BILL ANALYSIS Ó SB 504 Page 1 Date of Hearing: June 30, 2015 Counsel: Stella Choe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair SB 504 (Lara) - As Amended June 1, 2015 SUMMARY: Provides that only a person 26 years of age or older may be charged a fee for petitioning the court for an order sealing his or her record. Specifically, this bill: 1)Prohibits an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to provisions of law related to sealing of juvenile records. SB 504 Page 2 2)States that outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner's rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record. 3)Recasts provisions within the existing statute into new subdivisions. EXISTING LAW: 1)States that a person who petitions for an order sealing a juvenile misdemeanor 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 any county for the actual cost of services rendered, whether or not the petition is granted, 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, at a rate to be determined by the city council, not to exceed $150. (Pen. Code, § 1203.45, sub. (g).) 2)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 SB 504 Page 3 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). 3)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.) FISCAL EFFECT: Unknown. COMMENTS: 1)Author's Statement: According to the author, "SB 504, The Starting Over Strong Initiative, offers us a chance to improve economic opportunities for youth by removing the juvenile expungement fee. In California, we have youth who have served their time for minor misdemeanors and are now ready to turn their lives around. This bill gives youth an opportunity to SB 504 Page 4 succeed and become responsible, law abiding citizens, which is the ultimate goal of our corrections and rehabilitation system." 2)Background: According to the background materials provided by the author's office, "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. "SB 504 has the potential to create significant economic benefits once record sealing is more accessible to youth. As adjudicated youth are able to expunge their records they also have increased chances of getting employed and securing housing. Employment offers these youth a chance to contribute as taxpaying citizens in the state thus reducing their chances of recidivism and further decreasing the potential costs of incarceration." 3)Sealing and Destruction of Records: 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 SB 504 Page 5 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.) For minors who are convicted of a misdemeanor in adult court, Penal Code Section 1203.45 authorizes sealing of such records. Current statutes provide that a parent, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, is 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. This bill would limit the existing fees for petitioning the court to seal records to persons 26 years of age or older. This bill would also specify that an unfulfilled order of restitution that has been converted to a civil judgment or outstanding restitution fines and court-ordered fees shall not be a bar to sealing a record. 4)Argument in Support: According to Legal Services for Prisoners with Children, the sponsor of this bill, "Juvenile records can create barriers to employment and housing for young people. An unsealed juvenile record can appear on a background checks and lead to an unfairly adverse employment or housing decision. Without stable employment and housing, there is a higher chance that young people will recidivate and SB 504 Page 6 become involved in the adult criminal justice system. "Current law allows counties to charge young people up to $150 for sealing their juvenile record; a prohibitively expensive cost for California's poor youth. An inability to access the juvenile record remedy can result in an inability to access stable employment and housing. "SB 504 makes the record sealing process more affordable for one of our state's most vulnerable populations-its youth. This fee, as currently imposed, does not generate substantial revenue, and, even if it did, we should use this opportunity to invest in and support our youth instead of saddling them with additional financial burden. By eliminating the fee for record sealing for youth under the age of twenty-six, SB 504 will increase public safety and reduce recidivism." 5)Argument in Opposition: According to the California District Attorneys Association, "Of particular concern is the language providing that outstanding restitution shall not be a bar to having a record sealed. Making restitution is a critical aspect of the rehabilitation process, both for offenders and crime victims. Prohibiting the court from considering whether the juvenile offender has satisfied his or her restitution requirements provides a skewed perspective on their rehabilitative efforts, and asks the court to make a record sealing determination with only partial information." 6)Related Legislation: a) AB 666 (Stone) requires records in the custody of law enforcement agencies, the probation department, or any other public agency having records pertaining to the case, to also be sealed, in a case where a court has ordered a juvenile's records to be sealed, as specified. AB 666 is pending hearing by the Senate Committee on Public Safety. b) AB 989 (Cooper) would authorize the district attorney and probation department to access sealed juvenile records SB 504 Page 7 for limited purposes. AB 989 is pending hearing by the Senate Committee on Public Safety. 7)Prior Legislation: a) AB 1756 (Skinner), of the 2013-2014 Legislative Session, would have provided that only a person 26 years of age or older may be charged a fee for petitioning the court for an order sealing his or her record. AB 1756 was held in the Senate Committee on Appropriations' Suspense File. b) SB 1038 (Leno), Chapter 249, Statutes of 2014, provides for the automatic dismissal of juvenile petitions and sealing of records when a juvenile offender successfully completes probation. c) AB 1006 (Yamada), Chapter 269, Statute of 2013, requires, on and after January 1, 2015, courts and probation departments, to ensure information regarding the potential sealing of juvenile court records is provided to minors in juvenile proceedings, as specified. REGISTERED SUPPORT / OPPOSITION: Support Legal Services for Prisoners with Children (Sponsor) East Bay Community Law Center (Co-Sponsor) SB 504 Page 8 Youth Justice Coalition (Co-Sponsor) A New Way of Life Re-Entry Project Alameda County Board of Supervisors All of Us or None of Us Alliance for Boys and Men of Color American Civil Liberties Union of California American Friends Service Committee Asian Americans Advancing Justice - Los Angeles Asian Americans Advancing Justice - Sacramento At the Crossroads Berkeley Youth Alternatives California Coalition of Women Prisoners Californians for Safety and Justice Californians United for a Responsible Budget SB 504 Page 9 Center on Juvenile and Criminal Justice Children's Defense Fund - California City of Richmond City of Union City Coalition for Police Accountability Community Works' Project WHAT! Courage Campaign Dignity & Power Now Drug Policy Alliance Ella Baker Center for Human Rights Fair Chance Project Free Indeed Reentry Project Friends Committee on Legislation of California SB 504 Page 10 Jeff Adachi, San Francisco Public Defender Justice Now Lawyers' Committee for Civil Rights of the San Francisco Bay Area Los Angeles Area Chamber of Commerce Justice Now National Association of Social Workers, California Chapter National Center for Lesbian Rights National Center for Youth Law National Employment Law Project PolicyLink Root & Rebound RYSE Youth Center Starting Over Inc. Urban Peace Movement SB 504 Page 11 Violence Prevention Coalition of Greater Los Angeles W. Hayward Burns Institute Youth Law Center Opposition California District Attorneys Association Analysis Prepared by:Stella Choe / PUB. S. / (916) 319-3744