Sponsor Statement for SCS CSHB 6(FIN) AM S

Disclosure of Information About Criminal Acts by Minors

House Bill 6 will allow the free flow of information about minors who commit repeat or serious offenses. Communities will no longer be precluded from providing the guidance, attention, and assistance troubled youth require.

The release of information by DFYS occurs in two areas of dealing with a minor: 1) when a minor is informally adjusted - i.e. assigned consequences without going to court - and 2) during the formal court adjudication of delinquency. Approximately 75 - 85% of all minors who commit crimes are informally adjusted by DFYS, and approximately 15 - 25% are petitioned to juvenile court.

This legislation provides for the disclosure of specific information to the public about a crime committed by a juvenile. The Department of Health and Social Services, Division of Youth and Family Services, shall release the name of the minor, the minor's parent(s), the action required of the minor, and the nature of the offense exclusive of information about the victim.

In the informal adjustment process, DFYS shall release the name of a minor if the minor's second offense is a serious felony including:

In the informal adjustment process, DFYS may release the name of a minor if:

  1. The minor fails to comply with the agreed restitution, rehabilitation or placement plan.

  2. For those cases where the department finds that the informal adjustment is inappropriate and determines it is necessary to file a petition to bring the minor before juvenile court for formal adjudication, the department releases information about the minor if:

1) The minor fails to comply with the agreed restitution, rehabilitation or placement plan.

2) The minor commits a serious felony including:

  1. a crime against a person

  2. use of a deadly weapon

  3. arson

  4. burglary

  5. distribution of child pornography

  6. promoting prostitution

  7. delivering a controlled substance.

or

3) The minor commits a second felony, and is 16 years of age or older.

Section 1 of the bill provides that the department may make a motion asking that the court proceedings be open to the public, if the minor is accused of one of the above serious offenses that would result in his name being released.

Section 7, page 6 part (c) also provides that the department shall disclose information about a dismissed case against a minor, or the minor was not found delinquent, if the minor requests the information be revealed. At present the department cannot release information about a minor's innocence.

(d)(1) Disclosure of a temporary foster parent's name is precluded.

(2) Provides that the department may use electronic means to provide the disclosure - i.e. via a home page.

(e) Sets a limit of five years for the disclosure by the department, if the minor keeps a clean record. Disclosure occurs only for offenses committed after January 1, 1998.

(f) Allows the department to petition the court to stop disclosure. The court may stop an authorized disclosure if the court finds that it is an isolated incident and the minor does not present further danger to society, or if the victim agrees that disclosure is not desirable.

Sponsor Statement for HB 6 (FIN)

Disclosure of information about criminal acts by minors.

House Bill 6 will allow the free flow of information about minors who commit repeat or serious offenses. Communities will no longer be precluded from providing the guidance, attention, and assistance troubled youth require.

The release of information by DFYS occurs in two areas of dealing with a minor: 1) when a minor is informally adjusted - i.e. assigned consequences without going to court - and 2) during the formal court adjudication of delinquency. Approximately 75 - 85% of all minors who commit crimes are informally adjusted by DFYS, and approximately 15 - 25% are petitioned to juvenile court.

This legislation provides for the disclosure of specific information to the public about a crime committed by a juvenile. The Department of Health and Social Services, Division of Youth and Family Services, shall release the name of the minor, the minor's parent(s), the action required of the minor, and the nature of the offense exclusive of information about the victim.

In the informal adjustment process, DFYS shall release the name of a minor if the minor commits a serious felony including:

In the informal adjustment process, DFYS may release the name of a minor if:

  1. The minor fails to comply with the agreed restitution, rehabilitation or placement plan.
  1. For those cases where the department finds that the informal adjustment is inappropriate and determines it is necessary to file a petition to bring the minor before juvenile court for formal adjudication, the department releases information about the minor if:

1) The minor fails to comply with the agreed restitution, rehabilitation or placement plan.

2) The minor commits a serious felony including:

  1. a crime against a person
  2. use of a deadly weapon
  3. arson
  4. burglary
  5. distribution of child pornography
  6. promoting prostitution
  7. delivering a controlled substance.

or

3) The minor commits a second felony, and is 16 years of age or older.

  1. HB 6 also provides that the department shall disclose information about a dismissed case against a minor, or the minor was not found delinquent, if the minor requests the information be revealed. At present the department cannot release information about a minor's innocence.
  2. (1) Disclosure of a temporary foster parent's name is precluded.

(2) Provides that the department may use electronic means to provide the disclosure - i.e. via a home page.

  1. Sets a limit of five years for the disclosure by the department, if the minor keeps a clean record.

Sponsor Statement for HB 6

Tiered disclosure of information about criminal acts by minors.

A minor's first misdemeanor criminal act remains confidential, subsequent criminal acts, and felony criminal acts are removed from the cover of confidentiality. This legislation will allow the free flow of information about minors who comit repeat or serious offenses. Communities will no longer be precluded from providing the guidance, attention, and assistance troubled youth require.