Juvenile records: inspection: prosecutorial discovery.

(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 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 generally authorizes, when juvenile court records have been sealed pursuant to either of those provisions and upon request of the prosecuting attorney, the records to be accessed, inspected, or utilized by the prosecuting attorney 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. This bill would require the prosecuting attorney requesting access to those sealed records to specify the date by which the records are needed. (2) Existing law, as added by Proposition 21 at the March 7, 2000, statewide primary election, authorizes, if a minor has performed satisfactorily during the period in which deferred entry of judgment was granted, the wardship petition to be dismissed and the arrest upon which the judgment was deferred to be deemed never to have occurred and any records in the possession of the juvenile court to be sealed, except as specified. Proposition 21 allows the Legislature to amend its provisions by the enactment of a statute passed in each house by a 23 vote. 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. This bill would additionally authorize the records sealed pursuant to those provisions to be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case, as described in paragraph (1) .