SD22 - Release of Information on Juvenile Felons

  • Published: 1992
  • Author: Virginia State Crime Commission
  • Enabling Authority: Senate Joint Resolution 212 (Regular Session, 1991)

Executive Summary:
SJR 212 requested an examination of juvenile confidentiality laws to allow law enforcement agencies to release some information from confidential juvenile law enforcement records to the media without judicial approval. Law enforcement agencies have become frustrated by the local media's use of information on juvenile offenders, obtained from the public, when the police department could not officially release such information.

Through the course of the study, it was found that the local relationship among the media, the courts and law enforcement agencies is the determining factor in whether a problem exists concerning access to confidential juvenile information. Discussions with some juvenile court judges revealed the existence of local agreements with the media to attend juvenile court proceedings, on the condition that identifying information about the juvenile subject of the hearing would not be released publicly. However, juvenile public defenders in other locales reported concern over uncontrolled release or release without court permission of confidential juvenile information that caused irreparable damage for the juvenile and his or her family.

A review of Virginia law indicated that, on the narrow question posed in SJR 212, there is sufficient latitude in the present law to allow the release of some law enforcement and court record information to the media as concerns juveniles. Additionally, there does not appear to be a state-wide need at this time to relax juvenile confidentiality laws pertaining to release of information to benefit the media.

However, in "Pandora's box" fashion, this study has opened up questions on a much broader range of juvenile confidentiality issues. Most of the concerns heard by the Commission centered on the need for school officials to know more court and law enforcement information about young offenders who are in the schools. Additionally, school counselors who receive confidential information from students are not sure whether the right of the parents to know about their child is greater than the child's right to confide in a counselor.

Therefore, the recommendations from this study do not suggest changes in the law for the sake of providing more information to the media absent court approval. The major recommendation is further study by the Commission in 1992 of the "need to know" issue and the sharing between certain service agencies of confidential information concerning a juvenile offender.

SJR 212 recommendations:

Recommendation 1: The Virginia Press Association and the Virginia Broadcasters Association should provide information at annual association meetings to promote media understanding of juvenile confidentiality laws.

Recommendation 2: The Virginia Press Association and the Virginia Broadcasters Association should encourage the development of agreements between local media and juvenile court judges concerning media courtroom attendance and publication of identifying information from juvenile court proceedings.

Recommendation 3: Local sheriffs and police chiefs should meet with juvenile court judges within their jurisdictions to develop memoranda of agreement concerning the release of information pertaining to juvenile offenders.

Recommendation 4: The Virginia State Crime Commission, in conjunction with local law enforcement agencies, court service units, juvenile court judges, state and local education agencies and parent associations, should study juvenile confidentiality laws and the sharing of information concerning juvenile offenders among those agencies, and report to the Governor and General Assembly by December, 1992.