BILL ANALYSIS
AB 750
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 750 (Bass) - As Introduced: February 26, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
1)This bill explicitly authorizes a superior court, with the
concurrence of the district attorney, to develop and operate a
deferred entry of judgment (DEJ) reentry program targeting
nonviolent offenders, with the goal of reducing recidivism.
This authorization includes a series of specified program
characteristics and procedures, including:
a) A dedicated calendar or a locally developed DEJ reentry
program.
b) Leadership by a judicial officer assigned by the
presiding judge.
c) Transitional services for each participant, based on
available resources.
d) Legal incentives, including modifying conditions of
probation, dismissal or reduction of criminal charges upon
successful program completion and assistance with expunging
prior criminal convictions.
e) Graduated sanctions and frequent, ongoing appearances
before the court.
f) A court shall hold a hearing to determine a defendant's
program eligibility.
g) If the prosecuting attorney determines this program is
appropriate for a defendant, he or she shall advise the
defendant of DEJ procedures and provide an explanation that
in lieu of trial, the court may grant DEJ if the defendant
pleads guilty to each charge 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.
AB 750
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FISCAL EFFECT
1)No direct state or local costs as the program models provided
in this bill are permissive. Local governments and courts can
develop these types of programs now, absent this legislation.
Should a superior court opt to implement a DEJ reentry program
pursuant to AB 750, the Administrative Office of the Courts
(AOC) estimates the annual cost to each court could be up to
$1.1 million, depending on the scope and design of the
program. According to the AOC, given existing trial court
budget constraints, caseload backlog, and an insufficient
number of judges to meet current demands, a new DEJ reentry
program could not be implemented without diverting existing
trial court resources or increasing trial court funding for
this purpose.
2)Local costs depend on the extent of the program - number of
participants, local procedures, staffing, and availability and
cost of local treatment and service providers. San Francisco
estimates, for example, costs of about $5,000 per participant
in its program, which has 100 program slots and serves as the
model for this bill.
3)Unknown state and local law enforcement and incarceration
savings to the extent DEJ and reentry programs are successful
in reducing recidivism. San Francisco estimates its efforts in
this area have reduced recidivism among non-violent,
non-serious first-time drug offenders from 57% to 10%.
COMMENTS
1)Rationale. The author's goal is to provide a codified DEJ
reentry model for other counties, based on San Francisco's
existing Back on Track Program, in place since 2004. Back on
Track operates as follows:
Eligibility is restricted to first-time young adult drug
offenders. Defendants with histories of gang involvement, gun
possession or violence are ineligible. Preference is given to
offenders who are parents of young children. When an
individual is arrested for drug sales or possession-for-sale,
the D.A.'s office reviews the case to determine eligibility.
The D.A.'s office then advises the court and the defendant of
the option to enter the program.
AB 750
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A defendant who agrees to participate is released from jail
and ordered to report to a case manager for orientation and a
six-week screening to test motivation and commitment. During
this period, participants perform 120-220 hours of restorative
community service and engage in employment readiness and
education activities. Upon successful completion of the
initial six-week phase, participants are referred to the Back
on Track reentry court, managed by a panel of judges under the
leadership of U.S. District Court Judge Thelton Henderson and
Superior Court Judge John Dearman. Participants charged with
a sales offense are required to plead guilty pursuant to a
DEJ, through which sentencing is postponed for 12 months. If
a participant is charged with a new drug case, he or she is
terminated immediately from the program and goes directly to
sentencing.
If the participant successfully completes the year-long
program and is not rearrested, the court dismisses the case,
leaving the participant with a clean adult felony record.
During the program, in collaboration with case managers and
clinical therapists, each participant develops a comprehensive
plan that outlines his or her specific educational, workforce,
family and other objectives for the 12-month program. In
addition to regular contact and individual support sessions
with their case manager, participants must appear in reentry
court every two weeks to report their progress to a judge.
2)Prior legislation , AB 2541 (Bass), was virtually identical to
AB 750 and was vetoed. The governor stated:
"Existing law allows courts to direct most low-level,
non-violent drug offenders to diversion or participation in a
deferred entry of judgment program. This bill seeks to expand
these opportunities to higher-level drug dealers. Although the
state should seek to make meaningful rehabilitation a reality
for a person convicted of a drug offense, this rehabilitation
should be concurrent with or subsequent to the imposition of
his or her rightful sentence. This bill would undermine the
state's drug laws and thereby place the public's safety in
jeopardy."
AB 750
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081