BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1945|
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                                   THIRD READING 


          Bill No:  AB 1945
          Author:   Mark Stone (D) 
          Amended:  8/19/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/14/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           ASSEMBLY FLOOR:  77-0, 4/28/16 - See last page for vote

           SUBJECT:   Juveniles:  sealing of records


          SOURCE:    California Welfare Directors' Association
                     Commonweal The Juvenile Justice Program
          
          DIGEST:   This bill pertains generally to the sealing of  
          juvenile records, and 1) clarifies that existing sealing laws  
          pertaining to informal supervision or probation apply even if  
          the person with the juvenile records no longer is a minor; 2)  
          allows the county child welfare agency responsible for a minor  
          or nonminor dependent to access these sealed records for the  
          limited purpose of determining an appropriate placement or  
          service that has been ordered by the court, providing that the  
          information contained in the sealed record and accessed by the  
          child welfare worker or agency may be shared with the court but  
          otherwise remain confidential, as specified; 3) explicitly  
          states in statute that a juvenile case file that is covered by  
          or included in record sealing order pursuant to Welfare and  
          Institutions Code Section 781 or 786 may not be inspected except  
          as specified by those sections, as specified; and 4) makes  
          additional conforming cross-references in related sections.









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          Senate Floor Amendments of 8/19/16 delete the bill's provisions  
          authorizing child welfare agencies to share sealed juvenile  
          records with a service or placement provider, as specified, and  
          include technical chaptering provisions.


          ANALYSIS:  


          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.  (Welf. & Inst. Code (WIC), §  
            786, subd. (a).)


          2)Allows a record sealed under this section to be accessed,  
            inspected, or utilized under certain circumstances, as  
            specified.  (WIC § 786(f).)


          3)Limits, generally, the inspection of juvenile case files, as  
            specified.  (WIC § 827.)


          4)Limits, generally, the release of juvenile police records in  
            Los Angeles County, as specified.  (WIC § 827.9.)


          This bill:


          1)Revises the language described above in Existing law 1) to  
            clarify that the application of this section is not limited to  
            when a person is a minor, as specified. 


          2)Provides that a "case file that is covered by or included in  







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            an order of the court sealing a record pursuant to Section 781  
            or 786 may not be inspected except as specified by Section 781  
            or 786."


          3)Adds, with respect to Existing law 4) above, technical  
            cross-references to conform these provisions to other sections  
            pertaining to the sealing of records, as specified.  


          4)Provides that the child welfare agency of a county responsible  
            for the supervision and placement of a minor or nonminor  
            dependent may access a record that has been ordered sealed by  
            the court for the limited purpose of determining an  
            appropriate placement or service that has been ordered for the  
            minor or nonminor dependent by the court. 


          5)Provides that the information contained in the sealed record  
            and accessed by the child welfare worker or agency under 4)  
            above may be shared with the court but shall in all other  
            respects remain confidential and shall not be disseminated to  
            any other person or agency. 


          6)Provides that access to the sealed record under 4) above shall  
            not be construed as a modification of the court's order  
            dismissing the petition and sealing the record in the case. 


          7)Makes an additional conforming cross-reference in WIC Section  
            828, concerning information gathered by a law enforcement  
            agency relating to the taking of a minor into custody, to  
            sealing provisions, as specified. 


          Background


          Juvenile court records generally must be destroyed when the  
          person of record reaches the age of 38 unless good cause is  
          shown for maintaining those records.  (WIC § 826.)  The person  
          of record also may petition to destroy records retained by  
          agencies other than the court.  (WIC § 826, subd. (b).)  The  







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          request must be granted unless good cause is shown for retention  
          of the records.  (WIC § 826.)  When records are destroyed  
          pursuant to the above provision, the proceedings "shall be  
          deemed never to have occurred, and the person may reply  
          accordingly to an inquiry."  (WIC § 826, subd. (a).)  Courts  
          have held that the phrase "never to have occurred" means that  
          the juvenile proceeding is deemed not to have existed.  (Parmett  
          v. Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, at  
          1267.)


