Gavin Newsom Considers Sparing All 563 California Death Row Inmates Before Leaving Office

California Gov. Gavin Newsom is considering commuting the death sentences of all 563 inmates currently on the state’s death row, a sweeping move that would spare some of California’s most notorious convicted murderers from execution before he leaves office in January.

The Democratic governor has reportedly intensified discussions with senior advisers about the possibility of converting every death sentence into life imprisonment without the possibility of parole. The move would represent the largest mass commutation of death sentences in modern American history.

Newsom has been weighing the decision for several months, but discussions accelerated following a troubled execution in Tennessee. According to people familiar with the deliberations, the governor has held numerous meetings and telephone conversations with advisers about whether to proceed.

Among the prisoners who could benefit from the decision is Richard Allen Davis, who kidnapped and murdered 12-year-old Polly Klaas in 1993. His crime shocked the nation and helped fuel support for tougher criminal sentencing laws in California.

Other inmates include Cary Stayner, who murdered four women near Yosemite National Park in 1999, and Charles Ng, a serial killer convicted of participating in a series of murders during the 1980s. All would have their death sentences converted to life without parole if Newsom’s proposal were fully implemented.

California currently has the largest death row population in the United States, accounting for approximately one-quarter of all prisoners facing capital punishment nationwide. Despite the state’s large number of death sentences, California has not carried out an execution since January 2006.

Newsom imposed a moratorium on executions shortly after taking office in 2019, preventing the state from carrying out capital punishment during his administration. He subsequently moved to dismantle the execution chamber at San Quentin and transfer condemned prisoners to other correctional facilities.

However, the moratorium did not eliminate existing death sentences or prevent prosecutors from pursuing capital punishment in new cases. A mass commutation would go significantly further by permanently replacing existing death sentences with life imprisonment without parole.

The governor has acknowledged that he is receiving conflicting advice about the potential decision. Some advisers have encouraged him to act on his longstanding opposition to capital punishment, while others have warned that sparing hundreds of convicted murderers could provoke a substantial political backlash.

During a recent podcast conversation with death penalty opponent Bryan Stevenson, Newsom openly discussed whether he should commute California’s entire death row population. He also questioned how he would explain such a decision to the families of murder victims.

Crime victims’ advocates have strongly criticized the possibility. Topo Padilla, president of Crime Victims United, argued that commuting the sentences would disregard the decisions of juries and judges who determined that the crimes warranted capital punishment.

Opponents have also pointed out that California voters rejected ballot initiatives to abolish the death penalty in both 2012 and 2016. Newsom faced similar criticism when he imposed the execution moratorium in 2019 despite those earlier statewide votes.

Supporters of ending capital punishment argue that the death penalty is costly, inconsistently applied and carries the risk of executing innocent people. They maintain that replacing death sentences with life imprisonment would preserve public safety while eliminating the possibility of wrongful executions.

Newsom’s authority to carry out the proposal would face certain legal restrictions. Under California law, the governor can generally commute a sentence without court approval when an inmate has only one felony conviction, but cases involving multiple felony convictions require approval from the California Supreme Court.

More than half of California’s death row inmates reportedly fall into the category requiring judicial approval. That means a statewide commutation effort would involve substantial legal review even if Newsom decides to move forward.

The possibility has also attracted attention because Newsom is frequently discussed as a potential Democratic presidential candidate in 2028. Political strategists have warned that a mass commutation could become a contentious issue in a future national campaign, particularly among voters who support capital punishment.

In 2003, outgoing Illinois Republican Gov. George Ryan commuted the death sentences of 167 prisoners, setting a major precedent for executive action involving capital punishment. Newsom’s contemplated action would affect more than three times as many inmates.

Newsom’s office has emphasized that no final decision has been made. With his second and final term approaching its conclusion, the governor must decide whether to leave California’s existing death sentences in place or pursue an unprecedented effort to permanently remove capital punishment for hundreds of convicted murderers.