AB 666: Juveniles: sealing of records.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-30
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the persons case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the persons case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the persons case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the persons case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to those cases, the Department of Justice to be sealed according to a certain procedure. The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the persons case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions apply to certain terms of probation only if the underlying offense was committed when the minor was 14 years of age or older. do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to those cases, to be sealed according to a certain procedure, except as specified. procedure. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the persons case, including records in the custody of the juvenile court, the probation officer, or any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would, in those circumstances, also would provide that these provisions apply to certain terms of probation only if the underlying offense was committed when the minor was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, to be sealed, those cases, to be sealed according to a certain procedure, except as specified. The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of this section these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would, in those circumstances, also require records in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, to be sealed, except as specified. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(h)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 1.5.Section 786 of the Welfare and Institutions Code is amended to read:786.(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(h)This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(i)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed.
SEC. 4.Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(h)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 1.5.Section 786 of the Welfare and Institutions Code is amended to read:786.(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(h)This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(i)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed.
SEC. 4.Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and to sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(h)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 1.5.Section 786 of the Welfare and Institutions Code is amended to read:786.(a)If the a minor satisfactorily completes (a) (1) an informal program of supervision pursuant to Section 654.2, (b) (2) probation under Section 725, or (c) (3) a term of probation for any offense not listed in subdivision (b) of Section 707, offense, the court shall order the petition dismissed, and the arrest upon which the judgment was deferred shall be deemed not to have occurred. dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)The probation department of any county may access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(h)This section does not prohibit the Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(i)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed.
SEC. 4.Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 989. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative.
SEC. 4.SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest upon which the judgment was deferred and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine or fee, fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney and attorney, the probation department department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and to sealing record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine the minors fitness to be dealt with under the juvenile court law, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minors fitness to be dealt with under the juvenile court law. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(D)
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(g)
(h)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
TextPage 5.(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case. the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest upon which the judgment was deferred and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine or fee, that can be converted to a civil judgment under Section 730.6 shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790 or for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(g)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information 6 has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be be, or be subject to being, sealed.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense not listed in subdivision (b) of Section 707 committed when he or she was 14 years of age or older, offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest upon which the judgment was deferred and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution restitution, including a restitution fine or fee, that can be converted to a civil judgment under Section 730.6 shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(d)
(f)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790 or for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(b)
(e)
(g)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information 6 has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 2.SEC. 3.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
SEC. 3.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the a minor satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense not listed in subdivision (b) of Section 707, 707 committed when he or she was 14 years of age or older, the court shall order the petition dismissed, and the arrest upon which the judgment was deferred shall be deemed not to have occurred. dismissed. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, except that the prosecuting attorney and the probation department of a county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. case. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the minor and minors counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the minors right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest upon which the judgment was deferred and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to any inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution that can be converted to a civil judgment under Section 730.6 shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790 or for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(2)Access to, or inspection of, a sealed record authorized by paragraph (1) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(b)
(e)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)If the minor satisfactorily completes (a) (1) an informal program of supervision pursuant to Section 654.2, (b) (2) probation under Section 725, or (c) (3) a term of probation for any offense not listed in subdivision (b) of Section 707, the court shall order the petition dismissed, and the arrest upon which the judgment was deferred shall be deemed not to have occurred. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, except that the prosecuting attorney and the probation department of any a county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity.
(b)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.The Legislature finds and declares that Section 1 of this act, which amends Section 786 of the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Sep 30, 2015 | Chaptered by Secretary of State - Chapter 368, Statutes of 2015. |
| Sep 30, 2015 | Approved by the Governor. |
| Sep 23, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 34.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 42. Noes 34. Page 3146.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 16. Page 2714.). |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 10, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 2, 2015 | Measure version as amended on August 31 corrected. |
| Sep 1, 2015 | Measure version as amended on August 31 corrected. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 27). |
| Feb 24, 2015 | Read first time. To print. |
| Jul 15, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 7). |
| Jun 23, 2015 | In committee: Set, first hearing. Testimony taken. |
| Jun 11, 2015 | Referred to Com. on PUB. S. |
| Jun 11, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 33. Page 1767.) |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to third reading. |
| Apr 29, 2015 | From committee: Do pass. (Ayes 12. Noes 5.) (April 29). |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 14). Re-referred to Com. on APPR. |
| Apr 13, 2015 | Re-referred to Com. on PUB. S. |
| Apr 9, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 9, 2015 | Referred to Com. on PUB. S. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | AB 666 STONE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 10, 2015 | Assembly 3rd Reading AB666 Mark Stone By Leno | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| Jun 2, 2015 | AB 666 STONE Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 29, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of California | ** Support | Sep 10, 2015 |
| ASPIRANET | ** Support | Sep 10, 2015 |
| California Attorneys For Criminal Justice | ** Support | Sep 10, 2015 |
| California Coalition For Youth | ** Support | Sep 10, 2015 |
| California District Attorneys Association | ** Against | Sep 10, 2015 |
| California Local Conservation Corps | * Support | Aug 17, 2015 |
| California Public Defenders Association | ** Support | Sep 10, 2015 |
| California State Sheriffs' Association | ** Against | Sep 10, 2015 |
| Center on Juvenile and Criminal Justice | ** Support | Sep 10, 2015 |
| Commonweal | * Indeterminate | Apr 29, 2015 |
| Commonweal, The Juvenile Justice Program | ** Support | Sep 10, 2015 |
| Communities United for Restorative Youth Justice | * Indeterminate | Jun 23, 2015 |
| Friends Committee On Legislation Of California | * Indeterminate | Jun 23, 2015 |
| Juvenile Court Judges of California | ** Support | Sep 10, 2015 |
| League Of Women Voters Of California | ** Support | Sep 10, 2015 |
| Legal Services for Prisoners with Children | ** Support | Sep 10, 2015 |
| National Association Of Social Workers, California Chapter | ** Support | Sep 10, 2015 |
| Sacramento County District Attorney | ** Against | Sep 10, 2015 |
| Sacramento County Public Defenders Office | * Support | Jun 23, 2015 |
| Youth Law Center | ** Support | Sep 10, 2015 |
AB 666
Page 5
CONCURRENCE IN SENATE AMENDMENTS
AB 666
(Mark Stone)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
42-33 |
(June 2, 2015) |
SENATE: |
24-16 |
(September 10, 2015) |
Original Committee Reference: PUB. S.
SUMMARY: Requires records in the custody of law enforcement agencies, the probation department, or the Department of Justice (DOJ), to also be sealed, in a case where a court has ordered a juvenile's records to be sealed, as specified.
The Senate amendments:
Recast a provision in the bill that prohibits the court from sealing a record or dismissing a petition if the petition was sustained based on the commission of an offense listed in subdivision (b) of Welfare and Institutions Code Section 707 that was committed when the individual was 14 years of age or older and specifies that this does not apply if the finding on that offense was dismissed or was reduced to a lesser offense.
Provide that an unfulfilled restitution fine that can be converted to a civil judgment or an unpaid restitution fee may not be used to constitute unsatisfactory completion of supervision or probation.
Authorize the court, in making its order to seal the record and dismiss the instant petition, to include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this bill.
Specify that a court may also access, inspect or utilize a record that has been ordered sealed by the court for the limited purpose of determining whether a minor is eligible and suitable for deferred entry of judgment or is ineligible for a program of supervision, as defined.
State upon a subsequent adjudication of a minor whose record has been sealed and a finding that the minor is a ward of the court based on the commission of a felony offense, the probation department, prosecuting attorney, counsel for the minor, or the court may access, inspect or utilize a record that has been ordered sealed by the court for the limited purpose of determining an appropriate juvenile court disposition. Specify that access, inspection, or use under this provision shall not be construed as a reversal or modification of the court's order dismissing the petition and sealing the records in the prior case.
State that upon the prosecuting attorney's motion to initiate court proceedings to determine the minor's fitness to be dealt with under the juvenile court law, the probation department, the prosecuting attorney, counsel for the minor, or the court may access, inspect or utilize a record that has been ordered sealed by the court for the limited purpose of evaluating and determining the minor's fitness to be dealt with under the juvenile court law. Specify that this access, inspection, or use under this provision shall not be construed as a reversal or modification of the court's order dismissing the petition and sealing the records in the prior case.
Provide that a court is not prohibited from enforcing a civil judgment for an unfulfilled order of restitution as specified and a minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor's records are sealed.
Authorize that a victim or local collection program to continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed.
State that a juvenile court shall have access to the records sealed for the limited purpose of enforcing a civil judgment or restitution order.
Provide, notwithstanding any other law, a record sealed may be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this provision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
State, notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if certain conditions are met.
Define the term "personally identifying information."
Allow a court, upon request of an individual who has a record that is eligible to be sealed, to order the sealing of a record that is in the custody of a public agency other than a law enforcement agency, the probation department, or DOJ, if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
Authorize DOJ to access the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law.
