Смотреть (2015) 666 в Full HD качестве ОНЛАЙН
Existing law subjects a person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified.
Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except as specified.
This bill would provide that these provisions do not apply if the petition was sustained based on the commission of certain offenses committed when the individual was 14 years of age or older. The bill would require records pertaining to those cases in the custody of law enforcement agencies, the probation department, or the Department of Justice to be sealed according to a certain procedure.
The bill would authorize an individual who has a record that is eligible to be sealed to ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice. The bill would make records sealed pursuant to this provision available for access or inspection only under specified circumstances.
The bill would make related changes. The bill would also require the Judicial Council to adopt rules of court, and make available appropriate forms, providing for the standardized implementation of these provisions by the juvenile courts. By imposing new duties on local agencies relating to sealing juvenile records, this bill would impose a state-mandated local program. Existing law provides that records sealed pursuant to this provision are not open to inspection, except as specified.
This bill would additionally make those records open to inspection to comply with data collection or data reporting requirements imposed by other provisions of law and would authorize a court to give a researcher or research organization access to information contained in those records, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 989, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Section 786 of the Welfare and Institutions Code is amended to read: The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice.
The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. 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.
The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. Section 787 is added to the Welfare and Institutions Code, immediately following Section 786, to read: However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the privacy of children who have had their juvenile delinquency court records sealed, it is necessary that related records in the custody of law enforcement agencies, the probation department, the Department of Justice, or any other public agency also be, or be subject to being, sealed.
It shall only become operative if 1 both bills are enacted and become effective on or before January 1, 2016, 2 each bill amends Section 786 of the Welfare and Institutions Code, and 3 this bill is enacted after Assembly Bill 989, in which case Section 1 of this bill shall not become operative. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 commencing with Section 17500 of Division 4 of Title 2 of the Government Code.