Thursday, October 9, 2008

Focus on Proposition 5: The Nonviolent Offender Rehabilitation Act

In a previous post, I briefly presented the three criminal-justice-related propositions on the California ballot. In this post, and two more posts to follow, I'll expand about each of these, starting today with Proposition 5.

NORA, or the Nonviolent Offender Rehabilitation Act, builds on the ruins of Prop 36, which was passed in 2000. Prop 36 promised drug abuse treatments for offenders charged with simple possession. Since 2000, the plan received praise as well as critique. Some point to a reduction in recidivism, and others highlight that less than half of the offenders complete treatment. Recently, Prop 36 lost close to half its allocated budget through gubernatorial fund cuts (and here's what the critics think about the cuts).

NORA aims to propose a modified version of Prop 36, and it might affect drug offenders in a variety of ways. It emphasizes rehabilitation as an answer to the prison overcrowding crisis, and provides mechanisms that exist in a variety of countries, such as drug treatment which is not accompanied by an official conviction. In this post, I'd like to highlight some aspects of Prop 5, some of which have not been emphasized on other web discussions.

As mentioned in an earlier post, "nonviolent drug offenses", for the purposes of Prop 5, include simple possession of drugs or paraphernalia, as well as being under the influence. Any such scenario that includes trafficking purposes is excluded from this definition.

The drug treatment programs offered by Prop 5 follow a principle of "harm reduction", and would be personalized to fit the particular offender and his or her circumstances. They could include science-based instruction, outpatient services, residential treatment, medication, mental health, and aftercare.

The proposition offers three tracks of diversion and treatment, which are left to the court's discretion:
• Track I: treatment diversion with deferred entry of judgment (carrying no criminal conviction)
• Track II: treatment diversion after a conviction, as a probation requirement, including sealing of records after probation
• Track III: treatment diversion after a conviction for possession of controlled substances: other nonviolent offenses: judicial discretion (for people who failed Track II and continue to have a problem). I should point out that "second chances" are a crucial component of drug programs, because it is unrealistic to expect addicts not to "fall off the wagon".

Placement is established upon clinical evaluation and is quite flexible.

Prop 5 also addresses the meaning of drug treatments in prison. Successful completion of drug programs in prison would provide "good behavior" credits, equivalent to those earned through work, which add up and might lead to one's early release. Another important and often neglected aspect of Prop 5 is its emphasis on reentry. Under the proposed legislation, contact with the offender is established 90 days before release from prison, in an attempt to create a good support network, workwise and treatmentwise, upon release.

In addition to these, Prop 5 also includes provisions that make it more difficult to return offenders to prison due to technical parole violations. When the violation is a misdemeanor, non-incarceration options are prioritized.

Prop 5 would require a reorganization of the CDCR, adding a Secretary of Rehabilitation and Parole with increased resources devoted to parole, probation, and rehabilitative programs in prison. There are also a variety of fact-based assessment mechanisms, built to examine the success of Prop 5 programs, including academic evaluation studies and research conferences.

How much money will this cost? The answer to that question is uncertain, as expenses on programs may be offset by savings in prisons. The amount of savings would depend on the success of drug programs in reducing recidivism. What do you think?

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