This Washington
UW Law Students Push Bill to Protect Juvenile Records
At the behest of a group of University of Washington law students, Rep. Jeannie Darneille (D-27, Tacoma) successfully pushed a bill this session to alter the rules governing the release of juvenile records. On Friday, the house and senate approved a bill—65-31 and 26-20 respectively—that would prohibit consumer reporting agencies from releasing juvenile records to employers, landlords, and other third parties after the person turns 21.
Mike Felton, a UW law student who's part of the law school's Child and Youth Advocacy Clinic (CAYAC), says current law doesn't give youths the opportunity to recover from a mistake in their past. Washington is currently only one of an estimated seven to eight states left in the country that allows such open access to juvenile records, Felton says. Current rules are "a problem for youth that try to get jobs and housing that have records that are out there," Felton says. "They've paid for what they've done," Felton explains, and juvenile offenders shouldn't have these records haunting them as they try to move forward as productive members of society.
After spending the first part of the school year researching the issue, the issue prompted CAYAC to write legislation in late 2010 with the hope of getting a legislator in Olympia to pick it up and run with it. CAYAC has been active in pushing legislation in the past, including other legislation regarding juvenile records and shelter for minors. This year, the group's legislative advocacy wing worked with Darneille and Rep. Ruth Kagi (D-32, Shoreline) on the house side, and Sen. James Hargrove (D-24, Hoquiam) and Sen. Nick Harper (D-38, Everett) on the senate side, to craft another piece of workable legislation. We have a call in to ask why no Republicans took the lead. The vote split largely along party lines with the GOP voting 'No.'
The competing versions of the Darneille bill had some considerable differences. For one, the senate version only included a working group to look at the issue and develop a plan, rather than actually changing the rules. Fortunately for proponents of the legislation, the conference committee report leaned closer to the house side, Felton explains, allowing the dissemination of records until one turns 21. After that, consumer reporting agencies would be bared from releasing the documents or acknowledging their existence. [pullquote]"All we're attempting to do is to really facilitate the purpose of the juvenile justice system, which is rehabilitation."[/pullquote]
Another member of the CAYAC, Ramona Whittington, testified at a hearing on the bill at the senate's human services committee and explained that "all we're attempting to do is to really facilitate the purpose of the juvenile justice system, which is rehabilitation."
Still, the consumer reporting agencies and landlord groups have come out against the legislation on grounds that information is necessary to make decisions on renting and hiring. Julie Johnson, President of the UW Housing Association of Puget Sound, argued at the same hearing that the bill was clamping down on rights to "access to information" provided in the US constitution.
Bryan Mize, head of the Snohomish County Apartment Operators Association, similarly told legislators that passing a bill that "restricts access to the information puts people at risk, in our perspective, because we are responsible for our communities."
Interestingly, the bill wouldn't include a provision to completely "expunge" juvenile records, but would require a working group to develop a cost-effective plan to seal the records without a juvenile having to get a judge to do so, as current law requires. The bill would still allow the release of "de-identified" documents for social science and research purposes.
We have a call in to Governor Christine Gregoire's office concerning her position on the bill.
Mike Felton, a UW law student who's part of the law school's Child and Youth Advocacy Clinic (CAYAC), says current law doesn't give youths the opportunity to recover from a mistake in their past. Washington is currently only one of an estimated seven to eight states left in the country that allows such open access to juvenile records, Felton says. Current rules are "a problem for youth that try to get jobs and housing that have records that are out there," Felton says. "They've paid for what they've done," Felton explains, and juvenile offenders shouldn't have these records haunting them as they try to move forward as productive members of society.
After spending the first part of the school year researching the issue, the issue prompted CAYAC to write legislation in late 2010 with the hope of getting a legislator in Olympia to pick it up and run with it. CAYAC has been active in pushing legislation in the past, including other legislation regarding juvenile records and shelter for minors. This year, the group's legislative advocacy wing worked with Darneille and Rep. Ruth Kagi (D-32, Shoreline) on the house side, and Sen. James Hargrove (D-24, Hoquiam) and Sen. Nick Harper (D-38, Everett) on the senate side, to craft another piece of workable legislation. We have a call in to ask why no Republicans took the lead. The vote split largely along party lines with the GOP voting 'No.'
The competing versions of the Darneille bill had some considerable differences. For one, the senate version only included a working group to look at the issue and develop a plan, rather than actually changing the rules. Fortunately for proponents of the legislation, the conference committee report leaned closer to the house side, Felton explains, allowing the dissemination of records until one turns 21. After that, consumer reporting agencies would be bared from releasing the documents or acknowledging their existence. [pullquote]"All we're attempting to do is to really facilitate the purpose of the juvenile justice system, which is rehabilitation."[/pullquote]
Another member of the CAYAC, Ramona Whittington, testified at a hearing on the bill at the senate's human services committee and explained that "all we're attempting to do is to really facilitate the purpose of the juvenile justice system, which is rehabilitation."
Still, the consumer reporting agencies and landlord groups have come out against the legislation on grounds that information is necessary to make decisions on renting and hiring. Julie Johnson, President of the UW Housing Association of Puget Sound, argued at the same hearing that the bill was clamping down on rights to "access to information" provided in the US constitution.
Bryan Mize, head of the Snohomish County Apartment Operators Association, similarly told legislators that passing a bill that "restricts access to the information puts people at risk, in our perspective, because we are responsible for our communities."
Interestingly, the bill wouldn't include a provision to completely "expunge" juvenile records, but would require a working group to develop a cost-effective plan to seal the records without a juvenile having to get a judge to do so, as current law requires. The bill would still allow the release of "de-identified" documents for social science and research purposes.
We have a call in to Governor Christine Gregoire's office concerning her position on the bill.
