BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 989


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          989 (Cooper)


          As Amended  September 2, 2015


          Majority vote


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          |ASSEMBLY:  |78-0  |(April 23,     |SENATE: |39-0  |(September 8,    |
          |           |      |2015)          |        |      |2015)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
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          Original Committee Reference:  PUB. S.




          SUMMARY:  Authorizes the district attorney and probation department to  
          access sealed juvenile records for additional limited purposes.


          The Senate amendments: 


          1)Allow access to sealed records for purposes of data collection  
            or fulfilling data-reporting requirements, but prohibits the  
            release of personal identifying information in meeting these  
            requirements.

          2)Allow a victim or local collection program to continue to  
            enforce restitution obligations and court-ordered fines.

          3)Authorize the Department of Social Services to view sealed  








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            records for purposes of compliance with specified federal  
            regulations.

          4)Double join this bill with AB 666 (Stone) of the current  
            legislative session to avoid chaptering out issues.

          EXISTING LAW:  


          1)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 dependency or  
            delinquency jurisdiction.  This access shall not be deemed an  
            unsealing of the record and shall not require notice to any  
            other entity. 
          2)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.  


          3)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.  










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          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)Allows the probation officer to destroy all records and papers  
            in the proceedings concerning a minor after five years from  
            the date on which the jurisdiction of the juvenile court over  
            the minor is terminated.  


          7)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.  


          8)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  








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            proceeding shall be deemed not to have occurred, and the  
            petitioner may answer accordingly any question relating to  
            their occurrence.


          AS PASSED BY THE ASSEMBLY, this bill:


          1)Authorized the prosecutor and the probation department to  
            access a juvenile's sealed records for the limited purpose of  
            determining whether the minor is ineligible for informal  
            supervision.
          2)Stated that if a new petition has been filed against the minor  
            for a felony offense, the probation department can access the  
            sealed 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 subparagraph 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)Authorized the probation department to access sealed juvenile  
            records for the limited purpose of meeting Federal Title IV-E  
            compliance.


          4)Stated that this access shall not be considered an unsealing  
            of the records.


          FISCAL EFFECT:  Unknown.  This bill has been keyed non-fiscal by  
          the Legislative Counsel. 



          COMMENTS:  According to the author, "In 2014, SB 1038 (Leno)  
          [Chapter 249, Statutes of 2014] regarding juvenile records  
          sealing was signed into law.  The bill provided for the  








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          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.  This inhibits the ability of probation  
          to access their internal records should a minor, who has had  
          their record sealed, come back into the custody of the juvenile  
          court and probation department.



          "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 risk/needs assessments 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 [(Beall), Chapter 559, Statutes of 2010]  
          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 would clarify that in cases where  
          a juvenile record has been sealed pursuant to Welfare and  
          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  








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          IV-E purposes, previous risk/needs assessments, and prior  
          program and service referrals in order to most appropriately  
          develop a case plan to address the treatment needs of the  
          minor."


          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0002045