1999 State of Wyoming 99LSO-0079
HOUSE BILL NO. HB0064
Juvenile delinquency-recordkeeping.
Sponsored by: Representative(s) Nagel, Deegan and Tipton
A BILL
for
1 AN ACT relating to juvenile justice; creating a juvenile
2 justice information system database to be maintained by the
3 Wyoming division of criminal investigation; providing for
4 the collection of information concerning juveniles
5 adjudicated to be delinquent; specifying restrictions on
6 dissemination of information; granting rulemaking authority;
7 conforming related provisions; and providing for an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 7-19-501 through 7-19-506 are created
13 to read:
14
15 ARTICLE 5
16 JUVENILE JUSTICE INFORMATION SYSTEM
17
18 7-19-501. Definitions.
Page 1
1
2 (a) As used in this act:
3
4 (i) "Adjudicated" or "adjudication" means as
5 defined by W.S. 14-6-201(a)(i);
6
7 (ii) "Adult" means an individual who has attained
8 the age of majority;
9
10 (iii) "Delinquent act" means conduct that, if
11 committed by an adult, would constitute a crime under the
12 laws of this state or any political subdivision thereof;
13
14 (iv) "Disposition" means the action ordered by
15 the juvenile court judge under W.S. 14-6-229 upon
16 adjudication of a juvenile for a delinquent act;
17
18 (v) "Division" means the Wyoming division of
19 criminal investigation within the office of the attorney
20 general;
21
22 (vi) "Juvenile" means an individual who is under
23 the age of majority;
24
Page 2
1 (vii) "Qualifying offense" means conduct that, if
2 committed by an adult, would constitute a felony under the
3 laws of this state or under federal law;
4
5 (viii) "This act" means W.S. 7-19-501 through
6 7-19-506.
7
8 7-19-502. Record system created.
9
10 (a) The division shall create and maintain a database
11 for a juvenile justice information system as provided in
12 this act.
13
14 (b) The database shall contain the information
15 required by this act. Access to information in the database
16 shall be limited as provided by W.S. 7-19-504.
17
18 (c) The division shall promulgate reasonable rules and
19 regulations necessary to carry out the provisions of this
20 act.
21
22 7-19-503. Collection of juvenile justice information.
23
24 (a) In any case in which a juvenile is adjudicated to
25 have committed a delinquent act by a juvenile court of this
Page 3
1 state, the division shall, to the extent possible, collect
2 the following information:
3
4 (i) Offender identification information
5 including:
6
7 (A) The juvenile offender's name, including
8 other names by which the juvenile is known, and social
9 security number;
10
11 (B) The juvenile offender's date and place
12 of birth;
13
14 (C) The juvenile offender's physical
15 description, including sex, weight, height, race, ethnicity,
16 eye color, hair color, scars, marks and tattoos;
17
18 (D) The juvenile offender's last known
19 residential address; and
20
21 (E) The juvenile offender's fingerprints.
22
23 (ii) Offense identification information
24 including:
25
Page 4
1 (A) The criminal offense for which the
2 juvenile was adjudicated delinquent;
3
4 (B) Identification of the juvenile court in
5 which the juvenile was adjudicated delinquent; and
6
7 (C) The date and description of the final
8 disposition ordered by the juvenile court.
9
10 (b) The information maintained by the division shall
11 not include predisposition studies and reports, social
12 summaries, medical or psychological reports, educational
13 records or transcripts of dispositional hearings.
14
15 (c) The division may designate codes relating to the
16 information described in subsection (a) of this section.
17
18 7-19-504. Access to and dissemination of information.
19
20 (a) Except as provided by subsection (b) of this
21 section, information contained in the juvenile justice
22 information system is confidential information for the use
23 of the division only and may not be disseminated.
24
Page 5
1 (b) If a juvenile who has a prior delinquency
2 adjudication for having committed any criminal offense is
3 subsequently adjudicated delinquent for committing a
4 qualified offense, the division may disseminate record
5 information relating to that juvenile, provided:
6
7 (i) The juvenile history information shall be
8 accessible only to law enforcement and other authorized
9 parties to the same extent and under the same circumstances
10 as adult criminal history record information is available
11 under W.S. 7-19-106; and
12
13 (ii) Only information relating to the qualified
14 offense shall be released.
15
16 (c) The division shall establish procedures to match
17 delinquency adjudication information to identify repeat
18 offenders whose records are subject to dissemination under
19 this section.
20
21 7-19-505. Inspection; deletion or modification of
22 information.
23
24 (a) An individual has the right to inspect all
25 juvenile justice record information located within this
Page 6
1 state which refers to him. The record subject may apply to
2 the juvenile court for an order to purge, modify or
3 supplement inaccurate or incomplete information.
4 Notification of each deletion, amendment or supplementary
5 notation shall be promptly disseminated to any person or
6 agency which received a copy of the record in question
7 during the previous twelve (12) month period as well as the
8 person whose record has been altered.
