A superior court, with the concurrence of the prosecuting attorney of the county, may create a “Back on Track” deferred entry of judgment reentry program aimed at preventing recidivism among first-time nonviolent felony drug offenders. No defendant who has been convicted of a violation of an offense enumerated in subdivision (c) of Section 290 or in Section 1192.7 shall be eligible for the program established in this chapter. When creating this program, the prosecuting attorney, together with the presiding judge and a representative of the criminal defense bar selected by the presiding judge of the superior court may agree to establish a “Back on Track” deferred entry of judgment program pursuant to the provisions of this chapter. The agreement shall specify which low-level nonviolent felony drug offenses under the Health and Safety Code will be eligible for the program and a process for selecting participants. The program shall have the following characteristics:
(a) A dedicated calendar.
(b) Leadership by a superior court judicial officer who is assigned by the presiding judge.
(c) Clearly defined eligibility criteria to enter the program and clearly defined criteria for completion of the program.
(d) Legal incentives for defendants to successfully complete the program, including dismissal or reduction of criminal charges upon successful completion of the program.
(e) Close supervision to hold participants accountable to program compliance, including the use of graduated sanctions and frequent, ongoing appearances before the court regarding participants’ program progress and compliance with all program terms and conditions. The court may use available legal mechanisms, including return to custody if necessary, for failure to comply with the supervised plan.
(f) Appropriate transitional programming for participants, based on available resources from county and community service providers and other agencies. The transitional programming may include, but is not limited to, any of the following:
(1) Vocational training, readiness, and placement.
(2) Educational training, including assistance with acquiring a G.E.D. or high school diploma and assistance with admission to college.
(3) Substance abuse treatment.
(4) Assistance with obtaining identification cards and driver’s licenses.
(5) Parenting skills training and assistance in becoming compliant with child support obligations.
(g) The program may develop a local, public-private partnership between law enforcement, government agencies, private employers, and community-based organizations for the purpose of creating meaningful employment opportunities for participants and to take advantage of incentives for hiring program participants.
(Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.)
Last modified: October 25, 2018