimate from being mistaken for guaranteed cash.

The analysis should include reinvestment. Treatment, housing assistance, workforce services, and probation officers may require funding after release. These expenses do not undermine the fiscal case; they make it realistic. The relevant comparison is the total cost of safe community management against the total cost of continued imprisonment, including future medical and administrative obligations.

County leaders can also compare results by department. The sheriff may measure avoided jail pressure, the courts may track reduced hearings, probation may track supervision outcomes, and health agencies may monitor emergency-service use. Combining those figures provides a clearer picture than assigning every saving to a single budget line.

Directing resources toward the people who need them most

A reform policy has greater legitimacy when residents can see where the savings go. Counties should establish spending priorities before savings are realized, with public reporting that connects reduced incarceration costs to measurable services. This creates accountability and demonstrates that reform supports safer communities.

Practical budgeting priorities include:

  • Intensive supervision for people with significant but manageable risks
  • Treatment for substance-use disorders and serious mental-health conditions
  • Victim services, notification systems, and restitution support
  • Reentry assistance involving housing, identification, healthcare, and employment
  • Data collection that tracks recidivism, violence, costs, and racial disparities

Community organizations, law-enforcement leaders, prosecutors, defense attorneys, and formerly incarcerated people can contribute different forms of expertise. The Committee’s reform resources explain the public-safety and financial arguments for changing how California treats nonviolent third strikes.

County officials should communicate in concrete terms: how many cases are affected, which costs are avoided, which services receive reinvestment, and what safeguards apply to dangerous offenders. General promises about savings are less persuasive than a public dashboard showing spending, outcomes, and corrective action when results fall short.

The individual profiles of people affected by Three Strikes can also add context to budget discussions. Fiscal analysis works best when it recognizes that each sentence represents a person, a family, and a set of public responsibilities. A county can protect residents while distinguishing between serious violence and nonviolent conduct that does not warrant a life term.

California counties face permanent pressure to make every public dollar serve the greatest safety need. Review the evidence, examine the local costs, and support Three Strikes reform that reserves life sentences for dangerous and violent offenders while creating accountable alternatives for eligible nonviolent third strikers. Sign up for updates and share accurate information with county leaders, justice professionals, and community members who can help turn responsible savings into stronger public safety.

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