HomeMy WebLinkAboutMINUTES - 03071995 - 1.22 TO: BOARD OF SUPERVISORS.
Contra
5...,L
�! �t
FROM: Phil Batchelor, County Administrator jl Costa
� = - ... County
DATE:
March 1, 1995
SUBJECT: LEGISLATION: SB 213 (Polanco) - PROVIDES THE JUVENILE COURT JUDGE
MORE DISCRETION TO AVOID SEALING A JUVENILE'S RECORDS WHEN THE
JUVENILE BECOMES AN ADULT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of SB 213 by Senator Richard Polanco
which, as introduced, would provide the Juvenile Court Judge with
more discretion to keep open and unsealed the juvenile record of a
minor after the minor becomes an adult under specified
circumstances .
BACKGROUND:
Existing law authorizes the probation officer or law enforcement
agency involved in a juvenile court matter may petition the court
for sealing of the juvenile court records . Existing law authorizes
the court to order the records sealed if the court finds that since
the termination of jurisdiction or of the action, the person has
not been convicted of a felony or a misdemeanor involving moral
turpitude and that rehabilitation has been attained.
SB 213 by Senator Polanco provides, as introduced, that the court
shall not order these records sealed if it finds that it is in the
best interest of the public to retain the records despite a lack of
subsequent convictions . The bill would also prohibit the sealing
of the records in any case in which the person was found by the
juvenile court to have committed one of specified offenses where
the person was 14 years of age or older at the time of commission
of the offense. In addition, the bill provides that no juvenile
court record shall be destroyed if the court did not order the
records sealed pursuant to the provisions of the bill described
above.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S : �--
ACTION OF BOARD ON Ma APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
A-
I HEREBY CERTIFY THAT THIS IS A TRUE
_L—UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
R 7 1995
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY� M" DEPUTY
-2-
Lois Haight, Juvenile Court Judge for Contra Costa County, has
indicated that she agrees with the provisions of SB 213 on the
basis that they will leave more juvenile records open for later
examination where there has been a serious offense and despite the
fact that the individual may not have committed another crime while
a minor. In addition, by providing the court with the ability to
judge that it would be in the public interest to avoid sealing a
juvenile court record, the court would have considerably more
discretion to keep records from being sealed.
In view of the support of Judge Haight for SB 213, it appears
appropriate for the Board of Supervisors to likewise indicate its
support for SB 213 .
cc: County Administrator
Judge Lois Haight
County Clerk-Recorder
County Probation Officer
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack, Kelly & Spahnn
Bank of California Center
770 L Street, Suite 960
Sacramento, CA 95814
A
;SENATE BILI No. n13
Introduced by Senator Polancoa2 �
February 6, 1995
11
I
,
{ An act to amend Sections 781 and 826 of the Welfare and
y
Institutions Code, relating to juveniles. f
LEGISLATIVE COUNSEL'S DIGEST
SB 213, as introduced, Polanco. Juveniles: records.
Existing law authorizes the person involved in a juvenile
coVrt law matter or the probation officer to petition the court
for sealing of the juvenile court records. Existing law
authorizes the court to order the records sealed if the court
finds that since the termination of jurisdiction or of the action,
the person has not been convicted of a felony or a
misdemeanor involving moral turpitude and that
rehabilitation has been attained, except as provided. .
-= This bill would provide that the court shall not order these
records sealed if it finds that it is in the best interest of the
public to retain the records despite a lack of subsequent
convictions. The bill would also prohibit the court from
ordering juvenile court records sealed in any case in which the
person was found by the juvenile court to have committed one
of specified offenses where the person was 14 years of age or
older at the time of commission of,the offense.
Existing law provides for the destruction of juvenile court
records.
This bill would specify that no juvenile court record shall be
destroyed if the court did not 'order the records sealed
pursuant to the provisions of the bill described above.
99
SB 213 - 2 —
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows.
