Proposition 5: Nonviolent Offenders. Sentencing, Parole and Rehabilitation. FAILED

Statute

• Requires State 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 court’s 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.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• 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.

(Initiative 07-0081.)

More on the CA Secretary of State's site.