Amended in Senate July 15, 2015

Amended in Senate June 11, 2015

Amended in Assembly April 9, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 666

Introduced by Assembly Member Mark Stone

February 24, 2015

An act to amend Section 786 of, and to add Section 787 to, the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

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 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 begin delete any other public agency having records pertaining to those cases, end delete begin insert the Department of Justice end insert to be sealed according to a certain procedure. begin insert 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. end insert 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 person’s 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

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 begin delete any other public agency having
records pertaining to the case. end delete begin insert the Department of Justice. end insert 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 court’s order that was received. The court shall also provide
notice to the minor and minor’s counsel that it has ordered the
petition dismissed and the records sealed in the case. The notice
shall include an advisement of the minor’s right to nondisclosure
of the arrest and proceedings, as specified in subdivision (b).

(b) Upon the court’s 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)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(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.

end insert

(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 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 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, begin insert the Department
of Justice, end insert 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” begin delete 6 end delete 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 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. 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, begin insert the Department of Justice, end insert or any other
public agency also begin delete be end delete begin insert be, or be subject to being, end insert 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.