Pubdate: Fri, 31 Oct 2008 Source: Times-Press-Recorder (CA) Copyright: 2008 Pulitzer Central Coast Newspapers Contact: http://www.timespressrecorder.com/ Details: http://www.mapinc.org/media/537 Authors: Deborah Linden, Joseph Cortez, and Gerald T. Shea Note: Writers: Deborah Linden is chairperson of the Criminal Justice Administrators' Association of San Luis Obispo County, and chief of police of San Luis Obispo. Joseph Cortez is a member of the Criminal Justice Administrators' Association, and chief of police of Pismo Beach. Gerald T. Shea is on the Legislative Committee of the Criminal Justice Administrators' Association, and District Attorney for San Luis Obispo County. Bookmark: http://www.mapinc.org/rehab.htm (Treatment) PROP. 5: A THREAT TO COMMUNITY SAFETY Members of the San Luis Obispo County Criminal Justice Administrators Association urge you to vote "no" on Proposition 5, misleadingly called the Nonviolent Offender Rehabilitation Act. Proposition 5 purports to expand treatment for people convicted of drug possession as an alternative to jail. But the reality of this 60-page proposition is that it would allow dangerous and violent criminals to go free, with no accountability for their crimes or for successfully completing treatment. We believe defendants who commit, for example, arson of a structure or forest land, commercial burglary, vandalism, sell drugs, steal our cars and our identities, traffic in child pornography, drive under the influence of drugs or alcohol, sexually exploit teenagers and the mentally disabled deserve incarceration. Under Proposition 5, if these criminals appear to have a problem with substance abuse or addiction, they will get probation and treatment, not jail. Thus, the real beneficiaries of Proposition 5 are those who would escape jail time for their criminal acts by claiming they weren't responsible - the-drugs-made-me-do-it defense. As Sen. Diane Feinstein, who opposes Prop. 5, said in a press release last week, "Not only would Prop 5 reduce accountability, it would allow gang members and other criminals accused of identity theft, domestic violence, child abuse, car theft, killing someone while driving under the influence and a host of other serious crimes to effectively escape prosecution." In addition, qualification criteria for drug treatment programs outlined in Prop. 5 are so slack as to make any sort of meaningful accountability virtually non-existent. For example, a drug offender who has had as many as 10 prior felony convictions during the previous 2-1/2 years for anything from auto burglary, to felony drunk driving with injury, to multiple convictions involving possession of methamphetamine or heroin, is eligible to go to drug treatment, not jail. In fact, a criminal who is in treatment under Prop. 5 instead of being incarcerated, can continue to use drugs without fear of being incarcerated. For all practical purposes, Proposition 5 would virtually decriminalize illegal drug use in California. As law enforcement leaders, we wholeheartedly support treatment for drug offenders, such as those associated with drug courts that have proven results and success. However, Proposition 5 is poorly drafted, deeply flawed and fiscally irresponsible. It will cost up to a billion dollars annually out of the state's ailing General Fund to fund a massive new bureaucracy and mandate a program for criminal offenders that provides no accountability and little likelihood of successful rehabilitation. Prop. 5 doesn't create any new streams of funding, it just redirects the money while depriving other human service programs of the funding they need to care for the people who aren't committing crimes and getting arrested, and it makes drug treatment funding for criminal defendants a state priority almost on par with education funding. Please join organizations such as Mothers Against Drunk Driving, the California Police Chiefs Association, the California State Sheriffs Association, the California District Attorneys Association, the L.A. Times, and the San Francisco Chronicle, along with Sen. Feinstein, California Attorney General Jerry Brown and your local law enforcement leaders, in keeping our community safe by voting "no" on Proposition 5. - --- MAP posted-by: Jay Bergstrom