BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 989| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. AB 989 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 AB 989 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 AB 989 Page 4 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 AB 989 Page 5 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 AB 989 Page 6 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 AB 989 Page 7 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 AB 989 Page 8 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 **** END ****