Executive Summary
Summary
Between October 2020 and January 2025, prosecutor-initiated resentencing in Alameda County resulted in 165 individuals receiving reduced sentences, generating substantial cost savings to the State of California while promoting public safety. The program saved 2,792 years of incarceration and between $42.6 million and $287.4 million in annual costs.
Why This Matters
California Penal Code § 1172.1 gives District Attorneys discretionary power to refer incarcerated individuals back to court for resentencing when continued incarceration no longer serves the interest of justice. This is not a partisan issue—both DA Nancy O’Malley and DA Pamela Price utilized this tool to achieve fiscal responsibility and public safety goals. The program’s success demonstrates that smart criminal justice policy can reduce unnecessary incarceration costs while maintaining community safety.
What You Need to Know
- Bipartisan Use: DA O’Malley initiated the program in 2020, resentencing 72 individuals. DA Price expanded it with a dedicated unit, resentencing 93 individuals. Both administrations used the same legal authority to achieve similar outcomes.
- Substantial State Savings: Cost reductions range from $42.6 million (marginal cost) to $287.4 million (average cost) annually, using Legislative Analyst’s Office data on incarceration costs
- Significant Time Reductions: Resentencing saved 2,792 years of incarceration across 165 cases, with individuals serving an average of 21.8 years before resentencing.
- Evidence-Based Selection: The program focused on individuals who have served long sentences and demonstrate extremely low recidivism risk—those 50+ years old have recidivism rates of just over 2%, while those 65+ have rates near zero.
- Unexplained Policy Reversal: DA Ursula Jones Dickson disbanded the Resentencing Unit in early 2025 and began withdrawing pending resentencing recommendations, despite the program’s demonstrated fiscal and public safety benefits.
Conclusion
Prosecutor-initiated resentencing in Alameda County represents smart, fiscally responsible policy that both Democratic District Attorneys successfully implemented. The program demonstrates that reducing unnecessary incarceration saves taxpayer dollars while maintaining public safety. Reinvesting these cost savings into reentry programs and community resources would further enhance public safety outcomes across the county.