9
10 (b) The division may prescribe reasonable hours and
11 places for inspection of juvenile justice record information
12 and may impose additional restrictions, including
13 fingerprinting, reasonably necessary to both assure the
14 records' security and to verify the identities of those who
15 seek to inspect the records.
16
17 (c) When an application for inspection of juvenile
18 justice record information is received by the division, the
19 division shall determine whether a record pertaining to the
20 applicant is maintained. If a record is maintained, the
21 division shall inform the applicant of the existence of the
22 record and inform him of the procedure for examining the
23 record. Upon verification of his identity, the applicant or
24 his authorized representative shall be allowed to examine
25 the record pertaining to him and to receive a true copy.
Page 7
1
2 7-19-506. Expungement of information.
3
4 (a) The division shall expunge all identifying
5 information relating to a record subject:
6
7 (i) Upon receipt of a certified court order
8 requiring expungement; or
9
10 (ii) Upon the record subject attaining the age of
11 majority if the juvenile's records never became subject to
12 dissemination under W.S. 7-19-504.
13
14 Section 2. W.S. 14-6-203(g)(vi), 14-6-229 by creating
15 a new subsection (r), 14-6-239(a)(intro) and (d) and
16 14-6-240(a)(ii), (iii), by creating a new paragraph (iv) and
17 (b) are amended to read:
18
19 14-6-203. Jurisdiction; confidentiality of records.
20
21 (g) Except as provided by subsection (j) of this
22 section, all information, reports or records made, received
23 or kept by any municipal, county or state officer or
24 employee evidencing any legal or administrative process or
25 disposition resulting from a minor's misconduct are
Page 8
1 confidential and subject to the provisions of this act. The
2 existence of the information, reports or records or contents
3 thereof shall not be disclosed by any person unless:
4
5 (vi) The disclosure is authorized by W.S.
6 7-19-504 or14-6-240(g).
7
8 14-6-229. Decree where child adjudged delinquent;
9 dispositions; terms and conditions; legal custody.
10
11 (r) In any proceeding under this act in which a child
12 is adjudicated to be delinquent:
13
14 (i) If the child has not already been
15 fingerprinted in accordance with W.S. 14-6-240(a), the court
16 shall order the child to be fingerprinted by the county
17 sheriff and the fingerprints forwarded to the Wyoming
18 division of criminal investigation;
19
20 (ii) The decree of adjudication entered pursuant
21 to W.S. 14-6-229(a)(iii) shall include the juvenile record
22 information described in W.S. 7-19-503(a)(i)(A) through (D)
23 and (ii); and
24
Page 9
1 (iii) The clerk of the juvenile court shall
2 forward to the Wyoming division of criminal investigation a
3 copy of the decree of adjudication or an abstract containing
4 the information required under paragraph (ii) of this
5 subsection.
6
7 14-6-239. Records and reports confidential;
8 inspection.
9
10 (a) Throughout proceedings pursuant to this act the
11 court shall safeguard the records from disclosure. Upon
12 completion of the proceedings, whether or not there is an
13 adjudication, the court shall order the entire file and
14 record of the proceeding sealed and the court shall not
15 release these records except as provided in W.S.
16 14-6-203(g), 14-6-229(r) or 14-6-240, unless there has been
17 an adjudication of a delinquent act and except to the extent
18 necessary to meet the following inquiries:
19
20 (d) Nothing in subsection (a) of this section shall
21 limit the disclosure of records authorized by W.S. 7-19-504
22 or14-6-240(g).
23
24 14-6-240. Fingerprinting or photographing of child;
25 disclosure of child's records.
Page 10
1
2 (a) No child shall be fingerprinted or photographed by
3 a law enforcement agency or peace officer unless:
4
5 (ii) A petition has been filed in juvenile court
6 alleging the child with having committed a delinquent act
7 which would constitute a felony; or
8
9 (iii) Latent fingerprints are found during the
10 investigation of a criminal offense and a peace officer has
11 probable cause to believe the fingerprints are those of the
12 child;.or
13
14 (iv) The child has been adjudicated to have
15committed a delinquent act.
16
17 (b) Fingerprints and photographs of a child found to
18 have committed a delinquent act which would be a felony if
19 committed by an adult may be retained in a local law
20 enforcement agency file. and in the Wyoming division of
21 criminal investigation files.If the matter does not result
22 in a consent decree or an adjudication that the child was a
23 delinquent for having committed an act constituting a
24 felony, the court shall order all records pertaining to the
25 matter in the files of local law enforcement agencies
Page 11
1 destroyed. Fingerprints of a child adjudicated to have
2 committed a delinquent act shall be retained by the Wyoming
3 division of criminal investigation in accordance with W.S.
4 7-19-501 through 7-19-506.
5
6 Section 2. This act is effective July 1, 1999.
7
8 (END)
Page 12