California Gov. Gavin Newsom moved Thursday, November 5, 2026, to commute the death sentences of all 548 prisoners on the state's death row to life imprisonment without parole before leaving office in January. Hundreds of the commutations require approval from the California Supreme Court.
The decision would eliminate every existing death sentence in California, which has the largest death row in the United States. Prisoners would serve life sentences without parole while retaining their criminal convictions. Capital punishment would remain legal, allowing prosecutors to seek death sentences in future cases.
Newsom has asked the California Supreme Court to approve commutations for 382 prisoners with multiple felony convictions. Under Article V, Section 8 of the state Constitution, at least four of the court's seven justices must recommend clemency before the governor can reduce those sentences. He can act on the remaining 166 without that additional approval.
In an open letter to Californians, Newsom described the decision as one of the most difficult of his career, acknowledging the suffering it could revive among families whose loved ones were murdered. He cited wrongful convictions, racial disparities and concerns about the fairness of capital punishment.
"These offenders will die in prison but not by our hand," Newsom wrote.
Newsom imposed a moratorium on executions shortly after taking office in 2019, suspending executions and ordering the closure of the execution chamber at San Quentin State Prison. California last executed a prisoner in January 2006. The moratorium left existing death sentences intact, allowing a future governor to pursue executions. Commutations would permanently replace those punishments with life imprisonment without parole.
California voters rejected efforts to abolish capital punishment in 2012 and 2016. Proposition 34 failed in the first election, followed by Proposition 62 four years later. During the same 2016 election, voters approved Proposition 66, which sought to speed up death penalty appeals and procedures.
The proposed commutations have drawn opposition from prosecutors and victims' rights advocates who argue that Newsom is overriding sentences imposed by juries and upheld by courts. Anne Marie Schubert, a former Sacramento County district attorney who leads the Criminal Justice Legal Foundation, criticized the decision for disregarding the judgments of juries and the wishes of murder victims' families.
Death penalty opponents, including the American Civil Liberties Union, welcomed the move, citing the possibility of wrongful convictions and unequal treatment within the justice system. Supporters argue that replacing death sentences with life imprisonment would remove the risk of executing an innocent person.
Among those affected is Richard Allen Davis, who was sentenced to death for the 1993 kidnapping and murder of 12-year-old Polly Klaas. His sentence would be replaced with life imprisonment without parole if the commutation takes effect.
Newsom has requested the Supreme Court's recommendation by the end of 2026, giving him time to complete the commutations before his term expires in January. The court must provide the required recommendations before he can issue commutation certificates for the 382 prisoners with multiple felony convictions.
