Proposition 36, also known as the Three Strikes Reform Act of 2012 created a procedure for resentencing "persons presently serving an indeterminate term of imprisonment under the Three Strikes law "whose sentence under this act would not have been an indeterminate life sentence. Such a person may file a petition to recall his or her sentence and be sentence as a second strike offender. 

An inmate is eligible for such a resentencing if none of his or her commitment offenses constitute serious or violent felonies and none of enumerated factors disqualifying a defendant for resentencing under Prop 36 apply. 

Resentencing of eligible inmates ma nonetheless be refused if the trial court, "in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.