California Proposition 5 (2008)

Elections in California
Federal government Presidential elections 1852 1856 1860 1864 1868 1872 1876 1880 1884 1888 1892 1896 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 Primary elections Democratic 2000 2004 2008 Republican 2000 2004 2008 2012 United States Senate elections 1950 1980 1982 1986 1988 1992 1992 (special) 1994 1998 2000 2004 2006 2010 2012 Congressional elections At-Large (1849-1863) 1864 1866 1868 1870 1872 1874 1876 1878 1880 1882 1884 1886 1888 1890 1892 1894 1896 1898 1900 1902 1904 1906 1908 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 12th (1946) 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 11th (2006) 2008 2010 2012 2014 Special elections to the House 5th (2005) 48th (2005) 36th (2007) 12th (2008) 10th (2009) 32nd (2009) 36th (2011)
State government (executive) Gubernatorial elections 1861 1906 1910 1914 1918 1922 1926 1930 1934 1938 1942 1946 1950 1954 1958 1962 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2003 (recall) 2006 2010 2014 Lieutenant governor elections 1994 1998 2002 2006 2010 Secretary of State elections 1994 1998 2002 2006 2010 2014 Controller elections 1994 1998 2002 2006 2010 Treasurer elections 1994 1998 2002 2006 2010 Attorney General elections 1994 1998 2002 2006 2010 Insurance Commissioner elections 1994 1998 2002 2006 2010 SPI elections 1994 1998 2002 2006
State government (legislative) State Senate elections 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 Special State Assembly elections 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 Special
State government (judicial) Court of Appeals elections 1994 1998 2002 2006
Propositions 1910-1919 1911 4 7 8 1960-1969 1964 14 1970-1979 1972 11 17 1978 8 13 Briggs Initiative 1980-1989 1982 8 1986 64 65 1988 98 99 1990-1999 1996 196 209 215 218 1998 6 10 227 2000-2009 2000 21 22 36 39 2003 53 54 2004 1A 55 56 57 58 59 60 60A 61 62 63 64 65 66 69 71 2005 73 74 75 76 77 78 79 80 2006 81 82 83 85 87 89 90 2008 91 92 93 94, 95, 96, and 97 98 and 99 1A 2 3 4 5 6 7 8 9 10 11 12 2009 13 1A 1B 1C 1D 1E 1F 2010-2019 2010 13 14 15 16 17 19 20 21 22 23 24 25 26 27 2012 29 30 32 34 37 38 39 Full list
Elections by year State elections Nov 1992 Nov 1994 Nov 1996 Nov 1998 Nov 2000 Nov 2002 Nov 2004 Nov 2005 Nov 2006 Feb 2008 Jun 2008 Nov 2008 May 2009 Jun 2010 Nov 2010 Jun 2012 Nov 2012
Los Angeles Mayoral elections 1896 1898 1900 1902 1904 1906 1909 (M) 1909 (N) 1911 1913 1915 1917 1919 1921 1923 1925 1929 1933 1937 1938 1941 1945 1949 1953 1957 1961 1965 1969 1973 1977 1981 1985 1989 1993 1997 2001 2005 2009 2013 General elections 2009 2011 2013 City Attorney elections 2009
San Diego Mayoral elections 2004 2005 2008 2012 City Council elections 2002 2004 2006 2008 2010 2012
San Francisco Mayoral elections 1975 1979 1983 1987 1991 1995 1999 2003 2007 2011 Board of Supervisors elections 1977 1996 1998 2000 2002 2004 2006 2008 2010 2012 General elections Mar 2004 Nov 2004 Nov 2005 Jun 2006 Nov 2006 Nov 2007 Feb 2008 Jun 2008 Nov 2008 Nov 2009 Jun 2010 Nov 2010 Nov 2011 Jun 2012 Nov 2012

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;
• Jacob Goldfield, $1,400,000.
• Bob Wilson, $700,000;
• John Sperling, $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
• Rational Recovery 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, $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.

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

Editorial boards opposed

• The Los Angeles Times
• The Pasadena Star News

Results

Proposition 5
Choice	Votes	Percentage
No	7,566,783	59.48%
Yes	5,155,206	40.52%
Valid votes	12,721,989	92.57%
Invalid or blank votes	1,021,188	7.43%
Total votes	13,743,177	100.00%
Voter turnout	79.42%

External links

Official campaigns

• Yes on Proposition 5
• No on Proposition 5

Additional 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

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