1 SECTION 1. The Legislature finds and declares the
2 following:
3 While there is a compelling public interest in allowing #;
4 a productive young adult to put his or her juvenile record J
5 behind him or.her, there are concurrent needs to have a
6 fully informed public and to ensure accountability for
7 actions. In keeping with these multiple needs, the
8 provisions for sealing and destroying juvenile records
9 should make a distinction between very.young offenders
10who have made understandable mistakes and older
11 juveniles who have committed serious crimes. In
12 addition,judges should be given leeway to determine that
13 a record should not be sealed based on public interest
14 rather than having a process that all but automatically
15 seals records when no crime has been committed for five
16 years.
17 SEC. 2. Section 781 of the Welfare and Institutions
18 Code is amended to read:
19 781. (a) In any case in which a petition has been filed
20 with a juvenile court 'to commence proceedings to
21 adjudge a person a ward of the court, in any case in which
22 a person is cited to appear before a probation officer or
23 is taken before a probation officer pursuant to Section
24 626, or in any case in which a minor is taken before any
25 officer of a law enforcement agency, the person or the
26 county probation officer may, five years or more after the
27 jurisdiction of the juvenile court has terminated as to the
28 person, or, in a case in which no petition is filed, five years
29 or more after the person was cited to appear before a
30 probation officer or was taken before a probation officer
31 pursuant to Section 626 or was taken before any officer of
32 a law enforcement agency, or, in any case, at any time
33 after the person has reached the age of 18 years, petition
34 the court for sealing of the records, including records of
35 arrest, relating to the person's case, in the custody of the
99
- 3 — SB 213
1 juvenile court and probation officer and any other
io. 2 agencies,including law enforcement agencies, and public
3 officials as the petitioner alleges, in his or her petition, to
4 have custody of the records. The court shall notify the
7s: 5 district attorney of the county and the county probation
6 officer, if he or she is not the petitioner, and the district
he 7 attorney or ,probation officer or any of their deputies or
8 any other person having relevant evidence may testify at
ng } x' 9 the hearing on the petition. If, after the hearing, the court
rd 10 finds that since the termination of jurisdiction or action
a 11 pursuant to Section 626, as the case may be, he or she has
.or 12 not been convicted of a felony or of any misdemeanor
he 13 involving moral turpitude and that rehabilitation has
-ds 14 been attained to the satisfaction of the court, it shall order
ars 15 all records, papers, and exhibits in the person's case in the
ter 16 custody of the juvenile court sealed, including the
In 17 juvenile court record,minute book entries, and entries on
iat 18 dockets, and other records relating to the case in the
_st 19 custody of the other agencies and officials as are named
lly 20 in the order. However, if, after the hearing, the court
.ve 21 finds that it is in the best interest of the public to retain
k 22 these records despite a lack of subsequent convictions, it
)ns 23 shall not order the records sealed. In any case in which a
24 ward of the juvenile court is subject to the registration
.ed 25 requirements set forth in Section 290 of the Penal Code,
to y 7, 26 a court, in ordering the sealing of the juvenile records of
ich 27 the person, also shall provide in the order that the person
or j 28 is relieved from the registration requirement and for the
ion j 29 destruction of all registration information in the custody
Lny i 30 of the Department of Justice and other agencies and
:he31 officials. Notwithstanding any other provision of law, the
:he I 32 court shall not order the person's records sealed in any
:he 33 case in which the person has been found by the juvenile
ars 34 court to have committed an offense listed in subdivision
a ` , 35 (b) , paragraph (2) of subdivision (d) , or subdivision (e)
:,er '`' 36 of Section 707 where the person was 14 years of age or
Of 37 older at the time of commission of the offense;however,
me 38 if the person was under the age of 14 years at the time of
ion 39 commission of the offense, the court shall not order the
Of 40 person's records sealed until at least six years have elapsed
the
99
99
SB 213 4 -
1 since commission of the offense listed in subdivision (b) ,
2 paragraph (2) of subdivision (d), or subdivision (e) of
3 Section 707. Once the court has ordered the person's
4 records sealed, the proceedings in the case shall be
5 deemed never to have occurred, and the person may
6 properly reply accordingly to any inquiry about the
7 events, the records of which are ordered sealed. The
8 court shall send a copy of the order to each agency and
9 official named therein, directing the agency to seal its f7
10 records and stating the date thereafter to destroy the
11 sealed records. Each such agency and official shall seal the
12 records in its custody as directed by the order, shall advise
13 the court of its compliance, and thereupon shall seal the
14 copy of the court's order for sealing of records that it, he,
15 , or she received. The person who is the subject of records
16 sealed pursuant to this section may petition the superior
17 court to permit inspection of the records by persons
18 named in the petition, and the superior court may so
19 order. Otherwise, except as provided in subdivision (b) ,
20 the records shall not be open to inspection. 01
21 (b) In any action or proceeding based upon
22 defamation, a court, upon a showing of good cause, may
23 order any records sealed under this section to be opened
24 and admitted into evidence. The records shall be
25 confidential and shall be available for inspection only by
26 the court, jury, parties, counsel for the parties, and any
27 other person who is authorized by the court to inspect
28 them. Upon the judgment in the action or proceeding
29 becoming final, the court shall order the records sealed.
