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A Politico December 25, 2010

Posted by Jason in Uncategorized.
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When I voted for Kamala Harris to be California’s next Attorney General, I didn’t realize she had ideas like

cracking down on truancy — including charging the parents of chronically truant children with a misdemeanor punishable by jail time and a fine. Civil libertarians and conservatives alike raised questions about the move, but Harris was unapologetic.

“My staff went bananas” at the policy, Harris said, as did school administrators. Citing statistics linking crime and truancy, she argues that she’s nipping a problem in the bud.

“My bottom line is these children have to be in school,” she said.

“There will be outrage when in 10 years they’re a menace to society hanging out on the corner.”

Her signature program is called Back on Track– it has reduced the recidivism rate from 70% to about 10% for its participants. (Full disclosure: it was small, and this was the result for a sample size of 49.) This really makes me wonder if someone is playing stat games.

Eligibility is restricted to first-time young adult drug offenders arrested with small quantities of narcotics.  Defendants are not eligible if they have histories of gang involvement, gun possession or violence.  Preference is given to offenders who are parents of young children.  When an individual is arrested for drug sales or possession-for-sale, the District Attorney’s Office reviews the case and the defendant’s criminal record to determine eligibility.  The Office then advises both the Court and the defendant of the option to enter the Back on Track program.

When a defendant agrees to participate, he or she is released from jail and ordered to report to a Back on Track Career Advisor for orientation.  Participants begin a six-week screening phase to test their motivation and commitment. During this period, participants must perform 120 hours of restorative community service and must be fully engaged in employment readiness activities.  Upon successful completion of the initial six-week phase, participants are referred to Back on Track Court, overseen by 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 Deferred Entry of Judgment, 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 District Attorney’s Office asks the Court to dismiss the case, leaving the participant with a clean adult felony record.

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