BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 504        Hearing Date:    April 21, 2015    
          
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          |Author:    |Lara                                                 |
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          |Version:   |April 6, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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                          Subject:  Court Records:  Sealing



          HISTORY

          Source:   Legal Services for Prisoners with Children; California  
          Public Defenders                                             
          Association

          Prior Legislation:AB 1756 (Skinner) - Held in Senate  
          Appropriations, 2014

          Support:  Ella Baker Center for Human Rights; Californians for  
                    Safety and Justice; Lawyers' Committee for Civil  
                    Rights of the San Francisco Bay Area; Berkeley Youth  
                    Alternatives; A New Way of Life Re-Entry Project;  
                    Community Works' Project WHAT!; National Association  
                    of Social Workers, California Chapter;  Justice Now;  
                    California Attorneys for Criminal Justice; American  
                    Civil Liberties Union of California; American Friends  
                    Service Committee; Asian Americans Advancing Justice;  
                    All of Us or None; At The Crossroads; Drug Policy  
                    Alliance; National Center for Lesbian Rights; Alliance  
                    for Boys and Men of Color; National Center for Youth  
                    Law; California Coalition for Women Prisoners; RYSE  
                    Youth Center; Californians United for a Responsible  
                    Budget; Dignity and Power Now; The W. Haywood Burns  
                    Institute; City of Richmond; National Employment Law  







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                    Project; Courage Campaign

          Opposition:None Known



                                       PURPOSE


          The purpose of this bill is to 1) limit certain cost liabilities  
          related to sealing juvenile records to persons over the age of  
          26, as specified; and 2) provide for the automatic sealing of  
          certain juvenile records, as specified.

          Fees for Petitions to Seal Juvenile Records
           
           Current law provides that a person who was under the age of 18  
          at the time of the 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 records of arrests  
          resulting in the criminal proceeding and records relating to  
          other offenses charged in the accusatory pleading, whether  
          defendant was acquitted or charges were 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).)

          Current law states that a person who petitions for an order  
          sealing a record may be required to reimburse the court for the  
          actual cost of services rendered, whether or not the petition is  
          granted and the records are sealed or expunged, at a rate to be  
          determined by the court, not to exceed $150, and to reimburse  
          the county for the actual cost of services rendered, whether or  
          not the petition is granted and the records are sealed or  
          expunged, at a rate to be determined by the county board of  
          supervisors, not to exceed $150, and to reimburse any city for  
          the actual cost of services rendered, whether or not the  
          petition is granted and the records are sealed or expunged, at a  
          rate to be determined by the city council, not to exceed $150.   
          Ability to make this reimbursement shall be determined by the  
          court and shall not be a prerequisite to a person's eligibility  
          under this section.  The court may order reimbursement in a case  








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          in which the petitioner appears to have the ability to pay,  
          without undue hardship, all or any portion of the cost for  
          services established pursuant to this subdivision.  (Pen. Code,  
          § 1203.45, subd. (g).)

          This bill would limit this payment provision to persons who are  
          26 years of age and older.

          Current law provides that the "father, mother, spouse, or other  
          person liable for the support of a minor person, the person  
          himself or herself if he or she is an adult, or the estates of  
          those persons shall, unless indigent, be liable for the cost to  
          the county and court for any investigation related to the  
          sealing and for the sealing of any juvenile court or arrest  
          records pursuant to Section 781 pertaining to that person.  The  
          liability of those persons and estates shall be a joint and  
          several liability."  (Welf. & Inst. Code, § 903.3(a).)

          This bill would revise this provision to provide instead that a  
          person who is 26 years of age or older  shall, unless indigent,  
          be liable for the cost to the county and court for any  
          investigation related to the sealing and for the sealing of any  
          juvenile court or arrest records pursuant to Section 781  
          pertaining to that person.
           
           Current law provides in the event a petition is filed for an  
          order sealing a record, the father, mother, spouse, or other  
          person liable for the support of a minor, that person if he or  
          she is an adult, or the estate of that person, may be required  
          to reimburse the county and court for the actual cost of  
          services rendered, whether or not the petition is granted and  
          the records are sealed or expunged, at a rate to be determined  
          by the county board of supervisors for the county and by the  
          court for the court, not to exceed $150.  Ability to make this  
          reimbursement shall be determined by the court and shall not be  
          a prerequisite to a person's eligibility under this section. The  
          court may order reimbursement in any case in which the  
          petitioner appears to have the ability to pay, without undue  
          hardship, all or any portion of the cost for services.  (Welf. &  
          Inst. Code, § 903.3, subd. (b).)

