PROP 5 – Vote YES
This Proposal:
This measure, the NONVIOLENT DRUG OFFENSES. SENTENCING, PAROLE AND REHABILITATION INITIATIVE STATUTE would divert certain persons convicted of nonviolent drug offenses into treatment programs rather than incarceration.
Specifically, the proposition would:
• Allocate $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.
• Limit court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.
• Substantially shorten parole for certain drug offenses but would increase parole for serious and violent felonies.
• Create a 19 member board to direct parole and rehabilitation policy.
The fiscal impact of passing this proposal would be to save taxpayers billions of dollars. Savings in excess of $1 billion annually due primarily to reduced prison and parole operating costs would be offset by an increase in state costs over time possibly in excess of $1 billion annually primarily for expanding drug treatment and rehabilitation programs. There would be an additional savings in excess of $2.5 billion due to decreased costs for prison facilities.
Background:
The state operates 33 state prisons and other facilities that had a combined adult inmate population of about 171,000 as of May 2008. The costs to operate the California Department of Corrections and Rehabilitation (CDCR) in 2008–09 are estimated to be approximately $10 billion. The average annual cost to incarcerate an inmate is estimated to be about $46,000. The state prison system is currently experiencing overcrowding because there are not enough permanent beds available for all inmates. As a result, gymnasiums and other rooms have been converted to house some inmates. Addiction and substance abuse are major driving forces for the current overcrowding crisis. Over the past two decades, the number of incarcerated nonviolent offenders has more than tripled—from 20,000 in 1986 to over 70,000 in 2006. About 20% of prisoners in California are incarcerated for a drug offense.
Proposition 36, a ballot measure approved by the voters in November 2000, established a drug treatment diversion program for offenders who are convicted of specific crimes designated as nonviolent drug possession offenses. Under Proposition 36, an offender can be sentenced to probation and treatment, instead of prison or jail. Some parole violators are also eligible for Proposition 36 diversion. Proposition 36 limits when and how sanctions, such as jail or prison time, are imposed on offenders who violate the conditions of their drug treatment programs or commit new drug possession crimes. That program has graduated more than 84,000 people and saved California taxpayers over $1.5 billion since 2001. Proposition 5 would expand that program.
Recommendation:
My recommendation is to vote YES. Drug addiction should be treated for what it is, a health issue rather than a law enforcement issue. This proposal would save billions of taxpayer dollars and free up much needed prison space for real criminals. Although opponents claim that Prop 5 would allow drug dealers and felons to avoid jail, this is a distortion of the truth. Offenders convicted of a serious or violent felony are not eligible for diversion. Prop 5 only impacts nonviolent drug offenders and does not prohibit judges from using their discretion. Under Prop 5, a nonviolent offender with a drug problem may be diverted to treatment, if the judge finds that drugs motivated the nonviolent crime and that drug treatment would be in the best interests of public safety. The offender does not make that call—the judge does.
For more information: Voter Information Guide – Prop 5
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by David Boaz or 
by David Bergland, both excellent books on libertarian thought.
