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California Proposition 5, or the Nonviolent Offender Rehabilitation Act (or NORA), was an initiated state statute that appeared as a
ballot measure A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
on the November 2008 ballot in
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
. 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 George Soros (born György Schwartz; August 12, 1930) is an American investor and philanthropist. , he has a net worth of US$7.2 billion, Note that this site is updated daily. having donated more than $32 billion to the Open Society Foundat ...
, $1,400,000; * Jacob Goldfield, $1,400,000. * Bob Wilson, $700,000; *
John Sperling John Glen Sperling (January 9, 1921 – August 22, 2014) was an American billionaire businessman who is credited with having led the contemporary for-profit education movement in the United States The fortune he amassed was based on his founding ...
, $500,000; * The Drug Policy Alliance Network, $400,000.


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.


Opposition

People Against the Proposition 5 Deception is the official committee against the proposition. Other opponents include: * Actor
Martin Sheen Ramón Gerard Antonio Estévez (born August 3, 1940), known professionally as Martin Sheen, is an American actor. His work spans over six decades of television and film, and his accolades include three Emmy Awards, a Golden Globe Award, and ...
*
Rational Recovery Rational Recovery (RR) was a commercial vendor of material related to counseling, guidance, and direct instruction for addiction designed as a direct counterpoint to Alcoholics Anonymous (AA) and twelve-step programs. Rational Recovery was founded ...
founder Jack Trimpey


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 detail * 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 * Margaret Whitman, $250,000 * A Jerrold Perenchio, $250,000 * Sycuan Band of the Kumeyaay Nation, $175,000 *
California Republican Party The California Republican Party (CAGOP) is the affiliate of the United States Republican Party in the U.S. state of California. The party is based in Sacramento and is led by chair Corrin Rankin. As of October 2023, Republicans represent app ...
, $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 The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...
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. 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.


Newspaper endorsements

*
The Huffington Post ''HuffPost'' (''The Huffington Post'' until 2017, itself often abbreviated as ''HPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and covers p ...


Editorial boards opposed

* The
Los Angeles Times The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
*The Pasadena Star News


Results


References


External links


Official campaigns


Yes on Proposition 5

No on Proposition 5


Further reading





* ttp://www.democracynow.org/2008/11/3/california_attorney_general_vs_drug_policy 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





Smart Voter Guide to Proposition 5


{{CA2008elections 5 Initiatives in the United States