BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 666
          Author:   Mark Stone (D)
          Amended:  9/4/15 in Senate
          Vote:     21  

           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).

          ANALYSIS: 
          
          Existing law:

           1) Provides that five years or more after the jurisdiction of  








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             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).)

           2) 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).)

           3) 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).)

           4) 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).)

           5) 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.)

           6) States that any person who was under the age of 18 when he  







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             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.)

           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).)

           8) 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:

           1) 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.








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           2) 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.  

           3) 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.  

           4) 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.

           5) 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.

           6) 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.  

           7) 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.

           8) 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:








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             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 or is eligible for a program of supervision, as  
               defined.

             b)   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.

             c)   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.

             d)   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."

             e)   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.








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             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, as specified.

           9) 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.

           10)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.

           11)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.

           12)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.

           13)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).

           14)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.

           15)Authorizes the court, in making its order to seal the record  
             and dismiss the instant petition pursuant to this section,  







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             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.

           16)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.

           17)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.:YesLocal:   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. 











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           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


          SUPPORT:   (Verified  9/4/15)

          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:   (Verified9/4/15)


          California District Attorneys Association
          California State Sheriffs' Association
          Sacramento County District Attorney








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          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







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          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


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