The Bakersfield Californian
October 19, 2008

In a recent opinion article published in The Californian, Kern County District Attorney Edward Jagels attacked Proposition 5 and asserted that thousands of property crime offenders, including embezzlers, burglars, forgers and auto thieves will be eligible for “phony” and “ineffective” drug treatment, simply by “claiming” to have a drug problem.

Nonsense. These are the same fear-mongering scare tactics used by the opponents of the enormously successful Proposition 36 drug treatment solution implemented by the voters in 2000.

An independent study conducted by UCLA showed that Proposition 36 success rates are on a par with the most effective treatment systems in the nation. That same study showed that treatment vs. incarceration for nonviolent drug offenses saves the taxpayer between $2.50 and $4 for every dollar invested in the program.

To date, the program has saved the taxpayers nearly $2 billion. Proposition 5 builds on the success of Proposition 36 by increasing funding for community drug treatment and adding the missing link: treatment for juvenile offenders.

Juvenile arrest rates for drug offenses in this state increased by 39 percent in the past few years, but less than 10 percent of adolescents in need of substance abuse treatment received it in the publicly funded system.

Proposition 5 creates the first network of treatment programs for young people, and it gives families a chance to stop the cycle of drug abuse through intervention and treatment, not prison.

Proposition 5 has nothing to do with property crime and it has nothing to do with drug sellers. Proposition 5 expressly excludes violent and serious offenders from the scope of its provisions, just as it excludes sales crimes.

This measure is endorsed by a former warden of San Quentin State Prison, the League of Women Voters, the California Nurses Association, and the executive director of the Center on Juvenile and Criminal Justice.

The independent Legislative Analyst’s Office estimates that Proposition 5 will reduce the prison population by 18,000 inmates, and reduce the state-supervised parolee population by 22,000.

This translates into a savings exceeding $1 billion annually. The Legislative Analyst’s Office also estimates that Proposition 5 will save $2.5 billion in prisons which will not have to be built.

Please read the proposition carefully and study the facts about treatment vs. incarceration. Fear-mongering is not a solution. Incarceration has been the historical answer for drug addiction. Consequently our prison population, along with the associated costs, have exploded.

The historical approach toward drug addiction has been a complete failure. We cannot afford to ignore that reality and continue the same old practices. Proposition 5 provides a reasonable, responsible solution.

Mark Arnold is Kern County’s public defender.