2008 BALLOT WATCH: PROPOSITION 5: NONVIOLENT OFFENDERS

Lower-level criminals with major drug problems would be in line for
more treatment and less prison time if voters approve the Nonviolent
Offender and Rehabilitation Act of 2008.

History

Proposition 5 seeks to build on the Proposition 36 drug treatment
initiative California voters passed in 2000, the success of which is
subject to debate.

The 8-year-old measure was designed to divert lower-level drug
criminals out of the criminal justice system. Only a third of
offenders who enter Proposition 36 programs complete them, a UCLA
study found last year.

But the same study also found that the measure saves taxpayers $2.50
for every $1 spent and $4 for every offender who completes the program.

Billionaire financier and philanthropist George Soros, who has backed
drug decriminalization measures in other states, provided the
financial backing to get Proposition 5 on the ballot.

What It Does

Proposition 5 sets aside $150 million in state spending this year and
$460 million next year, with cost of living and population
adjustments thereafter, for expanded prison and parolee drug programs.

Expands diversion programs to get more addicts out of prison and into
treatment.

Earmarks 15 percent of funding for juvenile offenders.

Splits off parole and rehabilitation operations from the state
corrections agency under a new secretary, with a new 23-member
commission to oversee programs.

Keeps technical parole violators out of prison. Serious and violent
offenders would be placed on parole supervision for longer stretches.

Reduces some inmates' prison terms through good-time credits.

Makes marijuana possession an infraction rather than a misdemeanor.

Expands the Board of Parole Hearings from 17 to 29 members. Senate
confirmation would no longer be required.

What It Costs

The Legislative Analyst's Office says the program could cost
taxpayers $1 billion a year, but save $1 billion in reduced prison
and parole expenditures. It also could save $2.5 billion in future
prison construction costs.

Money Watch

Supporters had raised approximately $4.5 million as of Sept. 24,
including $1.4 million from New York financier George Soros, $1.4
million from retired New York businessman and philanthropist Bob
Wilson, $700,000 from Goldman Sachs senior partner Jacob D.
Greenfield of New York and $500,000 from University of Phoenix
founder John G. Sperling of Phoenix.

Opponents had reported about $288,000 in contributions as of Sept.
24, including $175,000 from the Sycuan Band of the Kumeyaay Nation
and $60,000 from the California Narcotics Officers Association.

Supporters

New York financier George Soros

Drug Policy Alliance Network

California Public Defenders Association

What They Say:

Proposition 5 would ease California's prison overcrowding crisis by
treating drug addiction as an illness.

The initiative would provide $65 million in funding for youth drug
treatment programs that don't exist now.

It would save money over time in reduced prison construction and
operation costs.

Opponents

California District Attorneys Association

California Association of Drug Court Professionals

California Chamber of Commerce

What They Say:

Proposition 5 in effect would decriminalize drugs and spark increases
in crime by diverting offenders out of the criminal justice system.

The initiative would undermine the inmate rehabilitation and re-entry
components contained in last year's Assembly Bill 900.

It would create new bureaucracies with no accountability and add
costs through higher crime rates.

Multimedia

Read previous installments in 2008 Ballot Watch: sacbee.com/ballotwatch

See supporters' Web site: www.NORAyes.com

See opponents' Web site: www.noonproposition5.com