*Colorado abolished the death penalty prospectively on March 23, 2020, and those on death row at that time had their sentences commuted.
**In 2016, the Delaware Supreme Court has declared its capital sentencing procedures unconstitutional and has resentenced all death-row prisoners to life without parole.
***New Hampshire abolished the death penalty in May 2019, but the repeal may not apply retroactively, leaving a prisoner on death row facing possible execution.
****Virginia abolished the death penalty on March 24, 2021, and those on death row at that time had their sentences commuted.
*****In 2018, the Washington Supreme Court has declared its capital sentencing procedures unconstitutional and has resentenced all death-row prisoners to life without parole. In April 2023, Governor Jay Inslee signed legislation removing capital punishment statutes from state law.
Bureau of Justice Statistics, Capital Punishment 2011 ; updated by DPIC .