Double joins this bill with AB 989 (Cooper) of the current legislative session to avoid chaptering out issues.
EXISTING LAW:
Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official.
States that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events.
Prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in Welfare and Institutions Code Section 707(b), which are offenses for which certain minors could be tried in adult court.
Permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records.
Allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court.
Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity.
AS PASSED BY THE ASSEMBLY, this bill:
Required the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
Stated that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Required the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
Stated that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provided that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Prohibited the extension of the period of supervision or probation solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records.
Stated that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not be deemed to constitute unsatisfactory completion of supervision or probation.
Specified that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment or for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
Stated that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Required Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revised the exclusion of Welfare and Institutions Code Section 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older.
Stated the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
FISCAL EFFECT: According to the Senate Appropriations Committee:
Potentially significant state court costs in the range of $200,000 to $400,000 (General Fund*) annually to comply with the administrative and noticing requirements specified in the bill.
Minor one-time costs of $10,000 to $20,000 (General Fund*) to the Judicial Council for the creation of rules and necessary forms.
Potentially significant ongoing state-reimbursable costs in the hundreds of thousands dollars (General Fund) annually to local law enforcement agencies and probation departments to seal and subsequently destroy all specified records in the entity's custody. Costs would vary by county and be dependent on the number and volume of records to be sealed and destroyed
COMMENTS: According to the author, "AB 666 is an important measure that can reduce recidivism and open doors to jobs and education for many of California youth. The goal is to open pathways to college and jobs for justice-involved youth whose criminal records and histories stand in the way of employment and other re-entry opportunities. SB 1038 (Leno), [Chapter 249, Statutes of 2014], revised the central policy and process for the sealing and dismissal of charges in non-violent juvenile delinquency cases. However, in the past few months experience in the courts has revealed implementation concerns. If passed AB 666 will provide for statewide standards for the courts and ensure access of youth to jobs and higher education."
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0002248
AB 666
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 666
Amended: 9/4/15 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 7/7/15
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Stone
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 42-33, 6/2/15 - See last page for vote
SUBJECT: Juveniles: sealing of records
SOURCE: Commonweal, the Juvenile Justice Program
DIGEST: This bill makes a number of clarifications and revisions concerning the sealing of juvenile records and the dismissal of juvenile cases, as specified.
Senate Floor Amendments of 9/4/15 are technical, double-jointing amendments to avoid chaptering problems with AB 989 (Cooper).
Existing law:
Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a).)
States that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. (Welf. & Inst. Code, § 781, subd. (a).)
Prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in Section 707(b), which are offenses for which certain minors could be tried in adult court under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a).)
Permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records. (Welf. & Inst. Code, § 781, subd. (e).)
Allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. (Welf. & Inst. Code, § 782.)
States that any person who was under the age of 18 when he or she was arrested for a misdemeanor may petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, in certain circumstances. (Pen. Code, § 851.7.)
Provides that a person who was under the age of 18 at the time of commission of a misdemeanor and is eligible for, or has previously received expungement relief, may petition the court for an order sealing the record of conviction and other official records in the case, including arrest records and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted, or the charges dismissed. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (Pen. Code, § 1203.45, subd. (a).)
Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code, § 786.)
This bill:
Requires a court to order sealed all records pertaining to a dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice, with subsequent permissible access as specified below.
Requires the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
States that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Requires the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
States that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provides that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Specifies that an unfulfilled order or condition of restitution, including a restitution fine or fee, that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
Specifies that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney, the probation department or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment or is eligible for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
Upon a subsequent adjudication of a minor whose record has been sealed and a finding that the minor is delinquent based on a felony offense, by the probation department, prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record in this circumstance “shall not be construed as a reversal or modification of the court’s order dismissing the petition and to sealing record in the prior case.”
Upon the prosecuting attorney’s motion to initiate court proceedings to determine a minor’s fitness for juvenile court, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. “Access, inspection, or use of a sealed record” in this circumstances shall not be construed as a reversal or modividation of the court’s order dismissing the petition and sealing the record in the prior case.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records, as specified.
States that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Provides that these provisions do not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, as specified, and that a minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed.
Provides that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed, and that the juvenile court shall have access to any records sealed for the limited purpose of enforcing a civil judgment or restitution order.
Requires the Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revises the exclusion of Welfare and Institutions Code (WIC) Section 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in WIC Section 707(b).
States the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
Authorizes the court, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
Authorizes a record sealed to be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
Provides that a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to WIC Sections 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, subject to specified conditions.
NOTE: See Senate Public Safety Committee analysis for a complete discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Potentially significant state court costs in the range of $200,000 to $400,000 (General Fund*) annually to comply with the administrative and noticing requirements specified in this bill.
Minor one-time costs of $10,000 to $20,000 (General Fund*) to the Judicial Council for the creation of rules and necessary forms.
Potentially significant ongoing state-reimbursable costs in the hundreds of thousands dollars (General Fund) annually to local law enforcement agencies and probation departments to seal and subsequently destroy all specified records in the entity’s custody. Costs would vary by county and be dependent on the number and volume of records to be sealed and destroyed.
* Trial Court Trust Fund
Commonweal, the Juvenile Justice Program (source)
American Civil Liberties Union of California
Aspiranet
California Attorneys for Criminal Justice
California Coalition for Youth
California Public Defenders Association
Center on Juvenile and Criminal Justice
Juvenile Court Judges of California
League of Women Voters of California
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Youth Law Center
California District Attorneys Association
California State Sheriffs’ Association
Sacramento County District Attorney
ARGUMENTS IN SUPPORT: The author states in part, “AB 666 clarifies and amends Section 786 of the Welfare and Institutions Code (WIC), added last year by Senator Leno’s SB 1038. SB 1038 provided for the automatic sealing of court records and auto-dismissal of charges upon satisfactory completion of diversion or probation by juveniles with non-violent/non-serious (‘non 707’) offenses. Since enactment of SB 1038 problems have arisen with the implementation of the statute. AB 666 seeks break down the barriers to achieving the goals set out in SB 1038.”
ARGUMENTS IN OPPOSITION: Opponents state in part, “In determining what ‘care, treatment, and guidance’ is best for a minor, a simple rule of thumb applies (and is articulated throughout the W&I Code) -- the more information the court and other involved agencies have, the more likely the juvenile justice system as a whole will be able to tailor the services provided to the minor to ensure that those services address the minor's specific needs. Restricting access to potentially important information about a minor's prior contacts with law enforcement or the juvenile justice system in this manner is tantamount to telling a diagnosing physician that she cannot consider a patient's entire medical record in determining a treatment plan. ¶ In an effort to extend the confidentiality of juvenile records so that delinquency contacts from years past do not burden people unduly in the future, this bill will in fact have the unfortunate effect of preventing the juvenile court, probation, and other agencies from accurately assessing what level of intervention and treatment is appropriate for a minor who has multiple contacts with the system. This is certainly not of benefit to the minor, and is contrary to ‘conformity with the interests of public safety and protection.’"
ASSEMBLY FLOOR: 42-33, 6/2/15
AYES: Alejo, Bloom, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Rendon, Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Dababneh, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Perea, Salas, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Bonilla, Chávez, Frazier, Rodriguez, Williams
Prepared by: Alison Anderson / PUB. S. /
9/8/15 17:29:58
**** END ****
AB 666
Page 8
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 666
Amended: 8/31/15 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 7/7/15
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Stone
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 42-33, 6/2/15 - See last page for vote
SUBJECT: Juveniles: sealing of records
SOURCE: Commonweal, the Juvenile Justice Program
DIGEST: This bill makes a number of clarifications and revisions concerning the sealing of juvenile records and the dismissal of juvenile cases, as specified.
Existing law:
Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a).)
States that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. (Welf. & Inst. Code, § 781, subd. (a).)
Prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in section 707(b), which are offenses for which certain minors could be tried in adult court under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a).)
Permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records. (Welf. & Inst. Code, § 781, subd. (e).)
Allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. (Welf. & Inst. Code, § 782.)
States that any person who was under the age of 18 when he or she was arrested for a misdemeanor may petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, in certain circumstances. (Pen. Code, § 851.7.)
Provides that a person who was under the age of 18 at the time of commission of a misdemeanor and is eligible for, or has previously received expungement relief, may petition the court for an order sealing the record of conviction and other official records in the case, including arrest records and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted, or the charges dismissed. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (Pen. Code, § 1203.45, subd. (a).)
Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code, § 786.)
This bill:
Requires a court to order sealed all records pertaining to a dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice, with subsequent permissible access as specified below.
Requires the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
States that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Requires the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
States that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provides that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Specifies that an unfulfilled order or condition of restitution, including a restitution fine or fee, that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
Specifies that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney, the probation department or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment or is eligible for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
Upon a subsequent adjudication of a minor whose record has been sealed and a finding that the minor is delinquent based on a felony offense, by the probation department, prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record in this circumstance “shall not be construed as a reversal or modification of the court’s order dismissing the petition and to sealing record in the prior case.”