          This bill would revise this provision to instead limit it to a  
          person 26 years of age and older.









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          Current law provides that the father, mother, spouse, or other  
          person liable for the support of the minor, the person himself  
          or herself if he or she is an adult, the estate of that person,  
          or the estate of the minor, shall not be liable for the costs  
          described in this section if a petition to declare the minor a  
          dependent child of the court is dismissed at or before the  
          jurisdictional hearing, as specified.  (WIC § 903.3(c).

          This bill would revise this subdivision to apply instead to any  
          "person."

          This bill additionally would technically recast the existing  
          provisions in the bill, as specified.

          Sealing of Juvenile Records
          
          Current law 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.  (Welfare and Institutions Code ("WIC") § 781(a).)   
          Current law provides 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.  (Id.)

          This bill would revise this section to instead require courts to  
          seal certain juvenile records automatically by providing that in  
          "any case in which a petition has been filed with a juvenile  
          court to commence proceedings to adjudge a person a ward of the  
          court, the court shall, at the time  the jurisdiction of the  
          juvenile court has terminated as to the person, order all  
          records, papers, and exhibits in the person's case in the  
          custody of the juvenile court sealed, including the juvenile  
          court record, minute book entries, and entries on dockets, and  
          any other records relating to the case in the custody of the  
          other agencies, entities,  and officials as are named in the  
          order."









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          This bill also would require law enforcement to seal certain  
          juvenile records automatically by requiring that in "any case in  
          which a person is cited to appear before a probation officer or  
          is taken before a probation officer . . . or in any case in  
          which a minor is taken before any officer of a law enforcement  
          agency, and no petition is filed, the probation department or  
          law enforcement agency shall, at the time at which the decision  
          was made to not refer the person to the probation department or  
          to the district attorney's office, seal all records, including  
          records of arrest, relating to the person's case, in the custody  
          of the probation department and law enforcement agency.  Once  
          the records have been sealed, the events shall be deemed never  
          to have occurred, and the person may properly reply accordingly  
          to any inquiry about the events, the records of which are  
          sealed."

          This bill would not change the current sealing limitations  
          applicable to juvenile records concerning serious crimes, as  
          specified, including those established by the passage of  
          Proposition 21 in 2000.

          Current law provides that unless "for good cause the court  
          determines that the juvenile court record shall be retained, the  
          court shall order the destruction of a person's juvenile court  
          records that are sealed pursuant to this section as follows:  
          five years after the record was ordered sealed, if the person  
          who is the subject of the record was alleged or adjudged to be a  
          person described by Section 601; or when the person who is the  
          subject of the record reaches the age of 38 if the person was  
          alleged or adjudged to be a person described by Section 602,  
          except that if the subject of the record was found to be a  
          person described in Section 602 because of the commission of an  
          offense listed in subdivision (b) of Section 707 when he or she  
          was 14 years of age or older, the record shall not be destroyed.  
          Any other agency in possession of sealed records may destroy its  
          records five years after the record was ordered sealed."  (WIC §  
          781(d).)

          This bill would delete this provision.

          Current law provides that 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 . . . (relating  








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          to dependency pursuant to subdivision section 388(e)).  This  
          access shall not be deemed an unsealing of the record and shall  
          not require notice to any other entity."  (WIC § 781(e).)

          This bill would delete this provision, and provide instead that  
          the "person who is the subject of records sealed pursuant to  
          this section may petition the superior court to permit  
          inspection of the records by persons named in the petition, and  
          the superior court may order the inspection of the records."   
          This bill additionally would provide that these records shall  
          not be open to inspection except as specified.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  








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          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

                  Whether a proposal erodes a measure which has  
                 contributed to reducing the prison population;
                  Whether a proposal addresses a major area of public  
                 safety or criminal activity for which there is no other  
                 reasonable, appropriate remedy;
                  Whether a proposal addresses a crime which is directly  
                 dangerous to the physical safety of others for which  
                 there is no other reasonably appropriate sanction; 
                  Whether a proposal corrects a constitutional problem or  
                 legislative drafting error; and
                  Whether a proposal proposes penalties which are  
                 proportionate, and cannot be achieved through any other  
                 reasonably appropriate remedy.



