PROPOSITIONS WOULD CHANGE CRIMINAL LAWS

Although most of the attention has been focused on the Indian gaming
propositions on the Nov. 5 ballot, there are several other initiatives
involving efforts to change the criminal laws of the state that are
deserving of voter attention.

Proposition 103 would add several sexual offenses to "non-bailable"
categories, Proposition 203 would change penalties related to marijuana use
and establish a medical marijuana program, and Proposition 302 would define
requirements for treatment of drug users.

Prop 103 aims to treat the crimes of sexual assault, sexual conduct with a
minor and molestation of child more seriously, allowing a judge to deny
bail to suspects if there is a high presumption the suspect is guilty, and
therefore might flee, or if there is a possibility they will harm others if
released. Similar latitude is already allowed for some other crimes,
including murder.

While there must be concern about abuse of the legal system to detain
suspects unreasonably, sexual predators are a particular danger to society.
The harm they do, especially to children, is incalculable. The potential
threat to the victims should they be released is also great. It seems
reasonable to put them is a special category.

Propositions 203 and 302 are related to illegal drug use.

The most controversial one is Prop 203 which decriminalizes the possession
of small amounts of marijuana. While we generally agree with the idea of
decriminalizing drug use and putting the emphasis on treatment rather than
incarceration, Prop 203 has a troubling provision. It seeks to require the
state to set up a medical marijuana system and have the Department of
Public Safety act as a distributor of marijuana to certified patients.

We understand the impetus for the plan - a previous voter-approved
initiative to allow medical use of marijuana has been thwarted by state and
federal officials - but establishing a costly new state program is not the
appropriate way to address the frustration felt by supporters of the idea.

Prop 302 involves the issue of drug treatment and probation. It would make
first-time personal drug users eligible for probation and drug treatment
rather than incarceration. However, it would allow incarceration if the
person refused treatment or violated probation. This is a sensible approach
to dealing with minor drug offenders.