BILL ANALYSIS
AB 750
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 750 (Bass)
As Amended September 1, 2009
Majority vote
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|ASSEMBLY: |53-24|(July 2, 2009) |SENATE: |24-16|(September 4, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Creates a deferred entry of judgment (DEJ) program for
first-time, non-violent drug offenders.
The Senate amendments :
1)Specify that 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.
2)Clarify that local law enforcement agencies and counties
administering the programs may seek federal or private funding
for the purpose of implementation. Eliminates state funding
as an option.
AS PASSED BY THE ASSEMBLY , this bill:
1)Authorized a superior court, with the concurrence of the
prosecuting attorney of the county, to create a DEJ reentry
program aimed at preventing recidivism among first-time,
non-violent felony drug offenders. Specified the
characteristics of that program and the process for
eligibility for the program.
2)Provided that a superior court, with the concurrence of the
prosecuting attorney of the county, may create a "Back on
Track" DEJ reentry program aimed at preventing recidivism
among first-time non-violent felony drug offenders. No
defendant convicted of a sex offense violation requiring
registration, serious felonies, or violent felonies shall be
eligible for the program established, as specified. When
creating this program, the prosecuting attorney, together with
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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 DEJ program
pursuant to the provisions of this chapter. The agreement
shall specify which low-level, non-violent felony drug
offenses under the Health and Safety Code will be eligible for
the program and a process for selecting participants.
3)Stated that the prosecuting attorney shall determine whether a
defendant is eligible for participation in the DEJ reentry
program.
4)Provided that 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.
5)Provided that 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 DEJ
hearing at the arraignment.
6)Stated that 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 DEJ is a
post-conviction 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.
7)Stated that 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.
8)Provided that a defendant's plea of guilty shall not
constitute a conviction for any purpose unless a judgment of
guilty is entered as specified.
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9)Stated that counties that opt to create a DEJ reentry program
pursuant to this bill shall not seek state reimbursement for
costs associated with the implementation, development, or
operation of that program.
10)Stated that local law enforcement agencies and counties
administering the programs may seek state, federal, or private
funding for the purpose of implementing the provisions of this
chapter.
11)Made legislative findings that any limitation on the public's
right of access to the writings of public officials and
agencies made by its provisions is necessary to provide an
incentive for program participants to complete the diversion
program and to prevent recidivism among nonviolent offenders.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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
bill.
COMMENTS : According to the author, "Every year, more than
120,000 offenders are released from California prisons.
Approximately 70% will re-offend within three years of being
released and return to prison having claimed yet another victim.
Many thousands more cycle in and out of county jails, getting
arrested, jailed, and released, only to commit new crimes again
at enormous cost to local criminal justice systems. This cycle
is detrimental to public safety and a severe strain on precious
public resources.
"Counties need help developing effective recidivism prevention
models as a means to protect public safety and save money. The
San Francisco District Attorney's Office's 'Back On Track'
program provides such a model. Back On Track combines strict
accountability with preparedness training to break the cycle of
crime and prevent recidivism among nonviolent first-time drug
offenders.
"Back On Track was launched in recognition that former offenders
exit jail utterly unprepared to live crime-free and without
having meaningfully addressed their underlying problems that
contributed to criminal behavior, including lack of job
readiness, lack of education, substance abuse problems, and lack
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of housing, among others. The program mandates strict court
monitoring and supervision, while providing basic job readiness
skills, parenting accountability, and other training and
oversight to offenders who have sustained their first felony
drug-arrest. After pleading guilty, sentencing is deferred
while offenders are closely monitored and supervised in making
progress over 12 months toward self-sufficiency. Back on Track
connects participants with institutions and individuals who
train participants to secure and embrace legitimate employment
and substantial educational opportunities. The results have
been promising: Back On Track not only reduces recidivism, it
also saves money. Among low-level, non-violent, non-gang
affiliated drug offenders, the two-year recidivism rate for Back
On Track graduates is less than 10%, significantly lower than
the 54% recidivism rate for drug offenders across the state.
Back On Track costs less than $5,000 per participant, compared
to $35,000 to $50,000 for a year in county jail. As a result,
the Back On Track program has been selected as a national model
by the National District Attorneys Association.
"AB 750 authorizes county agencies to voluntarily undertake this
model at the local level. The Back On Track model outlined in
AB 750 encourages public private partnerships to develop the
program and utilizes existing county and community resources to
provide training to participants. The program's success at
reducing recidivism provides a path for other jurisdictions to
follow. By reducing recidivism and saving money, Back On Track
is an effective public safety program that California should
embrace."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0002805