Sentencing and clemency · California · November 5, 2026
California Gov. Gavin Newsom said Thursday that he would change the state’s 548 death sentences to life in prison without parole. That figure describes the scope of his plan. It does not tell readers how many sentences had legally changed by the time he made the announcement.
The Associated Press, citing figures provided by the governor’s office, reported that 382 cases require the California Supreme Court’s approval because of prior felony convictions. Reuters independently reported the announcement and court requirement. California’s governor has clemency power, but for a person twice convicted of a felony, Article V, Section 8 of the state constitution requires a recommendation from the state Supreme Court, with four justices concurring.
A change to punishment, not the conviction
Commutation substitutes or reduces a sentence. The proposed replacement here is life without parole. The governor’s announcement did not set aside anyone’s underlying conviction, order a new trial or direct anyone’s release. The governor’s office explains the distinction and the role of the court in cases involving more than one felony conviction.
California already had a pause on executions. In 2019 Newsom granted a reprieve to people sentenced to death, a step the California Department of Corrections and Rehabilitation describes as leaving convictions and sentences in place. This proposal would change the punishment in individual judgments as the commutations take effect. It would not repeal California’s death penalty statute.
What to check next
Three records answer three different questions: the announcement describes the governor’s plan; any Supreme Court recommendation supplies the prerequisite in a case that needs one; and an executed clemency grant establishes that an individual sentence was commuted. Those records should not be treated as interchangeable. This report did not verify 548 completed grants.
Orange County District Attorney Todd Spitzer opposed the move on November 5, defending the juries’ sentencing decisions and raising concerns about its effect on victims’ families. AP reported differing views among survivors and advocates. None of those positions establishes that an individual prisoner has become eligible for release.
See the Courtroom archive for more coverage of the difference between a verdict, a sentence and later review.
File photograph: San Quentin State Prison, California Department of Corrections and Rehabilitation, 2012. Public domain, reproduced in U.S. Geological Survey Figure 14A. Source and public-domain credit. This photograph does not depict the November 2026 announcement.