California Proposition 5 (2008)
Encyclopedia
California Proposition 5, or the Nonviolent Offender Rehabilitation Act (or NORA) was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California
. It was disapproved by voters on November 4 of that year.
Other opponents include:
are:
The California Supreme Court declined to issue the preemptory writ. Generally, initiatives' constitutionality are not reviewed until after a vote has passed and the initiative becomes law.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. It was disapproved by voters on November 4 of that year.
Provisions of the initiative
Proposition 5:- Requires California to expand and increase funding and oversight for individualized treatment and rehabilitation programs for nonviolent drug offenders and parolees.
- Reduces criminal consequences of nonviolent drug offenses by mandating three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation.
- Limits the courts' authority to incarcerate offenders who violate probation or parole.
- Shortens parole for most drug offenses, including sales, and for nonviolent property crimes.
- Creates numerous divisions, boards, commissions, and reporting requirements regarding drug treatment and rehabilitation.
- Changes certain marijuana misdemeanors to infractions.
Fiscal impact analysis
According to the state of California, the initiative, if it passes, would lead to:- Increased state costs that could exceed $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community.
- Savings to the state that could exceed $1 billion annually due primarily to reduced prison and parole operating costs.
- Net savings on a one-time basis on capital outlay costs for prison facilities that could exceed $2.5 billion.
- Unknown net fiscal effect on expenditures for county operations and capital outlay.
Argument in favor of Prop 5
Notable arguments that have been made in favor of Prop 5 include:- Prop 5 would reduce pressure on overcrowded and expensive prisons.
- Prop. 5 creates treatment options for young people with drug problems that do not exist under current law
- Voter-approved Proposition 36California Proposition 36 (2000)California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration...
provided treatment, not jail, for nonviolent drug users. - One-third have completed treatment and became productive, tax-paying citizens.
- Since 2000, Prop. 36 has graduated 84,000 people and saved almost $2 billion."
Donors to the Prop 5 campaign
As of September 6, 2008, the five largest donors to the "Yes on 5" campaign are:- George SorosGeorge SorosGeorge Soros is a Hungarian-American business magnate, investor, philosopher, and philanthropist. He is the chairman of Soros Fund Management. Soros supports progressive-liberal causes...
, $1,400,000; - Jacob Goldfield, $1,400,000.
- Bob Wilson, $700,000;
- John SperlingJohn SperlingJohn Glen Sperling is an American businessman who is credited with leading the contemporary for-profit education movement in the United States. His fortune is based on his founding of the for-profit University of Phoenix for working adults in 1976, which is now part of the publicly traded Apollo...
, $500,000; - The Drug Policy Alliance Network, $400,000.
Path to ballot
The petition drive conducted to qualify the measure for the fall ballot was conducted by Progressive Campaigns, Inc. at a cost of about $1.762 million.Opposition
People Against the Proposition 5 Deception is the official committee against the proposition.Other opponents include:
- Actor Martin SheenMartin SheenRamón Gerardo Antonio Estévez , better known by his stage name Martin Sheen, is an American film actor best known for his performances in the films Badlands and Apocalypse Now , and in the television series The West Wing from 1999 to 2006.He is considered one of the best actors never to be...
- Rational RecoveryRational RecoveryRational Recovery and Rational Recovery Systems, Inc. is a commercial vendor of material related to counseling, guidance, and direct instruction for addiction designed as a direct counterpoint to Alcoholics Anonymous and twelve-step programs. Rational Recovery Systems, Inc. was founded in 1986 by...
founder Jack Trimpey
Arguments against Prop 5
Notable arguments that have been made against Prop 5 include:- Proposition 5 has been called the "Drug Dealers’ Bill of Rights" because it shortens parole for methamphetamine dealers and other drug felons from 3 years to 6 months.
- This measure may provide a 'get-out-of-jail-free' card to many of those accused of other crimes by claiming drugs made them do it, letting them effectively escape criminal prosecution."
- Proposition 5 establishes two new bureaucracies with virtually no accountability, and which will cost hundreds of millions in taxpayer dollars.
- This is a long law that changes many statutes that most voters will not even read in sufficient detail
- Addicted defendants will be permitted five violations of probation or treatment failures based on drug use, and judges will be unable to meaningfully intervene until the sixth violation.
Donors to no on 5 Campaign
As of October 16, 2008, the largest donorsare:
- California Correctional Peace Officers AssociationCalifornia Correctional Peace Officers AssociationThe California Correctional Peace Officers Association , founded in 1957 as the California Correctional Officers Association , is the corrections officers' labor union in California. The CCPOA is widely considered one of the most powerful political forces in California politics...
, $1,000,000 - Sycuan Band of the Kumeyaay Nation, $175,000
- California Narcotics Officers Association, $60,000
- Peace Officers Research Association of California, Political Issues Committee, $50,000
- Pala Band of Mission Indians, $50,000
- Barona Band of Mission Indians, $25,000
Lawsuit to remove from ballot
Opponents of Proposition 5, including thirty-two district attorneys and former California governors Pete Wilson and Gray Davis petitioned the California Supreme Court to issue a preemptory writ of mandate to remove Proposition 5 from the November ballot. The lawsuit alleges that Proposition 5 attempts to alter the constitution via statute, which is unconstitutional.The California Supreme Court declined to issue the preemptory writ. Generally, initiatives' constitutionality are not reviewed until after a vote has passed and the initiative becomes law.
Results
Official campaigns
Additional reading
- Peter Schrag: Props. 5 and 8 will make waves nationally
- California Ballot Propositions May Start National Trend on Prisons and Rehabilitation of Drug Offenders and Same Sex Marriage