LAW ENFORCEMENT AND CIVIL RIGHTS GROUPS DIVIDED OVER CALIFORNIA BALLOT MEASURES

LOS ANGELES -- On Tuesday, California voters will consider three
ballot measures that propose wide-ranging changes to the state's
criminal justice system but also pit law enforcement officials
against civil rights advocates.

One initiative, Proposition 5, would increase financing for drug
rehabilitation programs and reduce penalties for some drug- and
addiction-related crimes. Another, Proposition 6, would increase
financing for law enforcement and increase penalties for drug- and
gang-related offenses. And a third, Proposition 9, would expand
victims' roles in criminal and parole proceedings, prioritize
restitution payments to victims and reduce the frequency of parole
hearings for offenders.

By financing alternatives for drug treatment, Proposition 5 would
supplement a 2000 measure, Proposition 36, which mandated drug courts
and rehabilitation for most people convicted of drug possession. The
initiative would expand the kinds of offenders eligible for drug
treatment to include those who committed non-drug-related crimes
because of addiction. For example, someone convicted of burglary
could claim he was trying to feed his drug habit and so would be
eligible for treatment instead of jail.

Proposition 5 would dismiss certain felony drug violations and seal
the records of some drug offenders after probation. The initiative
would also shorten parole for most drug offenses, reduce penalties
for marijuana possession and limit judges' discretion to imprison
certain parole and probation violators.

Ethan Nadelmann, executive director of the Drug Policy Alliance
Network, a nonprofit organization that works to ease drug penalties
and has contributed $400,000 to push Proposition 5, said the measure
would help reduce overcrowding in California prisons, which are
facing a federal takeover.

Other supporters include George Soros, the financier and
philanthropist, and Jacob Goldfield, a bond trader and associate of
Mr. Soros, who contributed $1.4 million each.

The California Correctional Peace Officers Association, the
influential prison guards' union, is the chief opponent of
Proposition 5 and has spent nearly $2 million to defeat it. Other
opponents include the California State Sheriffs' Association; Senator
Dianne Feinstein, Democrat of California; and five past California
governors, including the attorney general, Jerry Brown, a Democrat,
and Pete Wilson, a Republican. Opponents say the initiative will
reduce penalties for dangerous criminals and call Proposition 5 a
"drug dealers' bill of rights."

"The opponents of Prop. 5 are playing on the same old scare tactics
that have filled California's prisons to the bursting point," said
Mr. Nadelmann, of the Drug Policy Alliance, "even as a substantial
amount of Californians say they want more treatment instead of incarceration."

Proposition 6 calls for nearly $1 billion a year for local law
enforcement, an increase of about $365 million, and for higher
penalties for a series of gang and drug crimes. The initiative would
also allow the use of hearsay statements as evidence when witnesses
are unavailable to testify, which opponents say is unconstitutional.

Propositions 6 and 9 are both financed in part by Henry T. Nicholas
III, the billionaire co-founder of Broadcom. Mr. Nicholas is the
brother of Marsalee Nicholas, who was murdered in 1983 and is often
identified as the inspiration for Proposition 9, for which Mr.
Nicholas has contributed nearly $5 million. Mr. Nicholas was indicted
in June by a federal grand jury on drug and securities fraud charges.

California law enforcement officials say Proposition 6 would
guarantee priority spending for crucial public safety programs at a
time of perennial budget shortfalls.

Law enforcement support for Proposition 9 is less enthusiastic than
for Proposition 6; some organizations claim that many of the
proposals in Proposition 9 are already covered under California law.

Opponents of Propositions 6 and 9 say the initiatives would increase
the prison population, increase state spending and infringe upon civil rights.