Smiley Martin should have been behind bars.
A career criminal with a long rap sheet involving firearms, he was given a 10 year sentence in 2018 for punching, dragging and severely beating his girlfriend with a belt. In prison, Martin was found guilty of beating another inmate and engaging in other criminal activity. Nevertheless, he was freed just four years later, thanks to a plea deal that categorized him as a “nonviolent offender” and a California ballot measure that sharply reduced sentences for “good behavior.”
Just two months after his release, Martin and several accomplices, including his brother, were arrested for carrying out the worst mass shooting in Sacramento’s history – leaving six dead and 12 others injured on April 3, 2022. Martin was charged with three counts of murder and illegal possession of a firearm, including a machine gun. He will not stand trial on those charges, since the 29-year-old died in jail of a drug overdose last September.
Martin’s life and death have brought attention to the criminal justice reform that helped put him back on the streets: Proposition 57. The ballot measure was sold to the public in 2016 as a way to relieve the state’s chronically overcrowded prisons by rewarding “nonviolent” offenders for good behavior by shortening their sentences. It was supposed to be a humanitarian answer to what social justice activists described as an epidemic of “mass incarceration.” It has instead put tens of thousands of violent offenders such as Martin back on the streets.
Many of them have been rearrested. The latest Recidivism Report from the California Department of Corrections and Rehabilitation shows that nearly two thirds (64.2%) of the 34,215 inmates granted early release between July 1, 2019 and June 30, 2020 had been rearrested as of April 2, 2025.
Breaking down the recidivism rate for prisoners within three years of their release, it reported that “22.1% of the release cohort (7,567 individuals) were convicted of a felony offense, and 17.0% (5,828 individuals) were convicted of a misdemeanor offense.” The Department of Corrections also reports almost half the inmates granted early release had not earned any credits for good behavior.
Prop 57 critics are not surprised. In the run-up to the 2016 ballot measure – which was approved with the support of 65% of voters – the measure’s opponents warned that violent criminals like Martin would likely benefit from the initiative.
But they were denounced as scaremongers. When Sacramento County District Attorney Anne Marie Schubert warned that Prop 57 would free perpetrators of domestic violence, then-Gov. Jerry Brown, who was the top proponent for the ballot measure, shot back; “That’s a complete red herring, and it’s very disingenuous of these highly politicized prosecutors to make that claim.” Brown assured voters that each inmate’s crime and behavior in prison would be considered before release was granted.
While supporters of Prop 57 described it as a humane response to a court order, critics say its proponents misrepresented the bill to secure its passage. At a time when President Trump is putting progressive criminal justice organizations in his crosshairs, the troubled history of Prop 57 highlights the challenges of rehabilitating inmates while also reducing prison overcrowding without building more prisons.
Hellbound and Down 