          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.  (WIC § 781.)   
          To seal a juvenile court record, either the minor or the  
          probation department must petition the court.  (Ibid.)  Juvenile  
          court jurisdiction must have lapsed five years previously, or  
          the person must be at least 18 years old.  (WIC § 781, subd.  
          (a).)  The records are not sealed if the person of record has  
          been convicted of a felony or a misdemeanor involving moral  
          turpitude.  (Ibid.)  No offenses listed in WIC Section 707,  
          subdivision (b) may be sealed if the juvenile was 14 years or  
          older at the time of the offense.  Additionally, there can be no  
          pending civil litigation involving the incident.


          In 2014, the Legislature enacted a process for automatic  
          juvenile record sealing (i.e. without a petition from the minor)  
          in cases involving satisfactorily-completed informal supervision  
          or probation, except in cases involving serious offenses, namely  
          WIC Section 707, subdivision (b) offenses. (WIC § 786.)  When  
          the record is sealed, the arrest in the case is deemed never to  
          have occurred.  (Ibid.) The court must order all records in its  
          custody pertaining to the petition sealed.  However, the  
          prosecuting attorney and the probation department can access  
          these records after they are sealed for the limited purpose of  
          determining whether the minor is eligible for deferred entry of  
          judgment.  Also, the court may access the sealed file for the  
          limited purpose of verifying the prior jurisdictional status of  
          a ward who is petitioning the court to resume its jurisdiction.   
          (Ibid.)


          Last year there were two follow up measures which permit the  







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          probation department and district attorney to view the sealed  
          records for several other limited purposes, such as to determine  
          whether a minor is ineligible for informal supervision, to  
          comply with the requirements of federal Title IV-E, and for  
          purposes of determining a minor's prior program referrals and  
          risk-needs assessments.  


          Some juvenile record sealing laws generally have been  
          streamlined over the last few years.  This bill refines these  
          revisions further.




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


          SUPPORT:   (Verified8/19/16)


          California Welfare Directors' Association (co-source)
          Commonweal The Juvenile Justice Program (co-source)
          American Civil Liberties Union of California
          California Attorneys for Criminal Justice
          California Youth Empowerment Network
          County Welfare Directors Association
          LJUNA Locals 777 & 792
          Los Angeles County Board of Supervisors
          Urban Counties of California


          OPPOSITION:   (Verified8/19/16)


          Legal Services for Prisoners with Children


          ARGUMENTS IN SUPPORT:     The author states:


            SB 1038 (Leno), passed in 2014, and AB 666 (Stone), passed in  
            2015, both make it easier for juvenile records to be sealed  







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            under WIC Sec. 786.  While juvenile sealing already existed  
            under WIC 781, the process has been costly and previously  
            necessitated an individual to hire a lawyer and then petition  
            for a sealing of his or her juvenile record.  SB 1038 and AB  
            666 provided an alternative and largely "automatic" process,  
            requiring the court to seal records on its own initiative in  
            non-707 offenses and upon satisfactory completion of  
            probation.  The legal effect of sealing and dismissal is that  
            the offense is deemed not to have occurred as such by job and  
            college applicants.


            WIC 786 specifies limited circumstances under which a record  
            that has been ordered sealed may be accessed, inspected or  
            utilized by prosecuting attorneys, probation departments or  
            the courts.  Child welfare agencies are not among those listed  
            entities, and as a result, social workers are unable to review  
            sealed juvenile court records in order to determine  
            appropriate placement and services.


          ARGUMENTS IN OPPOSITION:     Legal Services for Prisoners with  
          Children opposes this bill, stating in part:


            Although the intent of this bill is to help young people,  
            accessing their sealed court records in order to meet that  
            goal is not an appropriate means.  Once a record is sealed it  
            should be treated as such.  Increasing access to these records  
            may increase stigma against the young person as well as not  
            give real information about the situation or actions of the  
            young person. . . . We recommend that employees of child  
            welfare agencies have conversations with the young people they  
            are seeking to serve in order to ascertain what their needs  
            are. 

          ASSEMBLY FLOOR:  77-0, 4/28/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, 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,  







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                                                                    Page  7


            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Patterson, Quirk, Ridley-Thomas, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Daly, Olsen, Rodriguez

          Prepared by:Alison Anderson / PUB. S. / 
          8/22/16 22:59:21


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