Section 1000.8 Of Chapter 2.6. Deferred Entry Of Judgment Reentry Program From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.6.
1000.8
. 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.