SHB 1793 -
By Committee on Human Services & Corrections
ADOPTED AS AMENDED 04/08/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that:
(1) One of the goals of the juvenile justice system is to
rehabilitate juvenile offenders and promote their successful
reintegration into society. Without opportunities to reintegrate,
juveniles suffer increased recidivism and decreased economic function.
(2) The unrestricted dissemination of juvenile records can hinder
social reintegration when inaccurate, outdated, or personal information
regarding the juvenile remains in the public realm.
(3) Limiting the number of mechanisms for accessing juvenile
records and the number of places where they may be housed can increase
overall public record accuracy while promoting rehabilitation and
integration.
(4) The public has an interest in accessing information relating to
juvenile records for public safety and research purposes.
(5) The public's legitimate interest in accessing personal
information must be balanced with the rehabilitative goals of the
juvenile justice system. All benefit when former juvenile offenders,
after paying their debt to society, reintegrate and contribute to their
local communities as productive citizens.
(6) It is the intent of the legislature to balance the
rehabilitative and reintegration needs of an effective juvenile justice
system with the public's need to access personal information for public
safety and research purposes.
NEW SECTION. Sec. 2 The administrative office of the courts
shall convene a work group of stakeholders to develop recommendations
that would cost-effectively restrict the public access to juvenile
records where an individual has met the statutory requirements of RCW
13.50.050(12) and without requiring individuals who are the subject of
the records to file a motion to seal in juvenile court. The members of
the work group shall be representatives from the administrative office
of the courts, the judicial information systems data dissemination
committee, the association of clerks, the Washington defender
association, the Washington association of prosecuting attorneys, the
Washington state patrol, and a member of the Washington state bar
association juvenile law section. The work group shall develop
recommendations and report to the appropriate committees of the
legislature by December 1, 2011.
Sec. 3 RCW 13.50.050 and 2010 c 150 s 2 are each amended to read
as follows:
(1) This section governs records relating to the commission of
juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven
juvenile offender shall be open to public inspection, unless sealed
pursuant to subsection (12) of this section.
(3) All records other than the official juvenile court file are
confidential and may be released only as provided in this section, RCW
13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010,
records retained or produced by any juvenile justice or care agency may
be released to other participants in the juvenile justice or care
system only when an investigation or case involving the juvenile in
question is being pursued by the other participant or when that other
participant is assigned the responsibility for supervising the
juvenile.
(5) Except as provided in RCW 4.24.550, information not in an
official juvenile court file concerning a juvenile or a juvenile's
family may be released to the public only when that information could
not reasonably be expected to identify the juvenile or the juvenile's
family.
(6) Notwithstanding any other provision of this chapter, the
release, to the juvenile or his or her attorney, of law enforcement and
prosecuting attorneys' records pertaining to investigation, diversion,
and prosecution of juvenile offenses shall be governed by the rules of
discovery and other rules of law applicable in adult criminal
investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and
prosecuting attorneys may cooperate with schools in releasing
information to a school pertaining to the investigation, diversion, and
prosecution of a juvenile attending the school. Upon the decision to
arrest or the arrest, incident reports may be released unless releasing
the records would jeopardize the investigation or prosecution or
endanger witnesses. If release of incident reports would jeopardize
the investigation or prosecution or endanger witnesses, law enforcement
and prosecuting attorneys may release information to the maximum extent
possible to assist schools in protecting other students, staff, and
school property.
(8) The juvenile court and the prosecutor may set up and maintain
a central recordkeeping system which may receive information on all
alleged juvenile offenders against whom a complaint has been filed
pursuant to RCW 13.40.070 whether or not their cases are currently
pending before the court. The central recordkeeping system may be
computerized. If a complaint has been referred to a diversion unit,
the diversion unit shall promptly report to the juvenile court or the
prosecuting attorney when the juvenile has agreed to diversion. An
offense shall not be reported as criminal history in any central
recordkeeping system without notification by the diversion unit of the
date on which the offender agreed to diversion.
(9) Upon request of the victim of a crime or the victim's immediate
family, the identity of an alleged or proven juvenile offender alleged
or found to have committed a crime against the victim and the identity
of the alleged or proven juvenile offender's parent, guardian, or
custodian and the circumstance of the alleged or proven crime shall be
released to the victim of the crime or the victim's immediate family.