30 (c) (1) Subdivision (a) does not apply to Department
31 of Motor Vehicle records of any convictions for offenses
32 under the, Vehicle Code or any local ordinance relating
33 to the operation, stopping and standing, or parking of a
34 vehicle where the record of any such conviction would be
35 a public record under Section 1808 of the Vehicle Code.
36 However, if a court orders a case record containing any
37 such conviction to be sealed under this section, and if the
38 Department of Motor Vehicles maintains a public record
39 of such a conviction, the court shall notify the
40 Department of Motor Vehicles of the sealing and the
99
- 5 — SB 213
1 department shall advise the court of its receipt of the
of 2 notice.
of law,
any other provision
.is 3 Notwithstanding
be 4 subsequent to the notification, the Department of Motor
ay 5 Vehicles shall allow access to'its record of convictions only
he 6 to the subject of the record and- to insurers which have
he 7 been granted requester code numbers by the
.-id 8 department. Any insurer to which such a record of
its 9 conviction is disclosed,when such a conviction record has
.te 10 otherwise been sealed under this section, shall be given
.ie 11 notice of the sealing when the record is disclosed to the
se 12 insurer. The insurer may use the information contained
ie 13 in the record for purposes of determining eligibility for
14 insurance and insurance rates for the subject of the
ds 15 record, and the -information shall not' be used for any
or 16 other purpose nor shall it be disclosed by an insurer to any
as 17 person or party not having access to the record.
o 18 (2) This subdivision shall not be construed as
s
19 preventing the sealing of any record which is maintained
20 by any agency or party other than the Department of
)n
21 Motor Vehicles.
ly 22 (3) This subdivision shall not be construed as affecting
-d 23 the procedures or authority of the Department of Motor
)e 24 Vehicles for purging department records.
)y 25 (d) Unless for good cause the court determines that
ly 26 the juvenile court record shall be retained, the court shall
2t 27 order the destruction of a person's juvenile court records
Ig 28 that are sealed pursuant to this section as follows: five
1. 29 years after the record was ordered sealed, if the person
it 30 who is the subject of the record was alleged or adjudged
as 31 to be a person described by Section 601; or when the
Ig 32 person who is the subject of the record reaches the age of
a 33 38 if the person was alleged or adjudged to be a person
)e 34 described by Section 602. Any other agency in possession
35 of sealed records may destroy its records five years after
36 the record was ordered sealed.
:e 37 (e) This section shall not permit the sealing of a
.d 38 person's juvenile court records for an offense where the
;e 39 person is convicted of that offense in a, criminal court
ie
39 99
SB 213 — 6 -
1
6 -
1 pursuant to the provisions of Section 707.1. This
2 subdivision is declaratory of existing law.
3 SEC. 3. Section 826 of the Welfare and Institutions
4 Code is amended to read:
5 826. (a) After five years from the date on which the
6 jurisdiction of the juvenile court over a minor is
7 terminated, the probation officer may destroy all records
8 and papers in the proceedings concerning the minor.
