BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SB 513 (Hancock) - Diversion programs: sealed records.
Amended: April 1, 2013 Policy Vote: Public Safety 6-1
Urgency: No Mandate: No
Hearing Date: May 13, 2013 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 513 provides that two years after successfully
completing a diversion program administered by a prosecuting
attorney, an individual may petition the court for an order
sealing the records of arrest and related court files and
records, as specified.
Fiscal Impact:
Potential first year increase in court costs in the range of
$125,000 to $250,000 (General Fund*) for increased petitions
requesting a sealing order on court records. This estimate is
based on the population of individuals who have successfully
completed a diversion program and would be eligible to
petition the court upon enactment of this measure.
To the extent the provisions of this bill increase the
benefits realized by diversion program participants and prompt
increased participation in these programs, there could be
potential future cost savings of a significant amount to the
criminal justice system, both to the courts in averted
prosecutorial hearings as well as to local incarceration, that
could more than offset the ongoing court costs incurred for
petitions to seal records.
*Trial Court Trust Fund
Background: Existing law provides that in any case in which a
person is diverted pursuant to a drug diversion program
administered by a superior court or is admitted to a deferred
entry of judgment program, if the person successfully completes
the program, and it appears to the judge presiding at the
hearing that the interests of justice would be served by sealing
the records of the arresting agency and related court files and
records with respect to the diverted person, the judge may order
those records and files to be sealed, including any record of
arrest or detention, upon the written or oral motion of any
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party in the case, or upon the court's own motion, and with
notice to all parties in the case.
This bill seeks to enhance the benefits of participation in
community court programs such as the one in San Francisco, where
individuals who commit certain misdemeanor or infraction
offenses may be diverted by the district attorney to
Neighborhood Courts, an alternative to prosecution, by being
referred prior to the case being charged in criminal court. The
main goals of this program are efficient case resolution,
community-driven solutions, reduced burden on criminal courts,
and reduced recidivism.
Proposed Law: This bill provides that two years after a person
has successfully completed a diversion program administered by a
prosecuting attorney, he or she may petition the court for an
order sealing the records of arrest and related court files and
records:
Notice of the petition must be given to the prosecutor
and the arresting agency at least 10 days prior to the
hearing, and the prosecutor may present to the court
evidence in opposition to the petition at the hearing.
Upon the granting of the order, the clerk of the court
shall allow no access to the court file and records.
The court shall give the petitioning person a copy of
the order and inform the petitioner that he or she may
state that the arrest never occurred.
With specified exceptions, the arrest record shall not
be used without the person's permission to deny a person
any employment, benefit or certificate.
The order shall not be forwarded to the Department of
Justice (DOJ). The order shall not affect DOJ fingerprint
and criminal history records, or any document or record
received or maintained by the DOJ.
The person shall be informed that the arrest shall be
disclosed by DOJ in a peace officer application and that
the person must disclose the arrest in response to any
direct question on an application for a position as a peace
officer.
The person shall be advised that the arrest will be
disclosed by DOJ or the court in connection with the
person's eligibility for any subsequent diversion program.
Related Legislation: SB 599 (Perata) Chapter 792/2003 authorized
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a court to order the sealing of records of any person who
successfully completed a drug diversion or deferred entry of
judgment program.
Staff Comments: This bill would establish a mechanism for
individuals who successfully complete a prosecutor-administered
diversion program such as Neighborhood Courts to have their
arrest record sealed in the same manner as individuals who
successfully complete court diversion programs.
The San Francisco Neighborhood Courts program has served over
700 cases to date, representing individuals arrested for 500
misdemeanor and 200 infraction offenses. Successful participants
from community court programs who completed the program at least
two years ago would be eligible to petition for the sealing of
records upon enactment of this measure, resulting in an increase
in court costs to hold hearings for about 511 individuals, based
on an estimated number of participants who will have
successfully reached the two-year requirement by the end of this
year. Increased costs to the courts assuming 30 minutes to
one-hour for each petition is estimated at $128,000 to $255,500.
The provisions of this bill could increase the benefits realized
by diversion program participants and prompt increased
participation in these programs. By diverting low-level
offenders from prosecution and keeping potential convictions off
their records, this bill could remove barriers to community
participation and the ability to secure stable employment.
Increased participation in community court programs could result
in significant future cost savings to the criminal justice
system, both to the courts in averted prosecutorial hearings, as
well as in local incarceration costs.