<P> On November 8, 2016, California voted on two competing initiatives about capital punishment . Proposition 62 which, as Proposition 34, would have abolished the death penalty, was rejected by a 53 - 47 margin . The other initiative, Proposition 66, provides the streamlining of the capital appeal process, and also requires death - row offenders to work in jail and pay restitution to victims families, something they were previously exempted from . The measure passed 51 - 49 . Its constitutionality was upheld 5 - 2 by the state supreme court on August 24, 2017, though the court held that one provision requiring it to decide direct appeals of capital cases within five years was directive rather than mandatory . The court ordered that Prop 66 take effect after this decision becomes final . </P> <P> When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous . </P> <P> In case of a hung jury during the penalty phase of the trial, a retrial happens before another jury . If the second or any subsequent jury is also deadlocked, the judge has discretion to order another retrial or impose a life sentence . </P> <P> Under the state Constitution, the power of clemency belongs to the Governor of California . But if the offender was twice convicted of a felony, the governor can grant a commutation only on recommendation of the Supreme Court, with at least four judges concurring . </P>

When did california get rid of the death penalty