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The Continuing Story Of California's Worst Law

by: David Dayen

Mon Aug 11, 2008 at 13:46:42 PM PDT


The assumption with Prop. 83, "Jessica's Law," was that it simply perpetuated the "Tough on Crime" myth that reactionaries have always rode to popularity.  It turns out that Jessica's Law also made a small group of contract psychologists rich for no discernible reason.

A 2006 law intended to crack down on sex offenders has proved a bonanza for a small group of private psychologists and psychiatrists, 14 of whom billed California taxpayers last year for a half a million dollars or more each, a Times investigation found.

Among the 79 contractors hired by the state to evaluate sex offenders, the top earner was Robert Owen, a Central Coast psychologist who pulled in more than $1.5 million in 2007, according to state records reviewed by The Times.

At issue is a provision in the law that mandated government-funded psychiatric evaluations for sex offenders, to determine whether or not they required hospitalization or instutionalization after their prison terms have been served.  If this resulted in actual hospital commitments, perhaps there'd be a return on investment.  But the $24 million state taxpayers have sunk into this just in 2007 has yielded nothing:

It's unclear, however, what benefit the investment has yielded. There's been a nearly ninefold increase in evaluations and a threefold increase in recommendations for hospital commitment. But the actual number of commitments has remained essentially the same -- 41 in the 18 months before the law was passed, 42 in the 18 months afterward.

As the state confronts a budget shortfall of $15.2 billion, legislation to fund contractors to evaluate offenders through 2010 is expected to be voted on in the Assembly as soon as this week. Costs from Jessica's Law are expected to rise to several hundred million dollars annually over the next eight years, with further increases thereafter, according to projections by California's legislative analyst.

What a horrible boondoggle this thing has turned out to be, doing nothing to keep anyone safe, costing the state hundreds of millions, and violating all kinds of civil rights leading to ex-offenders sleeping under bridges (which makes them far more difficult to track).  Prop. 83 is the poster child for why initiative campaigns have strayed far from their initial purpose as exercises in direct democracy, and why serious reform of the process is needed desperately.

David Dayen :: The Continuing Story Of California's Worst Law
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Disaster (0.00 / 0)
It's a motif that we see over and over again with this piece of horrific policy. Unfortunately, we have to keep writing about this as we can't just drop it.  The Runners and their ilk see no fault with thinking of new, ever more ridiculous, punishments for criminals.  But ToughOnCrimeTM has only made us less safe.

As for initiatives, well, I've said it many a time, Hiram Johnson would be embarrased with what he created. He has not empowered the individual or the public interest, but rather has given the powerful one more arrow in their quiver.

I think?


The worst part about this? (0.00 / 0)
OK.  There is so many things that qualify as the worst part about Jessica's Law, I don't know that there is a right answer to the question.

But when George Runner is confronted with all of the horrible consequenses of the law, he just sniffs, "Well, this is what the voters wanted."

What a great public official.


the runners should lose their initative writing priviledges (0.00 / 0)
Although Prop 6 also written from them, will prevent San Fransisco and other cities from handling illegal immigrant criminals who commit violent crimes, its just going to have as many unfunded mandates as Prop 83.

Although people want to remove Chester the Molester off their streets, how Prop 83 was written was unrealistic, and made the problem much worse.

Hey, I could even come up with conservative reasons to oppose 6 just as well as 83.  


6 is a POS (0.00 / 0)
It would be another bunch of unfunded mandates, forcing people in prison for longer terms.  It's just not practical.

Yet, the Runners continue.  I'm with you on their initiative privileges.  Shouldn't there be some limit or something?

I think?


[ Parent ]
Prop 6 is horrible (0.00 / 0)
and defeating it would mark a real turning point in rejecting "tough on crime" nonsense.  I fear, however, that it'll get lost in the shuffle with the other major props. on the ballot, those who come to the polls will muse "hey, I don't like gangs" and that'll be the extent of it.

[ Parent ]
My guess is (0.00 / 0)
There's going to be a big wave of "no on everything" this year as regards the props. Hopefully we can get folks to at least vote Yes on Prop 1. 4, 6, 8 are the big noes.

You can check out any time you like but you can never leave

[ Parent ]
Prop 6: Dumb On Crime (0.00 / 0)
That's what we're calling it.  

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