BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 989|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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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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            (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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            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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