(October 29, 2008) The California Chamber of Commerce opposes Proposition 5, the General Election ballot measure which proposes to reduce state prison costs by creating a three-tiered probation system for designated “nonviolent offenders,” building on and expanding programs enacted when voters passed Proposition 36 in 2000.

Specifically, the measure would:

• Expand the number of drug offenders eligible for diversion and treatment programs to include those charged with “nonviolent,” offenses including domestic violence, child abuse, burglary, identity theft, vehicular manslaughter, grand theft, and drug dealing;
• Reduce parole supervision for those convicted of nonviolent offense, including those listed above;
• Increase parole revocation for some violations of parole conditions;
• Expand the California Department of Corrections and Rehabilitation to include new leadership positions and numerous divisions, boards commissions and treatment programs; and
• Increase funding for rehabilitations and drug treatment.

The measure also reduces penalties for business-related crimes by permitting commercial burglars, organized crime, mortgage fraud, identify theft, vehicular manslaughter, insurance fraud and auto theft to avoid incarceration and remain in the community.

Proposition 5 allows habitual criminals to remain in the community under reduced supervision, a recipe for increased crime and violence. Indeed UCLA study found that 56 percent of parolees were returned to prison within 12 months of being refereed to Proposition 36 in its report released in 2005. The measure would also limit a judge’s ability to hold parole violators accountable.

The Legislative Analyst’s Office estimates that additional funding and programs under Proposition 5 are estimated to cost $1 billion annually. Actual costs are potentially much higher because of increased risk of property crime. In 2004, the total economic loss to property crime was almost $ 15 billion, while identity theft in 2005 caused a total of $56.6 billion in losses.

Statewide Opposition

Newspapers statewide are recommending voters reject Proposition 5. The following newspapers have opposed Proposition 5:

• Los Angeles Times  
• San Diego Union-Tribune  
• Riverside Press-Enterprise  
• Santa Rosa Press Democrat  
• Manteca Bulletin  
• North County Times  
• Pasadena Star-News    
• San Jose Mercury News   
• Long Beach Press-Telegram  
• Redding Record Searchlight   
• San Gabriel Valley Tribune  
• Torrance Daily Breeze  
• Modesto Bee  
• Santa Cruz Sentinel
• Fresno Bee
• Sacramento Bee
• Oakland Tribune
• San Francisco Chronicle
• Bakersfield Californian
• Contra Costa Times
• Fremont Argus
• Hayward Daily Review
• Tri-Valley Herald
• Alameda Times Star
• San Mateo County Times
• Antelope Valley Press
• Whittier Daily News

CalChamber Position

The CalChamber Board of Directors voted at its September 5 quarterly meeting to oppose Proposition 5.
“This measure would reduce penalties for crimes against business and would limit the ability of judges to hold parole violators accountable. Property and white collar crimes are costly for businesses and consumers,” said CalChamber President and Chief Executive Officer Allan Zaremberg.

For more information on the CalChamber’s positions on the November ballot measures, visit www.calchamber.com. 

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