Prop. 83: Exhibit A for the failure of direct democracy

by: David Dayen

Tue Nov 27, 2007 at 09:45:42 AM PST

Law enforcement leaders who pushed for a ballot initiative requiring sex offenders in California to be tracked by satellite for life are now saying that the sweeping surveillance program voters endorsed is not feasible and is unlikely to be fully implemented for years, if ever [...]

The difficulties include the impracticality of tracking sex offenders who no longer must report to parole or probation officers, the lack of any penalty for those who refuse to cooperate with monitoring and the question of whether such widespread tracking is effective in protecting the public.

The biggest issue, however, is that the law does not specify which agency or government should monitor felony sex offenders -- and shoulder hundreds of millions of dollars a year in related costs.

That said, these same law enforcement officials claim that the law is worthwhile, mainly because they don't want the egg on their face for the next 20 years, and they can quietly put the whole thing to rest once everyone forgets about it.

In truth, the unworkability of this law, which trades liberty for security and provides neither, making it far more difficult to track sex offenders while beginning a slippery slope toward lifetime surveillance of anyone who commits a crime we collectively decide not to like in the future, was obvious from the beginning.  It was written poorly, and maybe some of that can be fixed.  But the restrictions on housing have caused ex-cons to live under bridges, which seems to me to set the table for them to commit more crimes so they can get some shelter.  The lack of reporting to parole officers, too, just drops these offenders off the map - when the point is supposed to be to FURTHER track them so they don't molest again.

This is also about the dangers of ballot-box budgeting.  With the vague nature of the funding in the law, everyone's trying to force payment on somebody else.

Gov. Arnold Schwarzenegger and state law enforcement leaders, who were allied in backing the measure, are engaged in a standoff over who should bear its financial burden.

"I don't know of any agency that has the resources to track and monitor . . . in real time," said Vacaville Police Chief Richard Word, president of the California Police Chiefs Assn. "You'll need an air traffic controller to track these folks." [...]

Corrections analysts estimate that it costs the state up to $33 a day in equipment and labor to monitor a sex offender by GPS, and it would take nearly $90 million a year just to track the 9,000 now on parole if all were subject to Proposition 83.

Once offenders are discharged from parole, the state will no longer monitor them electronically, Corrections Secretary James Tilton said last month, because his department lacks jurisdiction at that point. The agency also is overextended, with an overcrowded prison system under review by the federal courts.

Nick Warner, a lobbyist and spokesman for the California State Sheriffs' Assn., said the state's refusal to monitor sex offenders after parole "passes the buck to local law enforcement, who are not equipped to handle them." He said the state was "setting up communities to fail" and predicted that the matter would end up in court.

Schwarzenegger, who faces a $10-billion state budget gap next year, said through spokesman Bill Maile that he would wait for the sex offender board to address the question of who should fund lifetime GPS tracking before taking a position on the issue.

The law is clearly unworkable and unsuccessful.  Yet it got 70% of the vote because these flaws were hidden from public scrutiny.  And as a result, everyone is afraid to say we should scrap it, due to political factors.

Welcome to your direct democracy in action!

See also:
Jessica's Law Tag
What California should learn from the Genarlow Wilson case (but almost certainly won't)