What’s going on with justice issues in California in 2026?

Californians voted for a major change in the criminal justice system when they passed Proposition 36 in late 2024, adopting stricter penalties for what had been misdemeanor theft and drug charges. Those adjustments rippled through courtrooms and jails throughout 2025 as thousands of defendants faced a choice of longer sentences in prison or court-directed drug treatment. It also led to fights over money in the Capitol as lawmakers pressed Gov. Newsom for more funding to carry out the initiative.

Some of the highest-profile justice bills in 2025 centered on resisting the Trump administration’s crackdown on unauthorized immigrants, including a new law that would generally prohibit local and federal law enforcement officers from wearing masks on duty. Those issues likely will return in 2026.

The Legislature also is expected debate measures that would limit elderly parole opportunities for people convicted of sex offenses, a response to the potential release of two high-profile prisoners. Spending on prisons likely will be a recurring issue because of the state’s projected budget deficit.

CalMatters justice team:

Quick Facts

  • Prison: There are about 90,000 inmates in prison, down from 124,000 in January 2020. That trend allowed Gov. Newsom to close five prisons.
  • Guns: California’s is among the lowest states in the deaths by gun, just more than half the US average.
  • Prop. 36: In the first six months of 2025, about 9,000 people faced charges under Prop. 36 that gave them a choice between drug treatment or a felony offense leading to up to three years in prison. About 15% of them opted for treatment.

Justice Bills

In Focus

Here are all of the justice-related bills considered this session with the highlighted bills identified by CalMatters as among the most significant this year.

AB 1537 Failed
Headshot of Isaac Bryan
Isaac Bryan

This bill would prohibit California law enforcement offices from taking secondary employment — moonlighting — with a federal agency, such as the Border Patrol or Immigration and Customs Enforcement.

AB 2727 Passed
Headshot of Stephanie Nguyen
Stephanie Nguyen

This bill would prohibit people convicted of serious sex offenses from participating in the state's elderly release program for inmates over age 50.

AB 1383 Failed
Headshot of Tina McKinnor
Tina McKinnor

This bill would allow police, firefighters and correctional officers to retire with a full CalPERS pension at 55 rather than 57, and with a higher cap on their retirement income. Local governments oppose it because it has the potential to increase their payroll costs and pension obligations

AB 1140 In Progress
Headshot of Damon Connolly
Damon Connolly

This bill would expand opportunities for incarcerated people to have their own cells rather than sharing a cell with someone else by creating a pilot program at four state prisons.

SB 1130
Invasion of privacy: wearable recording devices.

Committee: Senate Standing Committee on Public Safety

In Progress
Invasion of privacy: wearable recording devices.Committee: Senate Standing Committee on Public Safety
SB 1105
Law enforcement.

Committee: Senate Standing Committee on Public Safety

In Progress
Law enforcement.Committee: Senate Standing Committee on Public Safety
SB 490
Alcohol and drug programs.

Committee: Senate Standing Committee on Health

In Progress
Alcohol and drug programs.Committee: Senate Standing Committee on Health
SB 891
Missing and Murdered Indigenous Persons Justice Program.

Committee: Senate Standing Committee on Public Safety

In Progress
Missing and Murdered Indigenous Persons Justice Program.Committee: Senate Standing Committee on Public Safety
SB 769
The Golden State Infrastructure Corporation Act.

Committee: Senate Standing Committee on Business, Professions and Economic Development

In Progress
The Golden State Infrastructure Corporation Act.Committee: Senate Standing Committee on Business, Professions and Economic Development
SB 1189
Advance health care directive of a skilled nursing facility patient.

Committee: Senate Standing Committee on Judiciary

In Progress
Advance health care directive of a skilled nursing facility patient. Committee: Senate Standing Committee on Judiciary
View All

In the News