SB 5564 is the companion (same as) to HB 1481.
Human Services, Mental Health, and Housing Committee: As amended, SB 5564 removes the good faith effort to pay requirement and instead requires that juvenile offenders pay full restitution or complete approved community service in full before a juvenile record can be sealed. The bill now requires that the juvenile pay the crime victim penalty assessment and limits the imposition of the DNA collection fee such that it is not imposed if the state has previously collected the juvenile offender's DNA as a result of a prior conviction. Additionally, SB 5564 expands access to information on the existence of sealed juvenile records to include law enforcement and requires agreement of the victim to convert restitution to community service and allows the victim to determine the nature of the community service to be completed when it is practicable to do so. The act applies to any juvenile offender cases filed after the effective date of this bill.
Ways and Means Amendment: As amended, SB 5564 makes a technical correction that removes sentences allowing unpaid restitution to be modified in a contested hearing if good cause was shown, including ability to pay. Another technical correction restores provisions regarding payment of full amount of ordered restitution. The victim's penalty assessment statute is revised to require an actual victim to impose penalty on juvenile offenders only when the crime committed has an actual victim. Access to information on sealed juvenile court records is expanded to include criminal justice agencies. County clerks are authorized to interact or correspond with an offender, an offender's parents, and any holders of potential assets or wages of the offender to collect an outstanding LFO after a juvenile court record is sealed. Good faith effort to pay is defined to mean (1) paying the principal amount in full, (2) making at least 80 percent of the value of full monthly payments within the period of disposition or deferred disposition until the time the amount of restitution owed is under review, or 3) good cause is shown why the amount paid is less than 80 percent of the full value of monthly payments. Removes records maintained by the Department of Licensing from the list of records to be sealed when the court enters a written order sealing a juvenile court record.
Senate Floor Amendment: The Senate floor amendment does the following:
- Limits the sealing of juvenile records to cases where the individual has paid the full amount of restitution owing to the individual victim named in the charging document.
- Allows the department of licensing to furnish sealed juvenile records only to the extent necessary to comply with relevant federal law and regulation.
- Makes a technical fix that removes language that refers to allowing a respondent to petition the court for relief from a restitution order.
- Allows a respondent under obligation to pay restitution to petition the court for modification of the restitution order for good cause shown, including inability to pay.
- Removes the requirement that courts consider whether an individual could reasonably acquire the means to pay an insurance provider restitution over a ten-year period when considering modification of restitution owing on a juvenile offense.
Early Learning and Human Services Amendment:
- Modifies the intent section to identify the prospective application of the bill and the intent to focus legal financial obligation payments toward victim restitution.
- Replaces the requirement to pay full restitution to an individual victim named in a charging document with the requirement to pay full restitution owed to an individual victim named in a restitution order, excluding restitution owed to an insurance provider.
- Allows persons and agencies that obtain sealed juvenile records information to communicate about this information with the respondent, but prohibits them from disseminating or releasing the information to any person or agency not specifically granted access to sealed juvenile records.
- Allows respondents to petition the court for modification or relief from legal financial obligations other than restitution, the victim penalty assessment, and the crime laboratory analysis fee and interest accrued on those obligations.
- Requires that the court allow a victim to determine the nature of community restitution ordered in lieu of financial restitution when it is practicable and appropriate to do so.
- Limits imposition of the juvenile victim penalty assessment to most serious offenses and sex offenses. For all other juvenile offenses that have a victim, the court shall order up to 7 hours of community service unless the court finds that this would not be practicable.
- Eliminates the application of the act to juvenile offender cases filed after the act's effective date.