Upon the prosecuting attorney’s motion to initiate court proceedings to determine a minor’s fitness for juvenile court, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining the minor’s fitness to be dealt with under the juvenile court law. “Access, inspection, or use of a sealed record” in this circumstances shall not be construed as a reversal or modividation of the court’s order dismissing the petition and sealing the record in the prior case.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records, as specified.
States that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Provides that these provisions do not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, as specified, and that a minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed.
Provides that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed, and that the juvenile court shall have access to any records sealed for the limited purpose of enforcing a civil judgment or restitution order.
Requires the Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revises the exclusion of Welfare and Institutions Code (WIC) Section 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in WIC Section 707(b).
States the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
Authorizes the court, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
Authorizes a record sealed to be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
Provides that a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to WIC Sections 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, subject to specified conditions.
NOTE: See Senate Public Safety Committee analysis for a complete discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Potentially significant state court costs in the range of $200,000 to $400,000 (General Fund*) annually to comply with the administrative and noticing requirements specified in this bill.
Minor one-time costs of $10,000 to $20,000 (General Fund*) to the Judicial Council for the creation of rules and necessary forms.
Potentially significant ongoing state-reimbursable costs in the hundreds of thousands dollars (General Fund) annually to local law enforcement agencies and probation departments to seal and subsequently destroy all specified records in the entity’s custody. Costs would vary by county and be dependent on the number and volume of records to be sealed and destroyed.
* Trial Court Trust Fund
Commonweal, the Juvenile Justice Program (source)
American Civil Liberties Union of California
Aspiranet
California Attorneys for Criminal Justice
California Coalition for Youth
California Public Defenders Association
Center on Juvenile and Criminal Justice
Juvenile Court Judges of California
League of Women Voters of California
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Youth Law Center
OPPOSITION: (Verified 8/28/15)
California District Attorneys Association
California State Sheriffs’ Association
Sacramento County District Attorney
ARGUMENTS IN SUPPORT: The author states in part, “AB 666 clarifies and amends Section 786 of the Welfare and Institutions Code (WIC), added last year by Senator Leno’s SB 1038. SB 1038 provided for the automatic sealing of court records and auto-dismissal of charges upon satisfactory completion of diversion or probation by juveniles with non-violent/non-serious (‘non 707’) offenses. Since enactment of SB 1038 problems have arisen with the implementation of the statute. AB 666 seeks break down the barriers to achieving the goals set out in SB 1038.”
ARGUMENTS IN OPPOSITION: Opponents state in part, “In determining what "care, treatment, and guidance" is best for a minor, a simple rule of thumb applies (and is articulated throughout the W&I Code) -- the more information the court and other involved agencies have, the more likely the juvenile justice system as a whole will be able to tailor the services provided to the minor to ensure that those services address the minor's specific needs. Restricting access to potentially important information about a minor's prior contacts with law enforcement or the juvenile justice system in this manner is tantamount to telling a diagnosing physician that she cannot consider a patient's entire medical record in determining a treatment plan. ¶ In an effort to extend the confidentiality of juvenile records so that delinquency contacts from years past do not burden people unduly in the future, this bill will in fact have the unfortunate effect of preventing the juvenile court, probation, and other agencies from accurately assessing what level of intervention and treatment is appropriate for a minor who has multiple contacts with the system. This is certainly not of benefit to the minor, and is contrary to "conformity with the interests of public safety and protection."
ASSEMBLY FLOOR: 42-33, 6/2/15
AYES: Alejo, Bloom, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Rendon, Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Dababneh, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Perea, Salas, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Bonilla, Chávez, Frazier, Rodriguez, Williams
Prepared by: Alison Anderson / PUB. S. /
8/30/15 19:42:20
**** END ****
AB 666 (Mark Stone) Page 0 of 1
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 666 (Mark Stone) - Juveniles: sealing of records
|
|
Version: July 15, 2015 |
Policy Vote: PUB. S. 5 - 1 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 27, 2015 |
Consultant: Jolie Onodera |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 666 would make numerous revisions concerning the sealing of juvenile records and the dismissal of juvenile cases, as specified.
Fiscal Impact:
Potentially significant state court costs in the range of $200,000 to $400,000 (General Fund*) annually to comply with the administrative and noticing requirements specified in the bill.
Minor one-time costs of $10,000 to $20,000 (General Fund*) to the Judicial Council for the creation of rules and necessary forms.
Potentially significant ongoing state-reimbursable costs in the hundreds of thousands dollars (General Fund) annually to local law enforcement agencies and probation departments to seal and subsequently destroy all specified records in the entity’s custody. Costs would vary by county and be dependent on the number and volume of records to be sealed and destroyed.
*Trial Court Trust Fund
Author Amendments:
Delete the provision of the bill that increases the daily compensation rate for wrongful convictions and make other technical changes.
-- END --
AB 666 (Mark Stone) Page 5 of 5
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 666 (Mark Stone) - Juveniles: sealing of records
|
|
Version: July 15, 2015 |
Policy Vote: PUB. S. 5 - 1 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 666 would make numerous revisions concerning the sealing of juvenile records and the dismissal of juvenile cases, as specified.
Fiscal Impact:
Potentially significant state court costs in the range of $200,000 to $400,000 (General Fund*) annually to comply with the administrative and noticing requirements specified in the bill.
Minor one-time costs of $10,000 to $20,000 (General Fund*) to the Judicial Council for the creation of rules and necessary forms.
Potentially significant ongoing state-reimbursable costs in the hundreds of thousands dollars (General Fund) annually to local law enforcement agencies and probation departments to seal and subsequently destroy all specified records in the entity’s custody. Costs would vary by county and be dependent on the number and volume of records to be sealed and destroyed.
*Trial Court Trust Fund
Background:
Existing law requires the juvenile court to order the petition of a minor to be dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records, without a petition from the minor, in the custody of the juvenile court pertaining to the dismissed petition, except as specified. Under existing law, the court is prohibited from automatically dismissing a petition and sealing the records of a minor who has completed a term of probation for any of the serious offenses listed in WIC § 707(b). (Welfare and Institutions Code (WIC) § 786(a).)
Additionally, existing law prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in WIC § 707(b) [30 enumerated offenses including murder, arson, robbery, and rape] when he or she had attained 14 years of age or older, which are offenses for which certain minors could be tried in adult court under specified circumstances. (WIC § 781(a).)
Once the court has ordered the records sealed, the arrest upon which the judgment was deferred is deemed never to have occurred. The relief consists of sealing the records in the custody of the juvenile court, except the prosecuting attorney and the probation department are allowed access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment, and the court may access the file for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction, as specified.
This bill seeks to additionally require the court to order records in the custody of law enforcement agencies, the probation department, and the DOJ to be sealed upon a juvenile petition being dismissed. Additionally, this bill expands the population of individuals eligible to have their records sealed upon having their petition dismissed to minors who satisfactorily compete a term of probation for offenses listed in WIC § 707(b) but were under the age of 14 at the time of the offense.
Proposed Law:
This bill would revise existing provisions of law related to the sealing of juvenile records and the dismissal of juvenile cases, as follows:
Requires a court to order sealed all records pertaining to a dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the DOJ.
Requires the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
States that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Requires the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
States that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provides that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Specifies that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment or for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
States that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Requires the Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revises the exclusion of WIC § 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in WIC § 707(b).
States the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
Authorizes the court, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
Authorizes a record sealed to be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
Provides that a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to WIC §§ 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, subject to specified conditions.
Related Legislation:
SB 504 (Lara) 2015 would provide that only a person 26 years of age or older may be charged a fee for petitioning the court for an order sealing his or her record. This bill is pending hearing in the Assembly Committee on Appropriations.
AB 989 (Cooper) 2015 would provide limited access to otherwise sealed juvenile records to district attorneys and probation departments, as specified. This bill is pending on the Senate Floor.
Prior Legislation: SB 1038 (Leno) Chapter 249/2014 provides for the automatic dismissal of juvenile petitions and sealing of records, as specified, in cases where a juvenile offender successfully completes probation, and authorizes the juvenile court to dismiss a delinquency petition after a person reaches the age of 21.
Staff Comments:
The Judicial Council has indicated a potentially significant ongoing workload impact to identify agencies and/or individuals named in a juvenile order to seal records, send the order to the named agencies and/or officials, receive and properly file the order of compliance, and provide notice to the minor and minor’s counsel that the court has complied with this section. Assuming 15 to 30 minutes of court clerk time to complete the noticing and other administrative activities specified in the bill for an estimated 50 percent of potentially impacted juvenile petitions filed (approximately 15,500 petitions), after adjusting for petitions that would not qualify to have records sealed, would result in increased costs in the range of $200,000 to $400,000 per year. To the extent the number of juvenile petitions filed fluctuates from year to year would impact costs accordingly.
