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
The Impact of Three Strikes on Women in California Prisons
California’s Three Strikes law was designed to impose lengthy sentences on people with repeated serious or violent felony convictions. In practice, its reach extended beyond the narrow image of a chronically violent offender. Women received life sentences for third-strike convictions involving conduct that was often nonviolent, closely connected to addiction, or shaped by poverty, trauma, and limited access to treatment.
The result has been especially significant in California’s women’s prisons. A sentence of 25 years to life can separate a mother from her children, interrupt medical care, and place an aging prisoner in a system designed around security rather than long-term rehabilitation. The effects continue after release, when women must rebuild family relationships, find housing, and manage health needs after decades behind bars.
Understanding these consequences does not require minimizing the harm caused by violent crime. It requires examining whether a life sentence is proportionate to the third offense, whether the person still presents a serious danger, and whether public safety is better served by permanent incarceration or a structured opportunity for rehabilitation.
How The Law Reached Women
California’s original Three Strikes framework treated a prior serious or violent felony as a major sentencing trigger. A second strike generally doubled the sentence for a new felony, while a third strike could result in 25 years to life. Prosecutors and courts had some discretion, but the structure encouraged severe punishment whenever a defendant’s criminal record met the statutory requirements.
Women could be swept into this system through offenses that looked very different from the violent crimes that shaped public support for the law. Drug-related conduct, theft, burglary, fraud, and offenses committed in the context of unstable housing could produce a third-strike case when combined with qualifying prior convictions. Some women also had old convictions from adolescence or early adulthood treated as permanent markers of risk.
The legal details are important because not every prior offense carries the same meaning. California’s classifications of serious and violent felonies have changed over time, and the consequences of those classifications can determine whether a person receives a life sentence. A plain-language explanation of violent felony standards helps clarify why the law’s technical categories matter in individual cases.
Sentences That Outlast The Circumstances
A life sentence can freeze a person’s identity at the moment of the latest conviction. It may give little weight to changes that occur during years of incarceration, including sobriety, educational achievement, participation in counseling, or a sustained record without disciplinary violations. For women who entered prison in their twenties or thirties, a sentence imposed during a period of crisis can continue into middle age and beyond.
The third-strike structure also magnified the consequences of relatively low-level conduct. A nonviolent offense could become the event that activated a life term, even when the person’s earlier convictions were remote or the latest conduct did not involve physical injury. This raised questions of proportionality: should the newest offense determine decades of confinement when it is less serious than the person’s past record?
Long imprisonment carries financial and human costs. California pays for housing, health care, mental health services, security, and disability support for people who may eventually become elderly or medically fragile. For women, the costs are often shared by children, parents, and other relatives who lose caregiving, income, and emotional support.
| Area of impact | Common effect on women serving long Three Strikes sentences | Public-safety consideration |
|---|---|---|
| Family relationships | Separation from children, loss of custody, and weakened ties over time | Stable family connections can support successful reentry |
| Health | Untreated trauma, substance-use disorders, reproductive care needs, and aging-related illness | Treatment can reduce the conditions associated with repeat offending |
| Sentencing | Life terms for a later nonviolent offense after qualifying prior convictions | Proportional review can distinguish current danger from past conduct |
| Prison population | More older women requiring specialized medical and disability services | Age-sensitive supervision may protect the public at lower cost |
| Reentry | Housing, employment, identification, and benefit barriers after release | Structured support can reduce instability and recidivism |
Family Separation And Caregiving
Women in prison are frequently mothers or primary caregivers. When a mother receives a life sentence, the immediate consequences can include placement of children with relatives, foster care, or another parent. Even when relatives provide a safe home, they may lack money, transportation, or legal support. Children can lose regular contact with their mother as distance, prison rules, and family conflict accumulate.
The damage is not limited to childhood. A woman imprisoned for decades may miss graduations, illnesses, births, and deaths. Her children may become adults before meaningful contact resumes. When she is eventually released, family members may have established new routines and relationships, leaving everyone to negotiate roles that were shaped by years of absence.
Caregiving responsibilities can also influence the conduct that leads to incarceration. Some women participate in crimes connected to an abusive partner, economic dependence, addiction, or an effort to obtain money for food and housing. These circumstances do not erase accountability, but they provide information that a sentence focused only on criminal history may overlook.
A fair sentencing review should examine the person’s role in the offense, the presence of coercion or violence in her home life, and the likely consequences for dependent children. Family ties are not a substitute for public safety analysis, yet they can be a strong source of stability when release is carefully supervised.
Trauma, Addiction, And Health
Many incarcerated women have histories of physical or sexual abuse, domestic violence, homelessness, and untreated mental illness. Substance use may function as an attempt to manage trauma, pain, or anxiety. When the criminal legal system responds primarily with a life sentence, it can leave the underlying conditions unaddressed for years.