9 The juvenile court record, which includes all records
10 and papers, any minute book entries, dockets and
11 judgment dockets, shall be destroyed by order of the
12 court as follows: when the person who is the subject of the
13 record reaches the age of 28 .years, if the person was
14 alleged or adjudged to be a person described by Section
15 300, when the-person who is the subject of the record
16 reaches the age of 21 years, if the person was alleged or
17 adjudged to be a person described by Section 601, or
18 when the person reaches the age of 38 years if the person
19 was alleged or adjudged to be a person described by
20 Section 602, unless for good cause the court determines
21 that the juvenile record shall be retained, or unless the
22 juvenile court record is released to the person who is the
23 subject of the record pursuant to this section. However,
24 a juvenile court record which is not permitted to be
25 sealed pursuant to subdivision (e) of Section 781 shall not
26 be destroyed pursuant to this section.
27 Any person who is the subject of a juvenile court record
28 may by written notice request the juvenile court to
29 release the court record to his or her custody. Wherever
30 possible, the written notice shall include the person's full
� 31 name, the person's date of birth, and the juvenile court
32 case number. Any juvenile court receiving the written
33 notice shall release the court record to the person who is
34 the subject of the record five years after the jurisdiction
35 of the juvenile court over the person has terminated, if
36 the person was alleged or adjudged to be a person
37 described by Section 300, or when the person reaches the
38 age of 21 years, if the person was alleged or adjudged to
39 be a person described by Section 601, unless for good
40 cause the court determines that the record shall be
99
- 7 — SB 213
Chis
; ►, 1 retained. Exhibits shall be destroyed as provided under
.ons 2 Sections 1418, 1418.5, and 1419 of the Penal Code. For the
3 purpose of this section "destroy" means destroy or
the 4 dispose of for the purpose of destruction. The
is 5 proceedings in any case in which the juvenile court
irds 6 record is destroyed or released to the person who is the
7 subject of the record pursuant to this section shall be
irds ,. 8 deemed never to have occurred, and the person may
and9 reply accordingly to any inquiry about the events in the
the 10 case.
the 11 (b) If an individual whose juvenile court record has
vas 12 been destroyed or released . under subdivision (a)
ion 13 discovers that any other agency still retains a record, the
Mrd 14 individual may file a petition with the court requesting
I or 15 that the records be destroyed. The petition will include
or 16 the name of the agency and the type of record to be
Son 17 destroyed. The court shall order that seeh these records
by 18 also be destroyed unless for good cause the court
nes 19 determines to the contrary. The court shall send a copy
the 20 of the order to each agency and each agency shall destroy
the 21 records in its custody as directed by the order, and shall
22 advise the court of its compliance. The court shall then
bee
�e 23 destroy the copy of the petition, the order, and the notice
lot 24 of compliance from each agency. Thereafter, the
25 proceedings in sueh the case shall be deemed never to
Mrd ' 26 have occurred.
to 27 (c) Juvenile court records in juvenile traffic matters,
ver 28 which include all records and papers, any minute book
:ull 29 entries, dockets and judgment dockets, may be destroyed
urt 30 after five years from the date on which the jurisdiction of
:en 31 the juvenile court over a minor is terminated, or when the
is 32 minor reaches the age of 21 years, if the person was
ion 33 alleged or adjudged to be a person described by Section
if t 34 601. Prior to st eh destruction, the original record may be
;on - 35 microfilmed or photocopied. Every such reproduction
:he 36 shall be deemed and considered an original; and a
. to 37 transcript, exemplification, or certified copy of any such
►od 38 reproduction shall be deemed and considered a
be 39 transcript, exemplification or certified copy, as the case
40 may be, of the original.
99
99
Sly 213 — 8 --
1 (d) Notwithstanding subdi visions (a), (b), and (c), no
2 juvenile court record shall be destroyed if, pursuant to
3 Section 781, the court did not order the record sealed
4 because the courtiound thatitisin the bestinterest ofthe
5 public to retain the records, or because the person.had
6 been found by the ju venile court to have committed an
7 offense listed in subdivision (b), paragraph (2) of
8 subdivision (d), or subdivision (e) of Section 707 where
9 the person was 14 years of age or older at the time of
10 commission of the offense.
O
99