California “Back on Track” Deferred Entry of Judgment Program – California Penal Code Section 1000

The California legislature has enacted a new law enabling Superior Courts to operate a deferred entry of judgment (“DEJ”) reentry program in lieu of jail time for first-time non-violent felony drug offenders. This law created new Penal Code sections 1000.8 to 1000.10.

A “Back on Track” deferred entry of judgment reentry program is aimed at preventing recidivism among first-time nonviolent felony drug offenders, excluding those individuals who has been convicted of a violation of an offense enumerated in Penal Code sections 290(c), and 1192.7. The law does not create a statewide program, but provides a legal framework for establishing such programs in each county. Each county will 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.

Upon defendant’s successful completion of the program and on the motion of the prosecution, the court will dismiss the charge or charges against the defendant applying provisions under Penal Code sections 851.90 or 1203.4. If an individual fails to comply with conditions of the program, the defendant risks receiving the original punishment he or she would have received for the crime committed.

If you or someone you love has been charged with a drug offense, it is important that you talk to an experienced attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in handling all types of cases. Our attorneys will guide you through the process and fully inform you of all of your options. We will let you know the risks and rewards of any available drug treatment program. Call us today at (888) 749-0034. We will be there when you call.