The Judicial Council has also indicated one-time minor costs of $10,000 to $20,000 for the creation of rules and necessary forms.
By mandating a higher level of service on local agencies, specifically by requiring local law enforcement agencies and probation departments to seal records for the specified juvenile cases in their custody, this bill creates a state mandated local program. Ongoing costs to seal and subsequently destroy all specified records in the entity’s custody would vary by county and be dependent on the number and volume of records to be sealed and destroyed. While the records would be sealed upon order of the court, the provisions of this bill mandate the court to order this higher level of service so it is likely these costs could be determined to be reimbursable by the state.
The DOJ has indicated no significant impact associated with the provisions of this measure.
-- END --
AB 666 (Mark Stone ) Page 10 of 10
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 666 Hearing Date: July 7, 2015
Author: |
Mark Stone |
||
Version: |
June 11, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
AA |
||
Subject: Juveniles: Sealing of Records
VOTE ONLY
HISTORY
Source: Commonweal, The Juvenile Justice Program
Prior Legislation: SB 1038 (Leno), Chapter 249, Statutes of 2014
Support: American Civil Liberties Union of California; Aspiranet; California Attorneys for Criminal Justice; California Coalition for Youth; California Public Defenders Association; Center on Juvenile and Criminal Justice; Juvenile Court Judges of California; League of Women Voters of California; Legal Services for Prisoners with Children; National Association of Social Workers, California Chapter; Youth Law Center
Opposition: California District Attorneys Association; California State Sheriffs’ Association; Sacramento County District Attorney
Assembly Floor Vote: 42 - 33
NOTE: This bill is before the Committee as Proposed to be Amended. See Comment 5 below.
PURPOSE
The purpose of this bill is to make a number of clarifications and revisions concerning the sealing of juvenile records and the dismissal of juvenile cases, as specified.
Current law provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a).)
Current law states that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. (Welf. & Inst. Code, § 781, subd. (a).)
Current law prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in section 707(b), which are offenses for which certain minors could be tried in adult court under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a).)
Current law permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records. (Welf. & Inst. Code, § 781, subd. (e).)
Current law allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. (Welf. & Inst. Code, § 782.)
Current law states that any person who was under the age of 18 when he or she was arrested for a misdemeanor may petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, in certain circumstances. (Pen. Code, § 851.7.)
Current law provides that a person who was under the age of 18 at the time of commission of a misdemeanor and is eligible for, or has previously received expungement relief, may petition the court for an order sealing the record of conviction and other official records in the case, including arrest records and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted, or the charges dismissed. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (Pen. Code, § 1203.45, subd. (a).)
Current law provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code, § 786.)
This bill would revise this provision to provide the following:
Require the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
State that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Require the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
State that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provide that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Prohibit the extension of the period of supervision or probation solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records.
State that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not be deemed to constitute unsatisfactory completion of supervision or probation.
Specify that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment or for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
State that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Require the Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revise the exclusion of 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
State the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
Authorize the court, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
This bill would enact a new law to provide that, “(n)otwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.”
This bill would provide that “(n)otwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
This bill provides that for the purposes of this section “personally identifying information” 6 has the same meaning as in Section 1798.79.8 of the Civil Code.
This bill makes legislative findings concerning limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution “to demonstrate the interest protected by this limitation and the need for protecting that interest: ¶ In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.”
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
Stated Need for This Bill
The author states:
AB 666 clarifies and amends Section 786 of the Welfare and Institutions Code (WIC), added last year by Senator Leno’s SB 1038. SB 1038 provided for the automatic sealing of court records and auto-dismissal of charges upon satisfactory completion of diversion or probation by juveniles with non-violent/non-serious (“non 707”) offenses. Since enactment of SB 1038 problems have arisen with the implementation of the statute. AB 666 seeks break down the barriers to achieving the goals set out in SB 1038.
Specifically AB 666 does the following:
Requires Judicial Council to adopt rules and forms to assure the consistent and standardized implementation of the new sealing law established by SB 1038.
Provides better guidance to courts in determining what constitutes “satisfactory completion” of probation or supervision, which is a requirement for auto-sealing.
Includes arrest and probation records in the sealing requirement.
States that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not delay the sealing of a record.
Permits probation departments to unseal records for the limited purpose of identifying the juvenile’s previous court-ordered programs or placements only for the purpose of determining eligibility of suitability for programs for services.
Sealing and Destruction of Records
Minors adjudicated delinquent in juvenile court proceedings may petition the court to have their records sealed unless they were found to have committed certain serious offenses. (Welf. & Inst. Code, § 781.) A person may have his or her juvenile court records sealed by petitioning the court "five years or more after the jurisdiction of the juvenile court has terminated over [the] person adjudged a ward of the court or after [the] minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18." (Welf. & Inst. Code, § 781, subd. (a).) Once the court has ordered the records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events. (Ibid.) The relief consists of sealing all of the records related to the case, including the arrest record, court records, entries on dockets, and any other papers and exhibits. The court must send a copy of the order to each agency and official named in the petition for sealing records, directing the agency to seal its records and stating the date thereafter to destroy the sealed records. (Ibid.)
A minor's juvenile court case is dismissed and the court records are sealed without a petition from the minor if the minor has been found to have satisfactorily completed an informal program of supervision or probation, except in specified cases. (Welf. & Inst. Code, § 786.) Upon sealing of the record, the arrest upon which the judgment was deferred shall be deemed to have never occurred. (Ibid.) The court shall order sealed all records in its custody pertaining to a petition dismissed. (Ibid.) The prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access the sealed file for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. (Ibid.)
Statement in Support
Commonweal, the Juvenile Justice Program, is the sponsor of this bill. It submits in part:
Implementation of the auto-sealing and dismissal provisions of Section 786 under SB 1038 has been inconsistent among California courts, . . . Some courts are asking for prior probation department approval to initiate the SB 1038 sealing process or are requiring that the minor ask the court to proceed with sealing and dismissal, even though the process in qualifying cases was intended to be self-initiated by the Court. AB 666 would require the Judicial (Council) to adopt rules and forms to assure the consistent and standardized implementation of Section 786. . . .
. . . A key goal of SB 1038 was to open doors to employment and higher education for former juvenile offenders who have met their justice system obligations. To achieve this goal, arrest and probation records need to be included in the scope of records that the court orders to be sealed upon dismissing the charges. AB 666 adds this protection, which also brings Section 786 into alignment with the older sealing statute, WIC Section 781. . . .
SB 1038 (and section 786) require the court to seal the record and dismiss the petition in qualifying cases where the minor has satisfactorily completed a term of diversion or probation. However, SB 1038 did not define “satisfactory completion”. AB 666 provides guidance to courts by adding a definition of “satisfactory completion”. The definition now provided in AB 666 was circulated and essentially approved by multiple stakeholders prior to being amended into the bill, including the Juvenile Court Judges Association, the Chief Probation Officers of California and defense counsel organizations. . . .
AB 666 retains the SB 1038 limitation that the record cannot be sealed under Section 786 where the presenting offense is a serious or violent felony listed in subdivision (b) of Section 707 (offenses that are the basis for prosecution of juveniles in adult criminal court). This same exclusion appears in Section 781, the extant “sealing by petition” code section. AB 666 conforms to Section 786 to Section 781 in this respect by excluding minors whose 707 (b) offense was committed at age 14 or older. In addition, AB 666 adds the qualification that where the court has subsequently dismissed or reduced the 707 (b) finding to a lesser (non 707) offense, the individual retains eligibility for sealing under section 786 if the other performance criteria for sealing are met. This responds to a request from the Sixth Appellate Court to make this statutory change, articulated in In re G.Y., 234 Cal. App. 4th 1196 (2015). In the G.Y. decision, a minor adjudicated in Juvenile Court for making a victim threat with a firearm (without an actual shooting) was found to have committed a 707 (b) assault crime. After being sentenced to the Santa Clara County juvenile probation ranch, G.Y. enlisted in the military where he was promoted to the rank of sergeant and received three Army commendation medals for outstanding service in Iraq and Kuwait. Subsequently, the Court reduced the 707 (b) findings to misdemeanors, and G.Y. petitioned for sealing of the juvenile records in the case. The appeals court concluded that under Section 781 it lacked the authority to seal the record,
even though the 707 charges had been reduced by the trial court to misdemeanors. The Court directed this request to the Legislature: “Though appellant provided overwhelming evidence of his rehabilitation, the juvenile court properly concluded that it had no authority to seal his juvenile records pursuant to Welfare and Institutions Code section 781. We respectfully invite the Legislature to enact legislation that would remedy this unjust result.” AB 666 proposes this remedy, at least in relation to the Court’s authority to seal the record under Section 786. . .
