PROP. 5 IS A FISCAL AND PUBLIC SAFETY DISASTER - VOTE 'NO'

We, as district attorney and sheriff for Nevada County and, as
taxpayers, are deeply concerned about the pending ballot initiative
Proposition 5.

Prop. 5, the Nonviolent Offenders Rehabilitation Act, is seriously
flawed and should not become the law. It is offered up to the voters
by the Drug Policy Alliance, an advocacy group whose primary goal is
to legalize drugs across the country. They were also the proponents
of the previously enacted Prop. 36, which requires nonviolent drug
offenders to be put on probation and a treatment program.

There has been much debate as to the effectiveness of Prop. 36 with
low completion averages and high recidivism rates. Prop. 5
exacerbates all that is wrong with Prop. 36 and costs millions of
dollars to boot!

In this instance, the Drug Policy Alliance seeks to build upon their
success in getting Prop. 36 past California voters in 2000 and to
expand its mandatory drug treatment diversion programs to criminals
who commit burglary, auto theft, domestic violence, child abuse,
fraud and theft of all kinds.

Unlike Prop. 36, Prop. 5 is not limited to simple drug possession
offenses. Virtually any criminal who claims to have a drug problem
would be permitted a "get-out-of-jail-free" card. For those who do
finally end up in prison, Prop. 5 shortens parole from three years to
only six months.

Additionally, while on parole these convicted criminals can test
positive for drugs, commit new misdemeanor offenses, and abscond from
supervision without fear of being returned to prison.

The stated intentions of Prop. 5 are to relieve prison overcrowding
and to provide drug treatment and rehabilitation to youth and
nonviolent offenders. Both laudable goals but, Prop. 5 will not only
fail to produce the desired results, it will cost taxpayers billions
of dollars and divert scarce resources from those that really want
sobriety to those who simply want that "get out of jail free" card.

Prop. 5 mandates that $610 million in "start-up" costs be transferred
from the general fund to the program in the first six months. Where
does this money come from in the midst of the current fiscal crisis?
Prop. 5 becomes another mandated program exempt from budget control
by the Legislature or the governor.

Prop. 5 does not create any new funding - it just redirects it away
from other programs. And, Prop. 5 is exempt from the annual state
budget review process. The $1 billion proposition is estimated to
cost annually comes right off the top - before education, public
safety, roads and infrastructure, senior services, and everything
else paid for by the state. The only way the funding can be reduced
or eliminated is through another voter-approved initiative or a
four-fifths vote of the Legislature.

This proposition is so dangerous that numerous prominent individuals
and organizations have joined together against it. All 58 elected
district attorneys in the state vehemently oppose Prop. 5. Sen.
Dianne Feinstein and Lt. Gov. John Garamendi are vocal opponents. So
are Attorney General Jerry Brown and every former California attorney
general, the California State Sheriffs' Association, the Police
Chiefs of California, MADD, former Govs. Pete Wilson, Gray Davis,
George Deukmejian, League of United Latin American Citizens (LULAC)
and virtually every major newspaper across the state. Even the
California Judges Association, which rarely takes a position on state
initiatives, has issued a blistering denunciation of its provisions.

As the chief law enforcement officers of this county, we would ask
you to take the time to educate yourselves about this dangerous
threat to public safety by reviewing the www.NoOnProposition5 Web
site. For the protection of our communities, please vote "no" on
Prop. 5 and tell all your friends and family to vote "no."