Women’s health needs also change during incarceration. Reproductive health care, pregnancy-related services, menopause, chronic illness, and mental health treatment require consistent attention. A long sentence can place a person in prison through several stages of life, while access to appropriate care may vary by institution and by available resources.
Prison treatment programs can help, but access is not always equivalent to community care. Waiting lists, transfers, disciplinary restrictions, and limited specialists can interrupt progress. A person may complete classes and counseling while still having no realistic path to demonstrate that she has changed in a way the sentencing system will recognize.
These realities support a distinction between punishment and risk management. A woman who has aged, completed treatment, and built a record of positive conduct may present a substantially different risk from the person sentenced years earlier. Any review process should consider current behavior and evidence rather than treating a prior conviction as an unchanging prediction of future harm.
Proposition 36 And The Path To Review
Proposition 36, approved by California voters in 2012, narrowed the circumstances in which a third-strike sentence could be imposed as 25 years to life. In general terms, the reform focused life-term punishment on people whose current offense was serious or violent, subject to statutory exceptions involving factors such as certain prior convictions and firearm-related conduct.
The measure also created a resentencing process for some people already serving third-strike life terms for non-serious, nonviolent offenses. Eligibility was not automatic. Courts had to review the conviction and criminal history, and a petition could be denied if the person posed an unreasonable risk of danger to public safety. The law therefore combined a proportionality correction with a safety screen.
For women, resentencing offered an opportunity to present evidence that a conventional sentencing record might have missed. Age, disciplinary history, educational work, trauma treatment, medical condition, release plans, and family support can all help a court evaluate present risk. The process also recognizes that a nonviolent current offense may not justify lifelong confinement by itself.
The Three Strikes FAQ provides background on the reform’s purpose and the types of relief that may be available. Anyone examining a potential case should obtain current legal advice because eligibility depends on the exact convictions, prior strikes, procedural history, and applicable law.
Public Safety Through Proportionality
Reforming Three Strikes does not mean treating violent conduct casually. A credible public-safety policy must retain strong penalties for people who commit serious violence and must give courts reliable information about dangerousness. The central question is whether every person with a qualifying record requires a life sentence, regardless of the current offense and later evidence of rehabilitation.
Age is relevant to that assessment. Research across correctional systems has generally found that criminal offending declines as people grow older, although individual risk varies. Keeping an aging person imprisoned at great expense may provide little additional safety if the person’s conduct, health, and history show a low likelihood of serious reoffending.
Community supervision can provide accountability after release. Conditions may include substance-use treatment, mental health care, employment assistance, housing requirements, regular reporting, and restrictions related to victims or co-defendants. For women returning to the community, transportation, childcare, identification documents, and trauma-informed services can determine whether those conditions are realistic.
A proportionate system also improves legitimacy. Families are more likely to trust sentencing institutions when the punishment reflects the actual offense and recognizes meaningful change. Law-enforcement officials, prosecutors, defense attorneys, judges, and survivors can hold different views about a case while still supporting a process that distinguishes severe present danger from an old record.
Building A Gender-Responsive Review
A serious review of women serving Three Strikes sentences should begin with the complete record. That includes the current offense, prior convictions, sentencing transcripts, prison conduct, programming, medical files, psychological evaluations, and a realistic plan for housing and supervision. Missing information can make a person appear more dangerous or less prepared than the evidence supports.
The review should also account for gender-specific pathways into the justice system. Questions about intimate-partner coercion, survival crimes, caregiving, exploitation, trauma, and substance dependence can reveal why an offense occurred and whether the underlying risk has changed. These factors should inform legal decisions without excusing harm or imposing stereotypes about women.
Practical reforms can focus on several areas:
- Apply proportionality review when the current offense is nonviolent and the person has served a substantial sentence.
- Give courts clear access to trauma-informed assessments, substance-use treatment records, and evidence of rehabilitation.
- Consider age, disability, serious illness, and declining risk when evaluating continued imprisonment.
- Provide meaningful family contact and reentry planning, including housing, health care, employment, and childcare support.
- Preserve strong penalties and careful supervision for people whose current conduct demonstrates a serious threat to others.
The goal is a sentencing system that protects the public while using incarceration where it is genuinely necessary. Long sentences should be reviewed through evidence, not through an assumption that a past strike permanently defines a woman’s future.
The Committee for Three Strikes Reform continues to present the case for correcting life sentences imposed for nonviolent, non-serious offenses while retaining severe consequences for dangerous and violent criminals. Its discussion of correcting unjust sentences places individual stories within the broader debate over fairness, cost, rehabilitation, and public safety.
Women affected by Three Strikes, their families, attorneys, advocates, and community members can help keep this issue visible by learning how the law operates, reviewing available resentencing resources, and sharing accurate information. Signing up for updates from the Committee and supporting informed reform efforts can contribute to a California system that recognizes accountability while leaving room for rehabilitation and a safer return to the community.