September 6th, 2008

One of the most controversial sets of laws on the ballot in the upcoming general election in California is Proposition 5. The proposition would reduce penalties from drug offenders and also mandate more drug rehab for individuals who complete jail terms or probation periods.

According to ballotpedia.org, Proposition 5 contains the follow provisions:

  • 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 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.

While the further decriminalization of drug use and drug addiction is very popular with many in the Golden State, some high-profile individuals are proposed to the measure. Most prominent among these opponents is Martin Sheen, who vehemently opposes the bill. Sheen believes in the important of drug rehab programs, but also believes that they are most effective when accompanied by accountability for the individual.

Says Sheen, “I believe in rehabilitation and not incarceration. But successful rehabilitation needs accountability and so often demands direct intervention in the life of someone who is addicted to drugs, rather than waiting for them to seek treatment ‘when they are ready.”

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