BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 666| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 666 Page 2 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 AB 666 Page 3 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. AB 666 Page 4 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: AB 666 Page 5 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. AB 666 Page 6 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, AB 666 Page 7 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. AB 666 Page 8 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 AB 666 Page 9 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 AB 666 Page 10 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 ****