BILL ANALYSIS Ó
AB 666
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
666 (Mark Stone)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: |42-33 |(June 2, 2015) |SENATE: | |(September 10, |
| | | | |24-16 |2015) |
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Original Committee Reference: PUB. S.
SUMMARY: Requires records in the custody of law enforcement
agencies, the probation department, or the Department of Justice
(DOJ), to also be sealed, in a case where a court has ordered a
juvenile's records to be sealed, as specified.
The Senate amendments:
1)Recast a provision in the bill that prohibits the court from
sealing a record or dismissing a petition if the petition was
sustained based on the commission of an offense listed in
subdivision (b) of Welfare and Institutions Code Section 707
that was committed when the individual was 14 years of age or
older and specifies that this does not apply if the finding on
that offense was dismissed or was reduced to a lesser offense.
2)Provide that an unfulfilled restitution fine that can be
converted to a civil judgment or an unpaid restitution fee may
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not be used to constitute unsatisfactory completion of
supervision or probation.
3)Authorize the court, in making its order to seal the record
and dismiss the instant petition, to 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 bill.
4)Specify that a court may also access, inspect or utilize a
record that has been ordered sealed by the court for the
limited purpose of determining whether a minor is eligible and
suitable for deferred entry of judgment or is ineligible for a
program of supervision, as defined.
5)State upon a subsequent adjudication of a minor whose record
has been sealed and a finding that the minor is a ward of the
court based on the commission of a felony offense, the
probation department, prosecuting attorney, counsel for the
minor, or the court may access, inspect or utilize a record
that has been ordered sealed by the court for the limited
purpose of determining an appropriate juvenile court
disposition. Specify that access, inspection, or use under
this provision shall not be construed as a reversal or
modification of the court's order dismissing the petition and
sealing the records in the prior case.
6)State that upon the prosecuting attorney's motion to initiate
court proceedings to determine the minor's fitness to be dealt
with under the juvenile court law, the probation department,
the prosecuting attorney, counsel for the minor, or the court
may access, inspect or utilize a record that has been ordered
sealed by the court for the limited purpose of evaluating and
determining the minor's fitness to be dealt with under the
juvenile court law. Specify that this access, inspection, or
use under this provision shall not be construed as a reversal
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or modification of the court's order dismissing the petition
and sealing the records in the prior case.
7)Provide that a court is not prohibited from enforcing a civil
judgment for an unfulfilled order of restitution as specified
and 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.
8)Authorize that a victim or local collection program to
continue to enforce victim restitution orders, restitution
fines, and court-ordered fines and fees after a record is
sealed.
9)State that a juvenile court shall have access to the records
sealed for the limited purpose of enforcing a civil judgment
or restitution order.
10)Provide, notwithstanding any other law, a record sealed may
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 provision
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.
11)State, notwithstanding any other law, a court may authorize a
researcher or research organization to access information
contained in records that have been sealed for the purpose of
conducting research on juvenile justice populations,
practices, policies, or trends, if certain conditions are met.
12)Define the term "personally identifying information."
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13)Allow a court, upon request of an individual who has a record
that is eligible to be sealed, to order the sealing of a
record that is in the custody of a public agency other than a
law enforcement agency, the probation department, or DOJ, if
the court determines that sealing the additional record will
promote the successful reentry and rehabilitation of the
individual.
14)Authorize DOJ to access the sealed record for the limited
purpose of complying with data collection or data reporting
requirements that are imposed by other provisions of law.
15)Double joins this bill with AB 989 (Cooper) of the current
legislative session to avoid chaptering out issues.
EXISTING LAW:
1)Provides that five years or more after the jurisdiction of 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.
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.
3)Prohibits, notwithstanding any other provision of law, the
court from ordering a person's records sealed in any case in
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which the person has been found to have committed an offense
listed in Welfare and Institutions Code Section 707(b), which
are offenses for which certain minors could be tried in adult
court.
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.
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.
6)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.
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AS PASSED BY THE ASSEMBLY, this bill:
1)Required 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.
2)Stated 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.
3)Required 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.
4)Stated 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.
5)Provided 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.
6)Prohibited the extension of the period of supervision or
probation solely for the purpose of deferring or delaying
eligibility for dismissal of the petition and sealing of the
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records.
7)Stated that an unfulfilled order or condition of restitution
that can be converted to a civil judgment shall not be deemed
to constitute unsatisfactory completion of supervision or
probation.
8)Specified 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:
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 or 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) By the person whose record has been sealed, upon his or
her request and petition to the court to permit inspection
of the records.
9)Stated that access to or inspection of a sealed record
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authorized by these provisions shall not be deemed an opening
of the record and shall not require notice to any other
agency.
10)Required 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.
11)Revised the exclusion of Welfare and Institutions Code
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.
12)Stated 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)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 the
bill.
2)Minor one-time costs of $10,000 to $20,000 (General Fund*) to
the Judicial Council for the creation of rules and necessary
forms.
3)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
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entity's custody. Costs would vary by county and be dependent
on the number and volume of records to be sealed and destroyed
COMMENTS: According to the author, "AB 666 is an important
measure that can reduce recidivism and open doors to jobs and
education for many of California youth. The goal is to open
pathways to college and jobs for justice-involved youth whose
criminal records and histories stand in the way of employment
and other re-entry opportunities. SB 1038 (Leno), [Chapter 249,
Statutes of 2014], revised the central policy and process for
the sealing and dismissal of charges in non-violent juvenile
delinquency cases. However, in the past few months experience
in the courts has revealed implementation concerns. If passed
AB 666 will provide for statewide standards for the courts and
ensure access of youth to jobs and higher education."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0002248