California Online Voter Guide

November 2008 General Election
17th edition

Proposition 5 - Nonviolent Drug Offenses. Sentencing, Parole and Rehabilitation. Failed

Initiative Statute

Summary

• Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.

• Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.

• Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies.

• Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries.

• Creates 19 member board to direct parole and rehabilitation policy.

• Fiscal Impact: Increased state costs over time potentially exceeding $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community.

• Fiscal Impact: State savings over time potentially exceeding $1 billion annually due primarily to reduced prison and parole operating costs.

• Fiscal Impact: Net one-time state savings on capital outlay costs for prison facilities that eventually could exceed $2.5 billion.

• Fiscal Impact: Unknown net fiscal effect on county operations and capital outlay.

What a Yes or No Vote Means

YES: A “YES” vote on this measure means: Drug treatment diversion programs available primarily for persons charged or convicted for a nonviolent drug possession crime would be expanded. Some parole violators would be diverted from state prison and parole terms would be reduced for others. New rehabilitation programs would be expanded for offenders before and after they leave prison. Some inmates might receive additional credits to reduce the time they stay in state prison. Possession of less than 28.5 grams of marijuana would have a lesser penalty than under current law.

NO: A “NO” vote on this measure means: State and local governments would determine whether to expand existing drug treatment diversion programs in the future. State correctional officials would continue to have the discretion to return various categories of parole violators to state prison, and parole terms would remain at three years for most parolees. The state would not be obligated to further expand rehabilitation programs for inmates, parolees, and other offenders. The current rules for awarding credits to inmates to reduce their time in prison would continue. The penalty for possession of less than 28.5 grams of marijuana would remain unchanged.

Full Text of Proposition 5 - (PDF)

Official Campaign Web Sites and Contact Information

• Yes on Proposition 5

Yes on Proposition 5
3470 Wilshire Blvd., Suite #618
Los Angeles, California 90010
Phone: (213) 382-6400
Email: prop5@drugpolicy.org
Web site: www.prop5yes.com

• No on Proposition 5
  

  No on Proposition 5
  People Against the Proposition 5 Deception
  2150 River Plaza Dr., Suite 150
  Sacramento, CA 95833
  Phone: (916) 473-8866
  Web site: www.NoOnProposition5.com

 

Who Signed the Ballot Arguments

• Yes on Proposition 5

  Jeanne Woodford, Former Warden, San Quentin State Prison
  Daniel MacAllair, Executive Director, Center on Juvenile and Criminal Justice
  Dr. Judith Martin, President, California Society of Addiction Medicine

• No on Proposition 5

  Charles A. Hurley, CEO, Mothers Against Drunk Driving (MADD)
  Jerry Dyer, President, California Police Chiefs Association
  Bonnie Dumanis, President, California District Attorneys Association

News Articles

CVF's News Stories section provides California voters with convenient access to a sampling of news articles that give an overview of the potential impact of the propositions on the ballot.

Follow the Money

Proposition 5 Campaign Finances through October 18, 2008
Position	Support			Oppose
Total Raised	$6,611,000			$1,505,187
Top Donors	Name	Amount		Name	Amount
	Bob Wilson, Retired [Brooklyn, NY]	$2,800,000		California Correctional Peace Officers Association [West Sacramento, CA]	$1,000,000
	George Soros, Investor [New York, NY]	$1,400,000		Sycuan Band of the Kumeyaay Nation [El Cajon, CA]	$175,000
	John Sperling, Chairman, The Apollo Group [Phoenix, AZ]	$1,000,000		California Narcotics Officers’ Association [Santa Clarita, CA]	$60,000
	Jacob D. Goldfield, Investor [New York, NY]	$700,000		Pala Band of Mission Indians [Pala, CA], Peace Officers Research Association of California [Sacramento, CA], (tied)	$50,000
	Center for Policy Reform (Drug Policy Alliance Network) [New York, NY]	400,000

Detailed information about all contributors for and against Proposition 5 is available from campaign finance reports at Cal-Access, the Secretary of State's campaign disclosure web site. To view the most recent contributions, select a committee and click "Late and $5000+ Contributions Received".

 

 

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This page was first published on September 27, 2008 | Last updated on December 21, 2008
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