(10) Subject to the rules of discovery applicable in adult criminal
prosecutions, the juvenile offense records of an adult criminal
defendant or witness in an adult criminal proceeding shall be released
upon request to prosecution and defense counsel after a charge has
actually been filed. The juvenile offense records of any adult
convicted of a crime and placed under the supervision of the adult
corrections system shall be released upon request to the adult
corrections system.
(11) In any case in which an information has been filed pursuant to
RCW 13.40.100 or a complaint has been filed with the prosecutor and
referred for diversion pursuant to RCW 13.40.070, the person the
subject of the information or complaint may file a motion with the
court to have the court vacate its order and findings, if any, and,
subject to subsection (23) of this section, order the sealing of the
official juvenile court file, the social file, and records of the court
and of any other agency in the case.
(12)(a) The court shall not grant any motion to seal records for
class A offenses made pursuant to subsection (11) of this section that
is filed on or after July 1, 1997, unless:
(i) Since the last date of release from confinement, including
full-time residential treatment, if any, or entry of disposition, the
person has spent five consecutive years in the community without
committing any offense or crime that subsequently results in an
adjudication or conviction;
(ii) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(iv) The person has not been convicted of a sex offense; and
(v) Full restitution has been paid.
(b) The court shall not grant any motion to seal records for class
B, C, gross misdemeanor and misdemeanor offenses and diversions made
under subsection (11) of this section unless:
(i) Since the date of last release from confinement, including
full-time residential treatment, if any, entry of disposition, or
completion of the diversion agreement, the person has spent two
consecutive years in the community without being convicted of any
offense or crime;
(ii) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(iv) The person has not been convicted of a sex offense; and
(v) Full restitution has been paid.
(13) The person making a motion pursuant to subsection (11) of this
section shall give reasonable notice of the motion to the prosecution
and to any person or agency whose files are sought to be sealed.
(14)(a) If the court grants the motion to seal made pursuant to
subsection (11) of this section, it shall, subject to subsection (23)
of this section, order sealed the official juvenile court file, the
social file, and other records relating to the case as are named in the
order. Thereafter, the proceedings in the case shall be treated as if
they never occurred, and the subject of the records may reply
accordingly to any inquiry about the events, records of which are
sealed. Any agency shall reply to any inquiry concerning confidential
or sealed records that records are confidential, and no information can
be given about the existence or nonexistence of records concerning an
individual.
(b) In the event the subject of the juvenile records receives a
full and unconditional pardon, the proceedings in the matter upon which
the pardon has been granted shall be treated as if they never occurred,
and the subject of the records may reply accordingly to any inquiry
about the events upon which the pardon was received. Any agency shall
reply to any inquiry concerning the records pertaining to the events
for which the subject received a pardon that records are confidential,
and no information can be given about the existence or nonexistence of
records concerning an individual.
(15) Inspection of the files and records included in the order to
seal may thereafter be permitted only by order of the court upon motion
made by the person who is the subject of the information or complaint,
except as otherwise provided in RCW 13.50.010(8) and subsection (23) of
this section.
(16) Any adjudication of a juvenile offense or a crime subsequent
to sealing has the effect of nullifying the sealing order. Any
charging of an adult felony subsequent to the sealing has the effect of
nullifying the sealing order for the purposes of chapter 9.94A RCW.
The administrative office of the courts shall ensure that the superior
court judicial information system provides prosecutors access to
information on the existence of sealed juvenile records.
(17)(a)(i) Subject to subsection (23) of this section, all records
maintained by any court or law enforcement agency, including the
juvenile court, local law enforcement, the Washington state patrol, and
the prosecutor's office, shall be automatically destroyed within ninety
days of becoming eligible for destruction. Juvenile records are
eligible for destruction when:
(A) The person who is the subject of the information or complaint
is at least eighteen years of age;
(B) His or her criminal history consists entirely of one diversion
agreement or counsel and release entered on or after June 12, 2008;
(C) Two years have elapsed since completion of the agreement or
counsel and release;
(D) No proceeding is pending against the person seeking the
conviction of a criminal offense; and
(E) There is no restitution owing in the case.