The legal effect of sealing a record and dismissing a petition under Section 786 is that the arrest is then deemed not to have occurred. AB 666 removes a superfluous and confusing reference to deferred entry of judgment, inadvertently retained in Section 786. It also clarifies the legal effect of sealing and dismissal of the petition at subdivision (b) to state that “Upon the Court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities”. In part this change is intended to make it even clearer that the person whose petition is dismissed is legally entitled not to disclose the arrest and prosecution in subsequent employment, education and other re-entry situations. While stated a bit differently, this Section 786 right of nondisclosure mirrors the protection provided after sealing of the record in petitioned cases covered by Section 781. . . .
. . . AB 666 would permit the court to order the sealing and dismissal of prior petitions the individual may have, so long as the court determines that the person has met all other Section 786 criteria for sealing and dismissal in relation to the prior petitions. This discretion to seal priors would apply only in cases where the current petition (in an active probation case) is before the court. It would not apply retroactively by requiring the Court to initiate sealing of records in older cases. The added burden of sealing priors in a case that is already before the court under Section 786 is viewed as minimal. Defense counsel in particular have identified the need to be able to seal prior petitions in qualifying cases in order to meet the fundamental SB 1038 policy goal of opening pathways to employment and education for children who have completed their justice system obligations. The authorization to seal prior petitions, added at a new subdivision (e), is entirely discretionary and would be applied only if the court determines that the prior petitions merit sealing by meeting all WIC 786 sealing requirements. . . .
To ensure that data reporting will not be disrupted by a growing volume of sealed juvenile case records, AB 666 adds a new Section 787 to the WIC, providing that law enforcement, probation and courts can access information in sealed records in order to make data reports required by other provisions of law, provided that personally identifying information obtained from sealed records for this reason cannot be released, disseminated or published by the acquiring agency. . . .
IN SUMMARY, we have endeavored with AB 666 to resolve a range of concerns . . . to ensure the uniform, fair and effective implementation of SB 1038. The fundamental policy reform underlying AB 666 has already been approved by the Senate, the Assembly and the Governor. That policy is that a minor who has satisfactorily completed his or her justice system obligations should, under the Juvenile Court law, not be hindered by the justice system record when it comes to seeking employment, enrolling in higher education or enlisting in the military. AB 666 is a clean-up and clarification measure that provides practical guidance to courts and allied justice agencies on implementation of the policy direction established last year by SB 1038. . . .
Statement in Opposition
The California District Attorneys Association, which opposes this bill, submits:
Welfare and Institutions Code section 202(b) sets forth the key purposes of delinquency jurisdiction:
Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances.
In determining what "care, treatment, and guidance" is best for a minor, a simple rule of thumb applies (and is articulated throughout the W&I Code) -- the more information the court and other involved agencies have, the more likely the juvenile justice system as a whole will be able to tailor the services provided to the minor to ensure that those services address the minor's specific needs. Restricting access to potentially important information about a minor's prior contacts with law enforcement or the juvenile justice system in this manner is tantamount to telling a diagnosing physician that she cannot consider a patient's entire medical record in determining a treatment plan.
In an effort to extend the confidentiality of juvenile records so that delinquency contacts from years past do not burden people unduly in the future, this bill will in fact have the unfortunate effect of preventing the juvenile court, probation, and other agencies from accurately assessing what level of intervention and treatment is appropriate for a minor who has multiple contacts with the system. This is certainly not of benefit to the minor, and is contrary to "conformity with the interests of public safety and protection."
Related Bills
This Committee heard and passed SB 504 (Lara) earlier this year (5-2). That bill has been narrowed since leaving this Committee to limiting fees associated with sealing juvenile records and other potential liabilities, and to prohibiting an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a juvenile record. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record. SB 504 is now in the Assembly.
AB 989 (Cooper), heard and passed by the Committee on June 23rd, amends the same statute as this bill (AB 666). As now in print AB 666 is broader than AB 989. The author of AB 989 committed in Committee to add chaptering provisions to his bill before it is taken up on the Senate floor.
Amendments
This measure was heard by this Committee two weeks ago, where extensive testimony was taken regarding existing juvenile records sealing laws and this bill. In response to that testimony and further conversations with the chair, the author is amending the bill as follows:
Delete the language in the bill requiring the court to order sealed records for “any other public agency having records pertaining to the case,” and replace it with records in the custody of the Department of Justice; and
Add the following new language to the bill:
A person having a record that is eligible for sealing under the provisions of this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department or the Department of Justice, and the court may grant the request and order the sealing of the public agency record if the court determines that sealing of the additional record will promote the successful re-entry and rehabilitation of the person.
-- END –
AB 666 (Mark Stone ) Page 10 of 10
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 666 Hearing Date: June 23, 2015
Author: |
Mark Stone |
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Version: |
June 11, 2015 |
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Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
AA |
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Subject: Juveniles: Sealing of Records
HISTORY
Source: Commonweal, The Juvenile Justice Program
Prior Legislation: SB 1038 (Leno), Chapter 249, Statutes of 2014
Support: American Civil Liberties Union of California; Aspiranet; California Attorneys for Criminal Justice; California Coalition for Youth; California Public Defenders Association; Center on Juvenile and Criminal Justice; Juvenile Court Judges of California; League of Women Voters of California; Legal Services for Prisoners with Children; National Association of Social Workers, California Chapter; Youth Law Center
Opposition: California District Attorneys Association; California State Sheriffs’ Association
Assembly Floor Vote: 42 - 33
PURPOSE
The purpose of this bill is to make a number of clarifications and revisions concerning the sealing of juvenile records and the dismissal of juvenile cases, as specified.
Current law provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a).)
Current law states that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. (Welf. & Inst. Code, § 781, subd. (a).)
Current law prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in section 707(b), which are offenses for which certain minors could be tried in adult court under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a).)
Current law permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records. (Welf. & Inst. Code, § 781, subd. (e).)
Current law allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. (Welf. & Inst. Code, § 782.)
Current law states that any person who was under the age of 18 when he or she was arrested for a misdemeanor may petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, in certain circumstances. (Pen. Code, § 851.7.)
Current law provides that a person who was under the age of 18 at the time of commission of a misdemeanor and is eligible for, or has previously received expungement relief, may petition the court for an order sealing the record of conviction and other official records in the case, including arrest records and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted, or the charges dismissed. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (Pen. Code, § 1203.45, subd. (a).)
Current law provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code, § 786.)
This bill would revise this provision to provide the following:
Require the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
State that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Require the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
State that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provide that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Prohibit the extension of the period of supervision or probation solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records.
State that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not be deemed to constitute unsatisfactory completion of supervision or probation.
Specify that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment or for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
State that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Require the Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revise the exclusion of 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a lesser offense that is not listed in subdivision (b) of Section 707.
State the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
Authorize the court, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
This bill would enact a new law to provide that, “(n)otwithstanding any other law, a record sealed pursuant to Section 781 or 786 may be accessed by a law enforcement agency, probation department, court, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.”
This bill would provide that “(n)otwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
This bill provides that for the purposes of this section “personally identifying information” 6 has the same meaning as in Section 1798.79.8 of the Civil Code.
This bill makes legislative findings concerning limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution “to demonstrate the interest protected by this limitation and the need for protecting that interest: ¶ In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.”
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
Stated Need for This Bill
The author states:
AB 666 clarifies and amends Section 786 of the Welfare and Institutions Code (WIC), added last year by Senator Leno’s SB 1038. SB 1038 provided for the automatic sealing of court records and auto-dismissal of charges upon satisfactory completion of diversion or probation by juveniles with non-violent/non-serious (“non 707”) offenses. Since enactment of SB 1038 problems have arisen with the implementation of the statute. AB 666 seeks break down the barriers to achieving the goals set out in SB 1038.
Specifically AB 666 does the following:
Requires Judicial Council to adopt rules and forms to assure the consistent and standardized implementation of the new sealing law established by SB 1038.
Provides better guidance to courts in determining what constitutes “satisfactory completion” of probation or supervision, which is a requirement for auto-sealing.
Includes arrest and probation records in the sealing requirement.
States that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not delay the sealing of a record.
Permits probation departments to unseal records for the limited purpose of identifying the juvenile’s previous court-ordered programs or placements only for the purpose of determining eligibility of suitability for programs for services.
Sealing and Destruction of Records
Minors adjudicated delinquent in juvenile court proceedings may petition the court to have their records sealed unless they were found to have committed certain serious offenses. (Welf. & Inst. Code, § 781.) A person may have his or her juvenile court records sealed by petitioning the court "five years or more after the jurisdiction of the juvenile court has terminated over [the] person adjudged a ward of the court or after [the] minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18." (Welf. & Inst. Code, § 781, subd. (a).) Once the court has ordered the records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events. (Ibid.) The relief consists of sealing all of the records related to the case, including the arrest record, court records, entries on dockets, and any other papers and exhibits. The court must send a copy of the order to each agency and official named in the petition for sealing records, directing the agency to seal its records and stating the date thereafter to destroy the sealed records. (Ibid.)
