PROPOSITION 5 CAN'T DELIVER REJECT REHAB PROPOSAL

Proposition 5 makes a lot of promises, but in the long run, it just
can't deliver results to California taxpayers.

Consider, for example, its promise to rehabilitate substance-abusing
criminals and save money by keeping nonviolent offenders out of jail
or prison.

It sounds good. But a closer look at this very complex initiative
shows it would let drug dealers, drunken drivers, child abusers,
burglars, thieves, con artists, embezzlers and others stay on the
streets -- even if they drop out of treatment, keep using, get
arrested again or violate parole or probation.

Dubbed the Nonviolent Offender Rehabilitation Act or NORA, Proposition
5 sets up a three-track system for nonviolent offenders who claim they
broke the law because of substance abuse. It shortens parole terms and
turns marijuana misdemeanors into infractions.

If things don't work out as promised, tough luck. NORA can't be
amended without a four-fifths vote of the Legislature.

Proposition 5 expands on Proposition 36, passed in 2000, which diverts
users to drug treatment. Results of 36 have been "disappointing," the
Little Hoover Commission found. Only 24 percent of offenders completed
treatment; 42.7 percent were re-arrested on a drug charge within 30
months.

Overall, treatment-eligible offenders were more likely to be
re-arrested for new drug, property and violent crimes than similar
offenders in the pre-36 era, UCLA researchers found. Why? They were on
the streets.

Not counting victimization costs, Proposition 36 saved $2.50 for every
$1 spent, UCLA estimated, by cutting incarceration costs.

Proposition 5 would cost $1 billion a year, estimates the Legislative
Analyst, but could save the state that much by keeping offenders out
of jail and prison. One-time savings could exceed $2.5 billion by
preventing prison construction.

However, county and city officials think the savings are illusory and
fear local costs could rise. For one thing, NORA sends parole
violators to county-funded jails instead of prison. The California
State Association of Counties and the League of Cities oppose
Proposition 5.

Judges already try to keep nonviolent offenders out of overcrowded
jails and prisons, but judges can't make offenders go to treatment and
stay clean if NORA ties their hands by giving second, third, fourth
and fifth chances before offenders face meaningful sanctions.

Prop. 5 would greatly reduce parole time for many drug criminals,
including dealers. That is why police chiefs and county prosecutors
oppose the measure.

While there are several positive aspects to Prop. 5 in expanding drug
rehabilitation programs, it is a highly complex initiative statute
that does not belong on the ballot. Changes sought by Prop. 5 should
be carefully considered by the people we elect to the Legislature, who
have the time to study the issues and pass legislation to address the
problems this measure seeks to solve.