(ii) No less than quarterly, the administrative office of the
courts shall provide a report to the juvenile courts of those
individuals whose records may be eligible for destruction. The
juvenile court shall verify eligibility and notify the Washington state
patrol and the appropriate local law enforcement agency and
prosecutor's office of the records to be destroyed. The requirement to
destroy records under this subsection is not dependent on a court
hearing or the issuance of a court order to destroy records.
(iii) The state and local governments and their officers and
employees are not liable for civil damages for the failure to destroy
records pursuant to this section, unless such failure pertains to
records relating to a matter for which the subject has received a full
and unconditional pardon.
(b) All records maintained by any court or law enforcement agency,
including the juvenile court, local law enforcement, the Washington
state patrol, and the prosecutor's office, shall be automatically
destroyed when the subject of those records receives a full and
unconditional pardon by the governor.
(c) A person eighteen years of age or older whose criminal history
consists entirely of one diversion agreement or counsel and release
entered prior to June 12, 2008, may request that the court order the
records in his or her case destroyed. The request shall be granted,
subject to subsection (23) of this section, if the court finds that two
years have elapsed since completion of the agreement or counsel and
release.
(((c))) (d) A person twenty-three years of age or older whose
criminal history consists of only referrals for diversion may request
that the court order the records in those cases destroyed. The request
shall be granted, subject to subsection (23) of this section, if the
court finds that all diversion agreements have been successfully
completed and no proceeding is pending against the person seeking the
conviction of a criminal offense.
(18) If the court grants the motion to destroy records made
pursuant to subsection (17)(((b) or)) (c) or (d) of this section, it
shall, subject to subsection (23) of this section, order the official
juvenile court file, the social file, and any other records named in
the order to be destroyed.
(19) The person making the motion pursuant to subsection (17)(((b)
or)) (c) or (d) of this section shall give reasonable notice of the
motion to the prosecuting attorney and to any agency whose records are
sought to be destroyed.
(20) Any juvenile to whom the provisions of this section may apply
shall be given written notice of his or her rights under this section
at the time of his or her disposition hearing or during the diversion
process.
(21) Nothing in this section may be construed to prevent a crime
victim or a member of the victim's family from divulging the identity
of the alleged or proven juvenile offender or his or her family when
necessary in a civil proceeding.
(22) Any juvenile justice or care agency may, subject to the
limitations in subsection (23) of this section and (a) and (b) of this
subsection, develop procedures for the routine destruction of records
relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the
subject of the information or complaint has attained twenty-three years
of age or older or pursuant to subsection (17)(a) of this section.
(b) The court may not routinely destroy the official juvenile court
file or recordings or transcripts of any proceedings.
(23) Except for subsection (17)(b) of this section, no identifying
information held by the Washington state patrol in accordance with
chapter 43.43 RCW is subject to destruction or sealing under this
section. For the purposes of this subsection, identifying information
includes photographs, fingerprints, palmprints, soleprints, toeprints
and any other data that identifies a person by physical
characteristics, name, birthdate or address, but does not include
information regarding criminal activity, arrest, charging, diversion,
conviction or other information about a person's treatment by the
criminal justice system or about the person's behavior.
(24) Information identifying child victims under age eighteen who
are victims of sexual assaults by juvenile offenders is confidential
and not subject to release to the press or public without the
permission of the child victim or the child's legal guardian.
Identifying information includes the child victim's name, addresses,
location, photographs, and in cases in which the child victim is a
relative of the alleged perpetrator, identification of the relationship
between the child and the alleged perpetrator. Information identifying
a child victim of sexual assault may be released to law enforcement,
prosecutors, judges, defense attorneys, or private or governmental
agencies that provide services to the child victim of sexual assault.
NEW SECTION. Sec. 4 RCW 13.50.050 (14)(b) and (17)(b) apply to
all records of a full and unconditional pardon and should be applied
retroactively as well as prospectively."
SHB 1793 -
By Committee on Human Services & Corrections
ADOPTED AS AMENDED 04/08/2011
On page 1, line 1 of the title, after "records;" strike the remainder of the title and insert "amending RCW 13.50.050; and creating new sections."