A minor's juvenile court case is dismissed and the court records are sealed without a petition from the minor if the minor has been found to have satisfactorily completed an informal program of supervision or probation, except in specified cases. (Welf. & Inst. Code, § 786.) Upon sealing of the record, the arrest upon which the judgment was deferred shall be deemed to have never occurred. (Ibid.) The court shall order sealed all records in its custody pertaining to a petition dismissed. (Ibid.) The prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access the sealed file for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. (Ibid.)
Statement in Support
Commonweal, the Juvenile Justice Program, is the sponsor of this bill. It submits in part:
Implementation of the auto-sealing and dismissal provisions of Section 786 under SB 1038 has been inconsistent among California courts, . . . Some courts are asking for prior probation department approval to initiate the SB 1038 sealing process or are requiring that the minor ask the court to proceed with sealing and dismissal, even though the process in qualifying cases was intended to be self-initiated by the Court. AB 666 would require the Judicial (Council) to adopt rules and forms to assure the consistent and standardized implementation of Section 786. . . .
. . . A key goal of SB 1038 was to open doors to employment and higher education for former juvenile offenders who have met their justice system obligations. To achieve this goal, arrest and probation records need to be included in the scope of records that the court orders to be sealed upon dismissing the charges. AB 666 adds this protection, which also brings Section 786 into alignment with the older sealing statute, WIC Section 781. . . .
SB 1038 (and section 786) require the court to seal the record and dismiss the petition in qualifying cases where the minor has satisfactorily completed a term of diversion or probation. However, SB 1038 did not define “satisfactory completion”. AB 666 provides guidance to courts by adding a definition of “satisfactory completion”. The definition now provided in AB 666 was circulated and essentially approved by multiple stakeholders prior to being amended into the bill, including the Juvenile Court Judges Association, the Chief Probation Officers of California and defense counsel organizations. . . .
AB 666 retains the SB 1038 limitation that the record cannot be sealed under Section 786 where the presenting offense is a serious or violent felony listed in subdivision (b) of Section 707 (offenses that are the basis for prosecution of juveniles in adult criminal court). This same exclusion appears in Section 781, the extant “sealing by petition” code section. AB 666 conforms to Section 786 to Section 781 in this respect by excluding minors whose 707 (b) offense was committed at age 14 or older. In addition, AB 666 adds the qualification that where the court has subsequently dismissed or reduced the 707 (b) finding to a lesser (non 707) offense, the individual retains eligibility for sealing under section 786 if the other performance criteria for sealing are met. This responds to a request from the Sixth Appellate Court to make this statutory change, articulated in In re G.Y., 234 Cal. App. 4th 1196 (2015). In the G.Y. decision, a minor adjudicated in Juvenile Court for making a victim threat with a firearm (without an actual shooting) was found to have committed a 707 (b) assault crime. After being sentenced to the Santa Clara County juvenile probation ranch, G.Y. enlisted in the military where he was promoted to the rank of sergeant and received three Army commendation medals for outstanding service in Iraq and Kuwait. Subsequently, the Court reduced the 707 (b) findings to misdemeanors, and G.Y. petitioned for sealing of the juvenile records in the case. The appeals court concluded that under Section 781 it lacked the authority to seal the record,
even though the 707 charges had been reduced by the trial court to misdemeanors. The Court directed this request to the Legislature: “Though appellant provided overwhelming evidence of his rehabilitation, the juvenile court properly concluded that it had no authority to seal his juvenile records pursuant to Welfare and Institutions Code section 781. We respectfully invite the Legislature to enact legislation that would remedy this unjust result.” AB 666 proposes this remedy, at least in relation to the Court’s authority to seal the record under Section 786. . .
The legal effect of sealing a record and dismissing a petition under Section 786 is that the arrest is then deemed not to have occurred. AB 666 removes a superfluous and confusing reference to deferred entry of judgment, inadvertently retained in Section 786. It also clarifies the legal effect of sealing and dismissal of the petition at subdivision (b) to state that “Upon the Court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities”. In part this change is intended to make it even clearer that the person whose petition is dismissed is legally entitled not to disclose the arrest and prosecution in subsequent employment, education and other re-entry situations. While stated a bit differently, this Section 786 right of nondisclosure mirrors the protection provided after sealing of the record in petitioned cases covered by Section 781. . . .
. . . AB 666 would permit the court to order the sealing and dismissal of prior petitions the individual may have, so long as the court determines that the person has met all other Section 786 criteria for sealing and dismissal in relation to the prior petitions. This discretion to seal priors would apply only in cases where the current petition (in an active probation case) is before the court. It would not apply retroactively by requiring the Court to initiate sealing of records in older cases. The added burden of sealing priors in a case that is already before the court under Section 786 is viewed as minimal. Defense counsel in particular have identified the need to be able to seal prior petitions in qualifying cases in order to meet the fundamental SB 1038 policy goal of opening pathways to employment and education for children who have completed their justice system obligations. The authorization to seal prior petitions, added at a new subdivision (e), is entirely discretionary and would be applied only if the court determines that the prior petitions merit sealing by meeting all WIC 786 sealing requirements. . . .
To ensure that data reporting will not be disrupted by a growing volume of sealed juvenile case records, AB 666 adds a new Section 787 to the WIC, providing that law enforcement, probation and courts can access information in sealed records in order to make data reports required by other provisions of law, provided that personally identifying information obtained from sealed records for this reason cannot be released, disseminated or published by the acquiring agency. . . .
IN SUMMARY, we have endeavored with AB 666 to resolve a range of concerns . . . to ensure the uniform, fair and effective implementation of SB 1038. The fundamental policy reform underlying AB 666 has already been approved by the Senate, the Assembly and the Governor. That policy is that a minor who has satisfactorily completed his or her justice system obligations should, under the Juvenile Court law, not be hindered by the justice system record when it comes to seeking employment, enrolling in higher education or enlisting in the military. AB 666 is a clean-up and clarification measure that provides practical guidance to courts and allied justice agencies on implementation of the policy direction established last year by SB 1038. . . .
Statement in Opposition
The California District Attorneys Association, which opposes this bill, submits:
Welfare and Institutions Code section 202(b) sets forth the key purposes of delinquency jurisdiction:
Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances.
In determining what "care, treatment, and guidance" is best for a minor, a simple rule of thumb applies (and is articulated throughout the W&I Code) -- the more information the court and other involved agencies have, the more likely the juvenile justice system as a whole will be able to tailor the services provided to the minor to ensure that those services address the minor's specific needs. Restricting access to potentially important information about a minor's prior contacts with law enforcement or the juvenile justice system in this manner is tantamount to telling a diagnosing physician that she cannot consider a patient's entire medical record in determining a treatment plan.
In an effort to extend the confidentiality of juvenile records so that delinquency contacts from years past do not burden people unduly in the future, this bill will in fact have the unfortunate effect of preventing the juvenile court, probation, and other agencies from accurately assessing what level of intervention and treatment is appropriate for a minor who has multiple contacts with the system. This is certainly not of benefit to the minor, and is contrary to "conformity with the interests of public safety and protection."
Related Bills
This Committee heard and passed SB 504 (Lara) earlier this year (5-2). That bill has been narrowed since leaving this Committee to limiting fees associated with sealing juvenile records and other potential liabilities, and to prohibiting an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a juvenile record. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record. SB 504 is now in the Assembly.
AB 989 (Cooper), also before the Committee, amends the same statute as this bill
(AB 666) concerning the dismissal of juvenile petitions. As now in print AB 666 is broader than AB 989. The authors of these bills may wish to add chaptering amendments to harmonize these provisions.
-- END –
AB 666
Page 3
ASSEMBLY THIRD READING
AB 666
(Mark Stone)
As Amended April 9, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Public Safety |
5-2 |
Quirk, Gonzalez, Jones-Sawyer, Low, Santiago |
Melendez, Lackey |
Appropriations |
12-5 |
Gomez, Bloom, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Rendon, Weber, Wood |
Bigelow, Chang, Gallagher, Jones, Wagner |
SUMMARY:
Requires records in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, to also be sealed, in a case where a court has ordered a juvenile's records to be sealed, as specified. Specifically, this bill:
Requires the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
States that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Requires the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
States that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provides that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Prohibits the extension of the period of supervision or probation solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records.
States that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not be deemed to constitute unsatisfactory completion of supervision or probation.
Specifies that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment or for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
States that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Requires Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revises the exclusion of Welfare and Institutions Code Section 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older.
States the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
EXISTING LAW:
Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official.
States that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events.
Prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in Welfare and Institutions Code Section 707(b), which are offenses for which certain minors could be tried in adult court.
Permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records.
Allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court.
Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, minor absorbable costs to the Judicial Council to adopt the required rules of court.
Minor, potential reimbursable mandated costs to local agencies to seal the specified juvenile records.
COMMENTS:
According to the author, "AB 666 is an important measure that can reduce recidivism and open doors to jobs and education for many of California youth. The goal is to open pathways to college and jobs for justice-involved youth whose criminal records and histories stand in the way of employment and other re-entry opportunities. SB 1038 (Leno), [Chapter 249, Statutes of 2014], revised the central policy and process for the sealing and dismissal of charges in non-violent juvenile delinquency cases. However, in the past few months experience in the courts has revealed implementation concerns. If passed AB 666 will provide for statewide standards for the courts and ensure access of youth to jobs and higher education."
Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0000226
AB 666
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 666
(Mark Stone) – As Amended April 9, 2015
Policy Committee: |
Public Safety |
Vote: |
5 - 2 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires records in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, to also be sealed, in a case where a court has ordered a juvenile's records to be sealed, as specified. It also requires the Judicial Council to adopt rules of court and make available appropriate forms providing for the standardized implementation of this section by the juvenile courts.
FISCAL EFFECT:
Minor absorbable costs to the Judicial Council to adopt the required rules of court.
Minor, potential reimbursable mandated costs to local agencies to seal the specified juvenile records.
COMMENTS:
Background. Current law provides, with some exceptions, that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. Current law also specifies that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. However, current law does not require the court to order records sealed in the possession of other public agencies such as law enforcement or probation.
Purpose. According to the author, "AB 666 is an important measure that can reduce recidivism and open doors to jobs and education for many of California youth. The goal is to open pathways to college and jobs for justice-involved youth whose criminal records and histories stand in the way of employment and other re-entry opportunities. SB 1038 (Leno, 2014) revised the central policy and process for the sealing and dismissal of charges in non-violent juvenile delinquency cases. However, in the past few months experience in the courts has revealed implementation concerns. If passed, AB 666 will provide for statewide standards for the courts and ensure access of youth to jobs and higher education."
Argument in Support: According to Commonweal, the sponsor of this bill, "SB 1038 requires the Juvenile Court to seal the court records and to dismiss the petition in delinquency cases where the minor has satisfactorily completed probation or a program of informal probation supervision. Sealing and dismissal under Section 786 are intended to be automatic (court-initiated), as an alternative to the existing, cumbersome and costly petition process that is so little utilized and largely inaccessible by former juvenile offenders. "
Argument in Opposition: According to the California District Attorneys Association, "In determining what 'care, treatment, and guidance' is best for a minor, a simple rule of thumb applies (and is articulated throughout the W&I code) – the more information the court and other involved agencies have, the more likely the juvenile justice system as a whole will be able to tailor the services provided to the minor to ensure that those services address the minor's specific needs. Restricting access to potentially important information about a minor's prior contact with law enforcement or the juvenile justice system in this manner is tantamount to telling a diagnosing physician that she cannot consider a patient's entire medical record in determining a treatment plan.
Related Legislation: AB 989 (Cooper), pending in this commitee, would authorize the probation department of any county to access a minor's sealed records for the limited purposes of determining a minor's prior program referrals and risk-needs assessments.
Prior Legislation:
SB 1038 (Leno), Chapter 249, Statutes of 2014, provides for the automatic dismissal of juvenile petitions and sealing of records when a juvenile offender successfully completes probation.
AB 1756 (Skinner), of the 2013-2014 Legislative Session, would have provided that only a person 26 years of age or older may be charged a fee for petitioning the court for an order sealing his or her juvenile record. AB 1756 was held on the Senate Committee on Appropriation's Suspense File.
Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081
AB 666
Page 8
Date of Hearing: April 14, 2015
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB 666
(Mark Stone) – As Amended April 9, 2015
SUMMARY:
Requires records in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, to also be sealed, in a case where a court has ordered a juvenile's records to be sealed, as specified. Specifically, this bill:
Requires the court to send a copy of the order to each agency and official named therein, directing the agency to seal its records and specifying a date thereafter to destroy the sealed records.
States that each such agency and official shall seal the records in its custody as directed by the order, advise the court of its compliance and thereupon seal the copy of the court's order or sealing of records that was received.
Requires the court to provide notice to the minor and minor's counsel that it has ordered the petition dismissed and the record sealed in the case, including notice of the minor's right to nondisclosure of the arrest and proceedings as specified.
States that upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may properly reply accordingly to any inquiry by employers, educational institutions or other persons or entities regarding the arrest and proceedings in the case.
Provides that satisfactory completion of informal supervision or another term of probation shall be deemed to have occurred if the person has no new finding of wardship or conviction for a felony offense for or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed substantially to comply with the reasonable orders of supervision or probation that are within his or her capacity to perform.
Prohibits the extension of the period of supervision or probation solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records.
States that an unfulfilled order or condition of restitution that can be converted to a civil judgment shall not be deemed to constitute unsatisfactory completion of supervision or probation.
Specifies that a record that has been ordered sealed by the court under this section may be accessed, inspected or used only under the following circumstances:
By the prosecuting attorney and the probation department for the limited purpose of determining whether the minor is eligible for deferred entry of judgment or for a program of supervision, as defined.
By the court for the limited purpose of verifying the prior jurisdictional purpose of a ward who is petitioning the court to resume its jurisdiction.
If a new petition has been filed against a minor for a felony offense, by the probation department for the limited purpose of identifying the minor's previous court-ordered programs or placements, and in that event solely to determine the individual's eligibility or suitability for remedial programs or services. The information obtained under this exception shall not be disseminated to other agencies or individuals, except as necessary to implement referral to a remedial program or service, and shall not be used to support the imposition of penalties or detention or other sanctions upon the minor.
By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
States that access to or inspection of a sealed record authorized by these provisions shall not be deemed an opening of the record and shall not require notice to any other agency.
Requires Judicial Council to adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
Revises the exclusion of 707(b) offenses from sealing under this section to specify that the offense must have been committed when the minor was 14 years of age or older.
States the finding of the Legislature that in order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, or any other public agency also be sealed.
EXISTING LAW:
Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a).)
States that once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events. (Welf. & Inst. Code, § 781, subd. (a).)
Prohibits, notwithstanding any other provision of law, the court from ordering a person's records sealed in any case in which the person has been found to have committed an offense listed in section 707(b), which are offenses for which certain minors could be tried in adult court. (Welf. & Inst. Code, § 781, subd. (a).)
Permits the court to access a file that has been sealed for the limited purpose of verifying the prior jurisdictional status of the ward who is petitioning the court to resume its jurisdiction, as specified. This access is not to be deemed an unsealing of the records. (Welf. & Inst. Code, § 781, subd. (e).)
Allows a judge of the juvenile court in which a petition was filed to dismiss the petition, or to set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that he or she is not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. (Welf. & Inst. Code, § 782.)
Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation for any offense other than a specified serious, sexual, or violent offense, then the court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment. The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code, § 786.)
States that any person who was under the age of 18 when he or she was arrested for a misdemeanor may petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, in certain circumstances. (Pen. Code, § 851.7.)
Provides that a person who was under the age of 18 at the time of commission of a misdemeanor and is eligible for, or has previously received expungement relief, may petition the court for an order sealing the record of conviction and other official records in the case, including arrest records and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted, or the charges dismissed. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (Pen. Code, § 1203.45, subd. (a).)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "AB 666 is an important measure that can reduce recidivism and open doors to jobs and education for many of California youth. The goal is to open pathways to college and jobs for justice-involved youth whose criminal records and histories stand in the way of employment and other re-entry opportunities. SB 1038 (Leno, 2014) revised the central policy and process for the sealing and dismissal of charges in non-violent juvenile delinquency cases. However, in the past few months experience in the courts has revealed implementation concerns. If passed AB 666 will provide for statewide standards for the courts and ensure access of youth to jobs and higher education."
Sealing and Destruction of Records: Minors adjudicated delinquent in juvenile court proceedings may petition the court to have their records sealed unless they were found to have committed certain serious offenses. (Welf. & Inst. Code, § 781.) A person may have his or her juvenile court records sealed by petitioning the court "five years or more after the jurisdiction of the juvenile court has terminated over [the] person adjudged a ward of the court or after [the] minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18." (Welf. & Inst. Code, § 781, subd. (a).) Once the court has ordered the records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events. (Ibid.) The relief consists of sealing all of the records related to the case, including the arrest record, court records, entries on dockets, and any other papers and exhibits. The court must send a copy of the order to each agency and official named in the petition for sealing records, directing the agency to seal its records and stating the date thereafter to destroy the sealed records. (Ibid.)
