2008 California Proposition 5

none May 2025 May 2025 California Proposition 5, or the Nonviolent Offender Rehabilitation Act (or NORA), was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California. It was disapproved by voters on November 4 of that year. Provisions of the initiative Proposition 5: Requires California to expand and increase funding and oversight for individualized treatment and rehabilitation programs for nonviolent drug offenders and parolees. Reduces criminal consequences of nonviolent drug offenses by mandating three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation. Limits the courts' authority to incarcerate offenders who violate probation or parole. Shortens parole for most drug offenses, including sales, and for nonviolent property crimes. Creates numerous divisions, boards, commissions, and reporting requirements regarding drug treatment and rehabilitation. Changes certain marijuana misdemeanors to infractions. Fiscal impact analysis According to the state of California, the initiative, if it passes, would lead to: Increased state costs that could exceed $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community. Savings to the state that could exceed $1 billion annually due primarily to reduced prison and parole operating costs. Net savings on a one-time basis on capital outlay costs for prison facilities that could exceed $2.5 billion. Unknown net fiscal effect on expenditures for county operations and capital outlay. Supporters The official proponent of the measure is Daniel Abrahamson. Argument in favor of Prop 5 Notable arguments that have been made in favor of Prop 5 include: Prop 5 would reduce pressure on overcrowded and expensive prisons. Prop. 5 creates treatment options for young people with drug problems that do not exist under current law Voter-approved Proposition 36 provided treatment, not jail, for nonviolent drug users. One-third have completed treatment and became productive, tax-paying citizens. Since 2000, Prop. 36 has graduated 84,000 people and saved almost $2 billion." Donors to the Prop 5 campaign As of September 6, 2008, the five largest donors to the "Yes on 5" campaign are: George Soros, $1,400,000;http://data.sacbee.com/capalert/login.html?prv=http%3A%2F%2Fwww.sacbee.com%2Fstatic%2Fweblogs%2Fcapitolalertlatest%2F015028.html Sacramento Bee, "George Soros adds $400,000 to Yes on 5", September 3, 2008 April 8, 2019 https://web.archive.org/web/20080918094351/http://data.sacbee.com/capalert/login.html?prv=http%3A%2F%2Fwww.sacbee.com%2Fstatic%2Fweblogs%2Fcapitolalertlatest%2F015028.html September 18, 2008 dead mdy-all Jacob Goldfield, $1,400,000. Bob Wilson, $700,000; John Sperling, $500,000; The Drug Policy Alliance Network, $400,000.Details of $5,000+ donations Path to ballot The petition drive conducted to qualify the measure for the fall ballot was conducted by Progressive Campaigns, Inc. at a cost of about $1.762 million.Campaign expenditure details Opposition People Against the Proposition 5 Deception is the official committee against the proposition. Other opponents include: Actor Martin Sheenhttp://latimesblogs.latimes.com/lanow/2008/08/no-on-prop-5-li.html The Los Angeles Times L.A. Now August 27, 2008 Rational Recovery founder Jack Trimpeyhttp://www.rational.org/blog/57/ In Case Democracy is Still Working, Vote NO on Prop 5 » Rational Recovery News & Information Blog 2008-11-11 https://web.archive.org/web/20090130041908/http://www.rational.org/blog/57/ 2009-01-30 dead Arguments against Prop 5 Notable arguments that have been made against Prop 5 include: Proposition 5 has been called the "Drug Dealers’ Bill of Rights" because it shortens parole for methamphetamine dealers and other drug felons from 3 years to 6 months. This measure may provide a 'get-out-of-jail-free' card to many of those accused of other crimes by claiming drugs made them do it, letting them effectively escape criminal prosecution." Proposition 5 establishes two new bureaucracies with virtually no accountability, and which will cost hundreds of millions in taxpayer dollars. This is a long law that changes many statutes that most voters will not even read in sufficient