AB 666, as amended, Mark Stone. Juveniles: sealing of records.
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 billbegin delete would, in those circumstances, alsoend deletebegin insert
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 wouldend insert require recordsbegin insert pertaining to those casesend insert in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining tobegin delete the case, to be sealed,end deletebegin insert those cases, to be sealed according to a certain procedure,end insert except as specified.begin insert The bill would make related changes.end insert The bill would also require the Judicial Council to adopt rules of court, and make available
appropriate forms, providing for the standardized implementation ofbegin delete this sectionend deletebegin insert
these provisionsend insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 786 of the Welfare and Institutions Code
2 is amended to read:
(a) Ifbegin delete theend deletebegin insert aend insert minor satisfactorily completes (1) an informal
4program of supervision pursuant to Section 654.2, (2) probation
5under Section 725, or (3) a term of probation for any offense not
6listed in subdivision (b) of Sectionbegin delete 707,end deletebegin insert 707 committed when he
7or she was 14 years of age or older,end insert the court shall order the
8petitionbegin delete dismissed, and the arrest upon which the judgment was begin insert
dismissed.end insert
The
9deferred shall be deemed not to have occurred.end delete
10court shall order sealed all records pertaining to that dismissed
11petition in the custody of the juvenile court, and in the custody of
12law enforcement agencies, the probation department, or any other
13public agency having records pertaining to thebegin delete case, except that begin insert
case. The court shall send a copy of the order to each
14the prosecuting attorney and the probation department of a county
15shall have access to these records after they are sealed for the
16limited purpose of determining whether the minor is eligible for
P3 1deferred entry of judgment pursuant to Section 790. The court may
2access a file that has been sealed pursuant to this section for the
3limited purpose of verifying the prior jurisdictional status of a ward
4who is petitioning the court to resume its jurisdiction pursuant to
5subdivision (e) of Section 388. This access shall not be deemed
6an unsealing of the record and shall not require notice to any other
7entity.end delete
8agency and official named in the order, direct the agency or official
9to seal its records, and specify a date by which the sealed records
10shall be destroyed. Each agency and official named in the order
11shall seal the records in its custody as directed by the order, shall
12advise the court of its compliance, and, after advising the court,
13shall seal the copy of the court’s order that was received. The
14court shall also provide notice to the minor and minor’s counsel
15that it has ordered the petition dismissed and the records sealed
16in the case. The notice shall include an advisement of the minor’s
17right to nondisclosure of the arrest and proceedings, as specified
18in subdivision (b).end insert
19(b) Upon the court’s order of dismissal of the petition, the arrest
20upon which the
judgment was deferred and other proceedings in
21the case shall be deemed not to have occurred and the person who
22was the subject of the petition may reply accordingly to any inquiry
23by employers, educational institutions, or other persons or entities
24regarding the arrest and proceedings in the case.
25(c) (1) For purposes of this section, satisfactory completion of
26an informal program of supervision or another term of probation
27described in subdivision (a) shall be deemed to have occurred if
28the person has no new findings of wardship or conviction for a
29felony offense or a misdemeanor involving moral turpitude during
30the period of supervision or probation and if he or she has not
31failed to substantially comply with the reasonable orders of
32supervision or probation that are within his or her capacity to
33perform. The period of supervision or probation shall not be
34extended solely for the purpose of deferring or delaying
eligibility
35for dismissal of the petition and sealing of the records under this
36section.
37(2) An unfulfilled order or condition of restitution that can be
38converted to a civil judgment under Section 730.6 shall not be
39deemed to constitute unsatisfactory completion of supervision or
40probation under this section.
P4 1(d) (1) A record that has been ordered sealed by the court under
2this section may be accessed, inspected, or utilized only under any
3of the following circumstances:
4(A) By the prosecuting attorney and the probation department
5for the limited purpose of determining whether the minor is eligible
6for deferred entry of judgment pursuant to Section 790 or for a
7program of supervision as defined in Section 654.3.
8(B) By the court
for the limited purpose of verifying the prior
9jurisdictional status of a ward who is petitioning the court to
10resume its jurisdiction pursuant to subdivision (e) of Section 388.
11(C) If a new petition has been filed against the minor for a felony
12offense, by the probation department for the limited purpose of
13identifying the minor’s previous court-ordered programs or
14placements, and in that event solely to determine the individual’s
15eligibility or suitability for remedial programs or services. The
16information obtained pursuant to this subparagraph shall not be
17disseminated to other agencies or individuals, except as necessary
18to implement a referral to a remedial program or service, and
19shall not be used to support the imposition of penalties, detention,
20or other sanctions upon the minor.
21(D) By the person whose record has been sealed, upon his or
22her request and petition to the
court to permit inspection of the
23records.
24(2) Access to, or inspection of, a sealed record authorized by
25paragraph (1) shall not be deemed an unsealing of the record and
26shall not require notice to any other agency.
27(b)
28begin insert(e)end insert The Judicial Council shall adopt rules of court, and shall
29make available appropriate forms, providing for the standardized
30implementation of this section by the juvenile courts.
The Legislature finds and declares that Section 1 of
32this act, which amends Section 786 of the Welfare and Institutions
33Code, imposes a limitation on the public’s right of access to the
34meetings of public bodies or the writings of public officials and
35agencies within the meaning of Section 3 of Article I of the
36California Constitution. Pursuant to that constitutional provision,
37the Legislature makes the following findings to demonstrate the
38interest protected by this limitation and the need for protecting
39that interest:
P5 1In order to protect the privacy of children who have had their
2juvenile delinquency court records sealed, it is necessary that
3related
records in the custody of law enforcement agencies, the
4probation department, or any other public agency also be sealed.
If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.
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