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.
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MAP posted-by: Jay Bergstrom