The court may also order the dismissal of a minor's juvenile court
case and have the court records sealed without a petition from the
minor if the minor has been found to have satisfactorily completed an
informal program of supervision or probation, except in specified
cases. (Welf. & Inst. Code, § 786.) Upon sealing of the record,
the arrest upon which the judgment was deferred shall be deemed to
have never occurred. (Ibid.) The court shall order sealed all
records in its custody pertaining to a petition dismissed. (Ibid.)
The prosecuting attorney and the probation department of any county
shall have access to these records after they are sealed for the
limited purpose of determining whether the minor is eligible for
deferred entry of judgment. The court may access the sealed file for
the limited purpose of verifying the prior jurisdictional status of a
ward who is petitioning the court to resume its jurisdiction.
(Ibid.)
The automatic dismissal and sealing of a minor's juvenile court records described above was established by SB 1038 (Leno), Chapter 249, Statutes of 2014. According to the bill analysis, "[b]ecause the petition to seal requires the involvement of the probation office, the prosecutor, and the court, there are often lengthy delays as well as significant costs associated with sealing. Moreover, many youth are unaware of their right to petition, or may have moved out of state and are unable to complete the process.
"The fact that many youth are unaware of their right to seal their juvenile record, or are unable to complete the process due to procedural, logistical or financial barriers is a serious shortcoming of our juvenile justice system. . . . SB 1038 seeks to remedy these shortcomings in current law by streamlining the process for sealing a juvenile’s record . . .
"In doing so, this bill will further the dual purposes of the
juvenile justice system: rehabilitation and reintegration, by better
ensuring that juveniles have a clear pathway to clearing their
records, when in compliance with existing statutory and probationary
requirements. The bill recognizes the established role of
California’s Juvenile Courts as institutions of reform, not
punishment, and will help individuals with juvenile records to find
and hold jobs, and become fully functioning members of society."
(Sen. Com. on Public Safety, Analysis of Sen. Bill No. 1038
(2013-2014 Reg. Sess.) as amended Mar. 28, 2014.)
Unlike
the sealing process under Welfare and Institutions Code § 781, SB
1038 did not require the court to order records sealed in the
possession of other public agencies such as law enforcement or
probation. Arrest records and probation records can be damaging on an
individual's ability to pursue higher education or find a job. This
bill seeks to address these concerns by requiring those records to be
sealed as well, and provides access to those records for the limited
purposes of determining DEJ eligibility or suitability for referral
to a program or service, and resuming the court's jurisdiction. The
bill specifies that the information in the records "shall not be
used to support the imposition of penalties or detention or other
sanctions upon the minor." This bill also clarifies that the
707(b) exclusion from sealing applies if the offense was committed
when the minor was 14 years of age or older, which mirrors the
exclusion in Welfare and Institutions Code § 781.
Deferred Entry of Judgment (DEJ): DEJ is a form of diversion. Generally, if a defendant is granted DEJ, entry of judgment on the defendant's guilty plea is deferred pending successful completion of a program or other conditions. If a defendant placed in a DEJ program fails to complete the program or comply with the conditions imposed by the court, criminal proceedings resume and the defendant, having already pleaded guilty, is sentenced.
In the juvenile justice setting, DEJ is available to minors who are at least 14 years of age and alleged to have committed a felony offense. Additionally, the minor must have not been previously declared a ward of the court for the commission of a felony offense; the current offense charged must not be one of the enumerated offenses in Welfare and Institutions Code section 707(b); the minor must not have previously been committed to the custody of the Division of Juvenile Justice; the minor's record must not indicate that probation has ever been revoked without being completed; and the minor must be eligible for probation. (Welf. & Inst. Code, § 790, subd. (a).)
The prosecuting attorney has to duty to determine whether the minor
is eligible for DEJ and file a declaration with the court or state on
the record the grounds upon which the determination was made. The
minor must admit to the charges and the court must also find that the
minor is suitable for DEJ. (Welf. & Inst. Code, § 790, subd.
(b).) This bill allows access to sealed juvenile court records in
order to determine whether a minor is eligible for DEJ.
Argument in Support: According to Commonweal, the sponsor of this bill, "SB 1038 requires the Juvenile Court to seal the court records and to dismiss the petition in delinquency cases where the minor has satisfactorily completed probation or a program of informal probation supervision. Sealing and dismissal under Section 786 are intended to be automatic (court-initiated), as an alternative to the existing, cumbersome and costly petition process that is so little utilized and largely inaccessible by former juvenile offenders.
"AB 666 meets needs that have become apparent since SB 1038 was enacted, including:
Inconsistent implementation. Implementation of the auto-sealing and dismissal provisions of Section 786 has been inconsistent among California courts, based on the information we are getting from counsel in sealing cases. Some courts are asking for prior probation department approval to initiate the new sealing process or are requiring that the minor make the sealing request—even though the process in qualifying cases was intended to be self-initiated by the Court. AB 666 would require the Judicial Council to adopt rules and forms to assure the consistent and standardized implementation of the new sealing law.
Records not covered. In addition, SB 1038 did not cover arrest and other law enforcement records. A key goal of SB 1038 was to open doors to employment and higher education for former juvenile offenders who have met their justice system obligations. To achieve this goal, arrest and probation records need to be included in the scope of records that the court requires to be sealed upon dismissing the charges. AB 666 adds this protection, which also brings Section 786 into alignment with the older sealing statute, WIC Section 781.
. . .
"We also indicate our support for . . . better guidance to
courts in determining what constitutes 'satisfactory completion' of
probation or supervision under Section 786. We are recommending that
'satisfactory completion' be defined utilizing two criteria. First
(drawing from WIC Section 781, the 'older' sealing statute) that the
individual not have been adjudicated or convicted for a new felony or
misdemeanor involving moral turpitude during the period of
supervision. Second, that the person did not fail substantially to
comply with the reasonable orders of probation that were within his
or her capacity to perform. This latter criterion is viewed as
providing a 'passing grade' standard for 'satisfactory' completion.
Many probation orders in delinquency cases are checklists of
conditions that are difficult or impossible for many adolescents to
perform at an 'A' grade level—including such conditions as 'must
attend all school classes' and 'must obey all orders of parents or
guardian'. On occasion, children on probation backslide by perhaps
failing a drug test or skipping an appointment—but this does not
mean that they cannot or do not rebound to a level of satisfactory
overall performance. We find support in case law and prior
legislation for the concept that successful completion of probation
does not require the fulfillment of every probation condition. See,
for example, In re Timothy N, 216 Cal.App.4th 725 (2013) where
the court ruled that probation was successfully completed even though
the minor had an unfulfilled order and condition of restitution. . .
[Citation omitted.]
"Our goal, after all, is to
support the re-entry, rehabilitation and employability of juveniles
having justice system histories, and not to impose lifetime barriers
to success based on probation performance criteria that are too rigid
or unrealistic from an adolescent development perspective."
Argument in Opposition: According to the California District Attorneys Association, "In determining what 'care, treatment, and guidance' is best for a minor, a simple rule of thumb applies (and is articulated throughout the W&I code) – the more information the court and other involved agencies have, the more likely the juvenile justice system as a whole will be able to tailor the services provided to the minor to ensure that those services address the minor's specific needs. Restricting access to potentially important information about a minor's prior contact with law enforcement or the juvenile justice system in this manner is tantamount to telling a diagnosing physician that she cannot consider a patient's entire medical record in determining a treatment plan.
"In an effort to extend the confidentiality of juvenile records so that delinquency contacts from years past do not burden people unduly in the future, this bill will in fact have the unfortunate effect of preventing the juvenile court, probation, and other agencies from accurately assessing what level of intervention and treatment is appropriate for a minor who has multiple contact with the system. This certainly is not of benefit to the minor, and is contrary to 'conformity with the interests of public safety and protection.'"
Related Legislation: AB 989 (Cooper) would authorize the probation department of any county to access a minor's sealed records for the limited purposes of determining a minor's prior program referrals and risk-needs assessments. AB 989 will be heard by this Committee today.
Prior Legislation:
SB 1038 (Leno), Chapter 249, Statutes of 2014, provides for the automatic dismissal of juvenile petitions and sealing of records when a juvenile offender successfully completes probation.
AB 1756 (Skinner), of the 2013-2014 Legislative Session, would have provided that only a person 26 years of age or older may be charged a fee for petitioning the court for an order sealing his or her juvenile record. AB 1756 was held on the Senate Committee on Appropriation's Suspense File.
REGISTERED SUPPORT / OPPOSITION:
Support
Commonweal, The Juvenile Justice Program (Sponsor)
American
Civil Liberties Union of California
California Attorneys for
Criminal Justice
California Coalition for Youth
Center on
Juvenile and Criminal Justice
Juvenile Court Judges of
California
League of Women Voters of California
Legal
Services for Prisoners with Children
National Association of
Social Workers, California Chapter
Youth Law Center
Opposition
California District Attorneys Association
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744
Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
4MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
43MIN
Senate Standing Committee on Public Safety
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):