Welcome to another edition of Better Know the Ballot.
Just in case you've missed the previous editions, Better Know the Ballot is a series of diaries in which I take a look at initiatives and propositions on the ballot and give an objective overview, followed by my personal analysis and opinion.
I'm a resident of San Francisco, CA, and so most of the issues I'm going to cover are either based in California, or even more locally to me. However, if anyone wants me to cover any other issues from elsewhere, and has adequate information to provide, just let me know, and I'll try to cover them.
Anyway, onto Proposition 5!
Proposition 5 is an initiative statute known as NONVIOLENT DRUG OFFENSES. SENTENCING, PAROLE AND REHABILITATION.
Summary
* Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.
* Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.
* Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies.
* Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries.
* Creates 19 member board to direct parole and rehabilitation policy.
Fiscal Impact
* Increased state costs over time potentially exceeding $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community.
* State savings over time potentially exceeding $1 billion annually due primarily to reduced prison and parole operating costs.
* Net one-time state savings on capital outlay costs for prison facilities that eventually could exceed $2.5 billion.
* Unknown net fiscal effect on county operations and capital outlay.
Proposal
This measure (1) expands drug treatment diversion programs for criminal offenders, (2) modifies parole supervision procedures and expands prison and parole rehabilitation programs, (3) allows inmates to earn additional time off their prison sentences for participation and performance in rehabilitation programs, (4) reduces certain penalties for marijuana possession, and (5) makes miscellaneous changes to state law related mainly to state administration of rehabilitation and parole programs for offenders. Each of these proposals is discussed separately below as well as their combined fiscal effects on the state and local governments.
For full, detailed analysis of this legislation, visit the CA Voter Guide Online.
Vote Summaries
YES
A YES vote on this measure means: Drug treatment diversion programs available primarily for persons charged or convicted for a nonviolent drug possession crime would be expanded. Some parole violators would be diverted from state prison and parole terms would be reduced for others. New rehabilitation programs would be expanded for offenders before and after they leave prison. Some inmates might receive additional credits to reduce the time they stay in state prison. Possession of less than 28.5 grams of marijuana would have a lesser penalty than under current law.
NO
A NO vote on this measure means: State and local governments would determine whether to expand existing drug treatment diversion programs in the future. State correctional officials would continue to have the discretion to return various categories of parole violators to state prison, and parole terms would remain at three years for most parolees. The state would not be obligated to further expand rehabilitation programs for inmates, parolees, and other offenders. The current rules for awarding credits to inmates to reduce their time in prison would continue. The penalty for possession of less than 28.5 grams of marijuana would remain unchanged.
Argument Summaries
PRO
Proposition 5 safely reduces prison overcrowding. For youth, it creates drug treatment programs. None now exist. For nonviolent offenders and parolees, it expands rehabilitation. Prop. 5 enlarges successful, voter-approved Proposition 36 (2000), providing treatment with close supervision and strict accountability for nonviolent drug offenders. Prop. 5 saves $2.5 billion.
CON
Shortens parole for methamphetamine dealers from 3 years—to 6 months. Loophole allows defendants accused of child abuse, domestic violence, vehicular manslaughter, and other crimes to effectively escape prosecution. Strongly opposed by Mothers Against Drunk Driving (MADD). Establishes new bureaucracies. Reduces accountability. Could dramatically increase local costs and taxes.
For full arguments in favor and opposed to this proposition, visit the CA Voter Guide Online.
Personal Analysis
I may be preaching to the choir on this one, but I'll say it anyway. There are a multitude of reasons that drug policies across this country are failing. When it comes to marijuana especially, we're wasting the time of cops, the courts, and our tax dollars, to prosecute users of a substance that harms society less than alcohol.
There are a huge number of people that go to prison for drug offenses that are nonviolent, crowding them and forcing us to put more tax dollars into the prison system, which is very much appreciated by the Prison Guards in this state. At the same time we're punishing people for these drug offenses, they're not getting any help if they do have a substance abuse problem, paving the way for further subsequent trips to prison, again at the taxpayers' expense.
It's a well-known statistic that America accounts for five percent of the world's population but a full twenty-five percent of the world's imprisoned population. The "Drug War" is largely responsible for this.
Locking people away for years for drug offenses is not helpful to society in any way. Providing drug abusers with rehabilitation options, along with job training and other social skills outlined by Proposition 5, on the other hand, helps make more people more useful to society, while freeing up tax dollars to go to schools, infrastructure, and healthcare, instead of to build more prisons.
Personal Endorsement
Vote YES on Proposition 5.
So ends the latest edition of Better Know the Ballot. If you found this useful, see my earlier diaries from this series:
CA Proposition 1A: High-Speed Rail
CA Proposition 2: Against Cruelty to Farm Animals
CA Proposition 4: Parental Notification for Minors' Abortions