2009 California Penal Code - Section 1000.8-1000.10 :: Chapter 2.6. Deferred Entry Of Judgment Reentry Program ...

PENAL CODE
SECTION 1000.8-1000.10

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.

1000.9.  The prosecuting attorney shall determine whether a
defendant is eligible for participation in the deferred entry of
judgment reentry program.
   (a) If the prosecuting attorney determines that this section may
be applicable to the defendant, he or she shall advise the defendant
and his or her attorney in writing of that determination. This
notification shall include the following:
   (1) A full description of the procedures for deferred entry of
judgment.
   (2) A general explanation of the role and authority of the
prosecuting attorney, the program, and the court in the process.
   (3) A clear statement that in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment, and that, upon the
defendant's successful completion of the program and the motion of
the prosecuting attorney, the court will dismiss the charge or
charges against the defendant and the provisions of Sections 851.90
and 1203.4 will apply.
   (4) A clear statement that failure to comply with any condition
under the program may result in the prosecuting attorney or the court
making a motion for entry of judgment, whereupon the court will
render a finding of guilty to the charge or charges pled, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code.
   (5) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
   (b) If the prosecuting attorney determines that the defendant is
eligible for the program, the prosecuting attorney shall state for
the record the grounds upon which the determination is based and
shall make this information available to the defendant and his or her
attorney. This procedure is intended to allow the court to set the
hearing for deferred entry of judgment at the arraignment.
   (c) If the prosecuting attorney determines that the defendant is
ineligible for the program, the prosecuting attorney shall state for
the record the grounds upon which the determination is based and
shall make this information available to the defendant and his or her
attorney. The sole remedy of a defendant who is found ineligible for
deferred entry of judgment is a postconviction appeal. If the
prosecuting attorney does not deem the defendant eligible, or the
defendant does not consent to participate, the proceedings shall
continue as in any other case.
   (d) Upon a motion by the prosecuting attorney for an entry of
judgment, before entering a judgment of guilty, the court may hold a
hearing to determine whether the defendant has failed to comply with
the program and should be terminated from the program.

1000.10.  The following provisions apply to this chapter:
   (a) A defendant's plea of guilty shall not constitute a conviction
for any purpose unless a judgment of guilty is entered pursuant to
Section 1000.3.
   (b) Counties that opt to create a deferred entry of judgment
reentry program pursuant to Section 1000.8 of the Penal Code shall
not seek state reimbursement for costs associated with the
implementation, development, or operation of that program.
   (c) To the extent county resources beyond those of the superior
court and the district attorney are needed to implement the program,
those agencies shall consult with the county board of supervisors and
other impacted county agencies to assess resources before program
implementation.
   (d) Local law enforcement agencies and counties administering the
programs may seek federal or private funding for the purpose of
implementing the provisions of this chapter.


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