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), et al.
          Amended:  9/2/15 in Senate
          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.

          Senate Floor Amendments of 9/2/15 (1) add language allowing  
          non-identifying and limited access to otherwise sealed juvenile  
          records for purposes relating to data collection or reporting,  
          as specified; (2) ensure that restitution, fines and fees  
          continue to be enforceable notwithstanding a sealed record, as  
          specified; and (3) add technical, non-substantive  
          double-jointing amendments to avoid chaptering problems with AB  
          666 (Stone).

          ANALYSIS: 
          
          Existing law:









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          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.   
            (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 or  







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            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 recasts this statute, and adds the following  
          provisions:

          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  







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            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  
            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-B and IV-E compliance;

          4)Allows law enforcement, including probation, a court or other  
            local agency having custody of a sealed record to access an  
            otherwise sealed juvenile record to comply with data  
            collection or data reporting requirements in other laws,  
            providing that personal identifying information from a sealed  
            record accessed pursuant to this provision would not be  
            disclosed, as specified.

          5)Includes language to ensure that restitution orders, fines and  
            fees continue to be enforceable notwithstanding a sealed  
            juvenile record, as specified.

          6)Includes technical double-jointing amendments to avoid  
            chaptering problems with AB 666 (Stone).

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified9/3/15)


          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







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          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:   (Verified9/3/15)


          Legal Services for Prisoners with Children


          ARGUMENTS IN SUPPORT:     Supporters state in part:


            (Under current law), if a juvenile has completed his/her  
            term of probation, and is subsequently arrested as a  
            minor, probation officers are prohibited from accessing  
            all files, including their own department's files, for  
            any purpose.  As a result, without access to earlier  
            files, the probation officer has no ability to determine  
            the proper course of action as it pertains to placement  
            and/or rehabilitative placement.  This prohibition also  
            inhibits the probation officer's ability to provide a  
            comprehensive dispositional report to the court.









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            This bill will grant probation officers limited access to  
            juvenile files, in case of a subsequent arrest of a  
            juvenile, in order to inform the probation officer's  
            recommendation for rehabilitation program referral,  
            risk-needs assessments, and other placements.


            This clean up legislation is vital for the proper  
            performance of probation officer duties as it pertains to  
            re-offender juveniles. . . .


          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 officers used this  
            information for other purposes.









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          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. / 
          9/3/15 18:40:01


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