BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 989|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 989
Author: Cooper (D)
Amended: 4/16/15 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/23/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
ASSEMBLY FLOOR: 78-0, 4/23/15 - See last page for vote
SUBJECT: Juveniles: sealing of records
SOURCE: Chief Probation Officers of California
State Coalition of Probation Organizations
DIGEST: This bill provides limited access to otherwise sealed
juvenile records to district attorneys and probation
departments, as specified.
ANALYSIS:
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.
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Page 2
(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 Welfare and Institutions Code 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 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
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Page 3
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)Authorizes the prosecuting attorney and the probation
department of any county access to the records to determine if
the minor is eligible for informal supervision, as specified.
2)Provides that if "a new petition has been filed against the
minor for a felony offense, the probation department of any
county shall have access to the records 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 paragraph 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
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the imposition of penalties, detention, or other sanctions
upon the minor."
3)Provides that the probation department of any county may
access the records for the limited purpose of meeting federal
Title IV-E compliance.
Background
Minors adjudicated delinquent in juvenile court proceedings may
petition the court to have their records sealed unless they were
found to have committed certain serious offenses. (Welf. &
Inst. Code, § 781.) A person may have his or her juvenile court
records sealed by petitioning the court "five years or more
after the jurisdiction of the juvenile court has terminated over
[the] person adjudged a ward of the court or after [the] minor
appeared before a probation officer, or, in any case, at any
time after the person has reached the age of 18." (Welf. & Inst.
Code, § 781, subd. (a).) Once the court has ordered the records
sealed, the proceedings in the case shall be deemed never to
have occurred, and the person may properly reply accordingly to
any inquiry about the events. (Ibid.) The relief consists of
sealing all of the records related to the case, including the
arrest record, court records, entries on dockets, and any other
papers and exhibits. The court must send a copy of the order to
each agency and official named in the petition for sealing
records, directing the agency to seal its records and stating
the date thereafter to destroy the sealed records. (Ibid.)
A minor's juvenile court case is dismissed and court records
sealed without a petition from the minor if the minor has been
found to have satisfactorily completed an informal program of
supervision or probation, except in specified cases. (Welf. &
Inst. Code, § 786.) Upon sealing of the record, the arrest upon
which the judgment was deferred shall be deemed to have never
occurred. (Ibid.) The court shall order sealed all records in
its custody pertaining to a petition dismissed. (Ibid.) 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 the sealed
file for the limited purpose of verifying the prior
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jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction. (Ibid.)
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/24/15)
Chief Probation Officers of California (co-source)
State Coalition of Probation Organizations (co-source)
American Federation of State, County and Municipal Employees
Association for Los Angeles Deputy Sheriffs
Association of Probation Supervisors
California District Attorneys Association
California Probation, Parole and Correctional Association
California State Lodge, Fraternal Order of Police
County of San Diego; Fraternal Order of Police
Kern County Probation Officers Association
Long Beach Police Officers Association
Los Angeles County Probation Officers Union
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Monterey County Probation Association
Orange County Employees Association
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs' Association
Sacramento County Probation Association
San Francisco Deputy Probation Officers' Association
San Joaquin Probation Officers Association
San Mateo County Probation and Detention Association
Santa Ana Police Officers Association
Santa Clara County Probation Peace Officers' Union
Shasta County Professional Peace Officers Association
Ventura County Professional Peace Officers' Association
OPPOSITION: (Verified6/24/15)
Legal Services for Prisoners with Children
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ARGUMENTS IN SUPPORT:
The author states:
In 2014, SB 1038 (Leno) regarding juvenile records
sealing was signed into law. The bill provided for the
automatic dismissal of juvenile petitions and sealing of
records in cases where a juvenile offender successfully
completes probation. The intent was to provide
incentives for youth to successfully complete probation
and foster employment, housing, and education
opportunities by setting forth a process to have
juvenile records sealed.
Upon implementation there have been varying legal
opinions as to whether probation records such as program
referrals and risk/needs assessments are considered part
of the court record and would therefore be required to
be sealed under the provisions of SB 1038.
Therefore, there are cases when a youth comes back into
the custody of the juvenile court and probation is
unable to view their previous program referrals and
other information relative to eligibility for programs
to make the most appropriate determination on getting
them connected to services. Further, it is important
that probation be able to access records on a limited
basis for the purposes of determining AB 12 extended
foster care eligibility, eligibility for informal
probation, and Federal Title IV-E purposes. In order to
achieve the best outcomes for these minors, it is
important that probation have access to this information
to make the most effective case plan determinations for
the minor's treatment.
AB 989 would continue the practice and original intent
of SB 1038 to ensure that minors' records are
automatically sealed upon successful completion and
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would clarify that in cases where a juvenile record has
been sealed pursuant to Welfare & Institutions Code 786,
if a youth subsequently comes back into the custody of
the juvenile court, probation may access limited
information as it pertains to determining AB 12 extended
foster care eligibility, informal probation eligibility,
Federal Title IV-E purposes and prior program and
service referrals in order to most appropriately develop
a case plan to address the treatment needs of the minor.
ARGUMENTS IN OPPOSITION:
Legal Services for Prisoners with Children, which opposes this
bill, states in part:
California's confidentiality laws are intended to
protect children from present and future adverse
consequences and unnecessary emotional harm. Juvenile
courts are intended to have exclusive authority in
determining whether a juvenile record is to be shared.
Under current law, entities must petition the court to
obtain someone's confidential juvenile records. This
process gives the defending party an opportunity to
contest the sharing of information that may be
detrimental to his or her rehabilitation and best
interests.
AB 989 would add a new subsection (b)(3) to Welfare and
Institutions Code Section 786 to grant probation
departments access to sealed juvenile records, for the
limited purpose of determining program referrals. This
proposal is unnecessary because district attorneys
already make informed decisions to refer young
defendants to programs, regardless of probation records.
District attorneys already have access to sealed
juvenile records to decide eligibility for deferred
entry of judgment. Additionally, we are concerned that
it will be difficult to limit access to this stated
'limited purpose,' and difficult to know whether access
was limited in this fashion or whether probation
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officers used this information for other purposes.
ASSEMBLY FLOOR: 78-0, 4/23/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Salas
Prepared by:Alison Anderson / PUB. S. /
6/24/15 15:29:20
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