          COMMENTS

          1.Stated Need for This Bill

          The author states in part:

               Since 2007 the Legislature has charged itself with the  
               duty of reducing the evolving and severe overcrowding  
               in California's prisons. As the Legislature continues  
               to make progress on this initiative, SB 504 arrives as  
               an aid in the ongoing charge to reduce prison  
               populations.

               SB 504 endeavors to increase the accessibility of  
               record sealing for adjudicated youth by removing the  
               fee associated with expungement.

               . . . 








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               Under current law, the records-sealing fee serves as  
               an obstacle for a youth's successful reentry.   
               Adjudicated youth who seek to clear their records must  
               pay $150 to petition the court to seal his or her  
               records.  Filing the petition is a risk, because  
               payment does not guarantee expungement, yet many of  
               these youth have minor misdemeanors and will be  
               eligible for expungement. 

               The current law is cost-prohibitive and  
               counterintuitive.  Without sealed records, these youth  
               will have limited opportunities and will likely  
               recidivate.  When employers and landlords conduct  
               background checks on applicants, a juvenile record can  
               be used as a basis for a denial.  Sealing records is  
               the best way to ensure that these youth's past  
               mistakes do not continuously hinder their future  
               opportunities.  As long as the fee remains as an  
               obstacle to these youth's rehabilitation, record  
               sealing is an ineffective tool. 

               . . .   

               This bill also streamlines the sealing process into  
               one court hearing at the time that juvenile court  
               jurisdiction is terminated as opposed to two separate  
               events. This consolidation reduces staff time and  
               workload associated with record sealing applications  
               and the associated processes thus further decreasing  
               costs for the state.

               Ultimately, SB 504 will improve economic outcomes for  
               California's youth by eliminating a fiscal barrier to  
               reentry and reducing the chances of recidivism.  By  
               eliminating the fee for record sealing for youth under  
               twenty-six, SB 504 will also increase young people's  
               ability to positively contribute to our state, which  
               is the ultimate goal of our corrections and  
               rehabilitation system.

          2. Background:  Sealing and Destruction of Juvenile Records 
          
          Minors adjudicated delinquent in juvenile court proceedings may  








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          petition the court to have their records sealed unless they were  
          found to have committed certain serious offenses.  (WIC § 781.)   
          In order to seal a juvenile court record, a petition must be  
          filed by either the person who is the subject of the record or  
          the probation department.  (WIC § 781.)  Juvenile court  
          jurisdiction must have lapsed five years previously or the  
          person must be at least 18 years old.  (WIC § 781 (a).)  The  
          records are not sealed if the person of record has been  
          convicted of a felony or a misdemeanor involving moral  
          turpitude.  (WIC § 781 (a).)  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.

          For minors who are convicted of a misdemeanor in adult court,  
          Penal Code Section 1203.45 authorizes sealing of such records.   
          Sealing of the records may be granted if the person has already  
          received, or is eligible for, post-conviction dismissal of the  
          case under existing expungement statutes.  (Pen. Code, §§ 1203.4  
          and 1203.4a.)  If relief is granted under Penal Code Section  
          1203.45, the records are sealed and the conviction, arrest, or  
          other proceeding is deemed never to have occurred.  With  
          exceptions, to receive relief the minor can have been convicted  
          of only one charge, or count, even in the same case.  (Pen. Code  
          § 1203.45 (d).) Sealing of records, under this provision, is not  
          available to a minor convicted of offenses requiring sex  
          offender registration or of certain Vehicle Code offenses.

          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 other  
          agencies.  (WIC § 826 (b).)  The request shall 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 (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.)

          3.What This Bill Would Do - Sealing Fees and Procedures
          








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          This bill would limit specified existing fees for petitioning  
          the court to file juvenile records to persons 26 years of age or  
          older, as specified.

          In addition, this bill would change the process and scope of  
          sealing juvenile records, generally to provide that specified  
          juvenile records would be sealed automatically at the time the  
          jurisdiction of the juvenile court has terminated as to the  
          person, instead of requiring a petition and a court order to  
          have these files sealed, as specified.  The bill does not change  
          the sealing laws concerning minors adjudicated to have committed  
          a registerable sex offense or a serious or violent crime, as  
          specified.  In addition, the bill does not change when juvenile  
          court records are destroyed.
           

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