detailhttp://www.sacbee.com/110/story/1284905.html Sacramento Bee, "Our View: Judges believe Proposition 5's flaws are fatal", October 3, 2008 2008-10-07 https://web.archive.org/web/20081007042529/http://www.sacbee.com/110/story/1284905.html 2008-10-07 dead Addicted defendants will be permitted five violations of probation or treatment failures based on drug use, and judges will be unable to meaningfully intervene until the sixth violation. Donors to no on 5 Campaign As of October 16, 2008, the ten largest donors for 'No on 5' are: California Correctional Peace Officers Association, $1,000,000 http://www.followthemoney.org/database/StateGlance/committee.phtml?c=3357 PEOPLE AGAINST THE PROPOSITION 5 DECEPTION 4 November 2012 Margaret Whitman, $250,000 A Jerrold Perenchio, $250,000 Sycuan Band of the Kumeyaay Nation, $175,000 California Republican Party, $238,000 Save Our Society From Drugs, $115,000 Los Angeles Police Protective League, $101,800 California Beer & Beverage Distributors, $100,000 California Narcotics Officers Association, $60,000 Peace Officers Research Association of California, $56,000 Lawsuit to remove from ballot Opponents of Proposition 5, including thirty-two district attorneys and former California governors Pete Wilson and Gray Davis, petitioned the California Supreme Court to issue a preemptory writ of mandate to remove Proposition 5 from the November ballot. The lawsuit alleges that Proposition 5 attempts to alter the constitution via statute, which is unconstitutional.http://www.foxbusiness.com/story/prop--campaign-files-state-supreme-court-remove-ballot/ No on Prop 5 Campaign Files With State Supreme Court to Remove It From the Ballot, July 17, 2008 Fox Business 2008-09-30 https://web.archive.org/web/20080919020003/http://www.foxbusiness.com/story/prop--campaign-files-state-supreme-court-remove-ballot/ 2008-09-19 dead Calif. justices asked to reject drug initiative The California Supreme Court declined to issue the preemptory writ. Generally, initiatives' constitutionality are not reviewed until after a vote has passed and the initiative becomes law.http://www.prop5yes.com/supreme-court-rejects-effort-to-strike-prop-5-from-ballot California Supreme Court rejects efforts to strike prop 5 from ballot. 2008-09-30 https://web.archive.org/web/20081003212502/http://www.prop5yes.com/supreme-court-rejects-effort-to-strike-prop-5-from-ballot 2008-10-03 dead Newspaper endorsements The Huffington Posthttp://www.huffingtonpost.com/arianna-huffington/the-battle-over-ca-prop-5_b_139474.html The Battle Over CA Prop 5: Special Interests Overwhelming the Public Interest Huffington Arianna October 30, 2008 The Huffington Post 2008-11-08 Editorial boards opposed The Los Angeles TimesLos Angeles Times, "No on Proposition 9", September 26, 2008 The Pasadena Star Newshttp://www.pasadenastarnews.com/ci_10623643 Pasadena Star News, "Dangerous Prop 5", September 2, 2008 2008-10-07 https://web.archive.org/web/20081006080003/http://www.pasadenastarnews.com/ci_10623643 2008-10-06 dead Results thumb|250px|Electoral results by county. Proposition 5http://www.sos.ca.gov/elections/sov/2008_general/sov_complete.pdf Statement of Vote: 2008 General Election California Secretary of State 2008-12-13 2009-02-21 https://web.archive.org/web/20121018225250/http://www.sos.ca.gov/elections/sov/2008_general/sov_complete.pdf 2012-10-18 dead 5155206 12721989 7566783 79.42 1021188 References External links Official campaigns Yes on Proposition 5 https://web.archive.org/web/20110129044459/http://www.prop5yes.com/ 2011-01-29 No on Proposition 5 Further reading Peter Schrag: Props. 5 and 8 will make waves nationally California Ballot Propositions May Start National Trend on Prisons and Rehabilitation of Drug Offenders and Same Sex Marriage A televised debate on Prop 5 hosted by Democracy Now Basic information California Voter's Guide for Proposition 5 Official Text of the Initiative Signatures pending validation CaliforniaPropositions.org Prop 5 information page California Voter Online guide to Proposition 5 Smart Voter Guide to Proposition 5 Election Night Results - CA Secretary of State 5 Category:Initiatives in the United States