Proposition Summary

NONVIOLENT DRUG OFFENSES. SENTENCING, PAROLE AND REHABILITATION. INITIATIVE STATUTE. 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. Summary of Legislative Analyst’s Estimate of Net State and Local Government 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.

Proposition Number

5

Year

2008

Document Type

Proposition

Pass/Fail

Fail

Popular Vote Results

Y:5155206;A:40.5;N:7566783;B:59.5

Election Type

General Election

Proposition Type

Initiative STATUTE.

For Author

JEANNE WOODFORD, Former Warden, San Quentin State Prison; DANIEL MACALLAIR, Executive Director, Center on Juvenile and Criminal Justice; DR. JUDITH MARTIN, President, California Society of Addiction Medicine

Against Author

CHARLES A. HURLEY, CEO, Mothers Against Drunk Driving (MADD); JERRY DYER, President, California Police Chiefs Association; BONNIE M. DUMANIS, President, California District Attorneys Association

Rebuttal Author

LAURA DEAN-MOONEY, National President, Mothers Against Drunk Driving (MADD); THE HONORABLE STEVE COOLEY, District Attorney, County of Los Angeles; SENATOR JEFF DENHAM, Co-Chair, People Against the Proposition 5 Deception

Rebuttal Against Author

JUDGE JAMES P. GRAY, Orange County Superior Court; NORM STAMPER, Former Assistant Chief of Police, San Diego; ALBERT SENELLA, Chief Operating Officer, Tarzana Treatment Centers

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