SB 1161

Bill Subjects

Abstract

(1) Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. 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 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 in accordance with a specified procedure. Existing law also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the person's records, including records of arrest, relating to the person's case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. Existing law prohibits the sealing of records under this provision if, following termination of the juvenile court's jurisdiction, the person has been convicted of a felony or of any misdemeanor involving moral turpitude. This bill would prohibit defense counsel for a minor from being ordered to seal their records pursuant to these provisions. The bill would additionally authorize a person to petition for record sealing under these provisions if their felony or misdemeanor involving moral turpitude has been dismissed, vacated, pardoned, or reduced to misdemeanors that do not involve moral turpitude. (2) Existing law authorizes a probation officer who concludes that a minor is within the jurisdiction of the juvenile court or would come within the jurisdiction of the court if a petition was filed, in lieu of filing a petition to declare a minor a ward of the court or requesting that a petition be filed by the prosecuting attorney to declare a minor a ward of the court, as specified, to refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department. This bill would specify that a minor is eligible for informal probation pursuant to these provisions regardless of whether the minor lives in the county where the offense occurred. (3) Existing law authorizes a person who has been arrested for a misdemeanor while a minor to petition the court for an order sealing the records in the case if the person was released from custody because there are insufficient grounds for making a criminal complaint against the person, proceedings against the person were dismissed, or the person was discharged, without a conviction, or the person was acquitted. Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which a juvenile is referred by the probation department or prosecutor, and requires a public or private agency operating a diversion program to promptly seal the records in its custody after notice from the probation department to seal the records. This bill would additionally authorize a person who has been cited or arrested for a felony while a minor to petition the court for an order sealing records pursuant to these provisions. The bill would require a probation department, the Department of Justice, and the law enforcement agencies to seal the citation, arrest, and other records in their custody relating to a juvenile's arrest and detention if the prosecutor has declined to initiate proceedings within the applicable statute of limitations. By imposing new duties on local probation departments relating to sealing juvenile records, the bill would impose a state-mandated local program. (4) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file. Existing law makes it a misdemeanor to disseminate information obtained pursuant to these provisions, as specified. This bill would specify that limits to the access to juvenile case files under these provisions also apply to matters within the jurisdiction of the juvenile court pursuant to provisions authorizing the juvenile court to adjudge a minor a ward of the court. The bill would additionally authorize an attorney representing a person who is, or was, subject to juvenile proceedings, to inspect a juvenile case file. The bill would modify the definition of juvenile case files to include any writing, as specified, or electronically stored information relating to the minor that is filed in that case or made available to the probation officer. By expanding the scope of crime, this bill would impose a state-mandated local program. (5) Existing law requires a court of criminal jurisdiction to immediately suspend all proceedings against a person whenever it is suggested or appears to the judge that the person charged was, at the date of the offense, alleged to have been committed, under 18 years of age. If the court determines that the person was under 18 years of age, existing law requires the court to certify specified information to the juvenile court of that county and proceedings proceed under the jurisdiction of the juvenile court, as specified. This bill would require, if a person whose case was certified to a juvenile court pursuant to these provisions, and who subsequently has their records sealed in juvenile court, that all records in criminal court related to that juvenile record and certification also be sealed. (6) Existing law authorizes a minor to appeal a judgment in a proceeding under the jurisdiction of the juvenile court by which a minor may be adjudged to be a ward of the court in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment. This bill would specify that the juvenile court may transfer jurisdiction to another county, terminate its jurisdiction, or seal the record or records of the youth under specified provisions while an appeal is pending and that any of the listed actions do not affect the jurisdiction of the juvenile court. The bill would direct which court would have jurisdiction should a matter be remanded by the appellate court following a transfer or termination of jurisdiction by the juvenile court, as specified. (7) Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be a ward or a dependent of the court under certain circumstances, and authorizes the juvenile court to retain jurisdiction over those persons until they attain 21 years of age. Existing law provides that a minor or nonminor who met or would meet the criteria to be within the transition jurisdiction of the juvenile court, but for the fact that the underlying adjudication was vacated because the minor or nonminor was a victim of human trafficking when the crime was committed, is within the court's transition jurisdiction. Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care and to nonminor dependents up to 21 years of age. Existing law defines a nonminor dependent for purposes of AFDC-FC to mean a foster child who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, and who meets other specified criteria. This bill would provide that a minor or nonminor who met or would meet the criteria to be within the transition jurisdiction of the juvenile court, but for the fact that the underlying adjudication was vacated under a specified provision or on appeal is within the court's transition jurisdiction. The bill would require the court to assume transition jurisdiction over the minor or nonminor notwithstanding that vacating of the underlying adjudication pursuant to specified provisions or on appeal. Existing law authorizes a nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, for whom the court has dismissed dependency, delinquency, or transition jurisdiction, to petition the court for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward. This bill would authorize the petition to be brought notwithstanding that the underlying adjudication was dismissed, as specified. The bill would also make technical, nonsubstantive changes to these provisions. By expanding the duties of county child welfare agencies, this bill would impose a state-mandated local program. (8) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (9) This bill would incorporate additional changes to Section 786.5 of the Welfare and Institutions Code proposed by AB 1877 to be operative only if this bill and AB 1877 are enacted and this bill is enacted last.