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.