Juvenile records: sealed records: access.

(1) Existing law generally subjects any 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. 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 a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the 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. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances. This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified. (2) Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified. 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 the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified. This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified. (3) This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 1281 to be operative only if this bill and SB 1281 are enacted and this bill is enacted last.