JIS Data Dissemination Committee

September 26, 2003

APPROVED MINUTES

JIS DATA DISSEMINATION SUBCOMMITTEE MEETING

Members Present:
Judge Kenneth Grosse, Chair, Division I Court of Appeals
Judge Glenna Hall, King County Superior Court
Judge James Heller, Pierce County District Court
Judge Kip Stilz, Thurston County District Court
Siri Woods, Chelan County Superior Court Clerk
Judge Thomas Wynne, Snohomish County Superior Court

Guests:
Glenn Baldwin, DSHS
Kyle Bollmeier, Court Trax
Caroline Davis, CASA
Don Horowitz, Chair of ATJ-TBOR
Diana Kramer, WNPA
Nick Ledbetter, Court Trax
Barb Miner, King County Superior Court Clerk

AOC Staff:
Brian Backus
John Bell
Kathie Smalley

Judge Grosse opened the meeting and introductions were given.

The minutes were approved from the 5/23/03 meeting.

Policy Decisions on Data Dissemination

1.      DSHS – Glenn Baldwin

Glenn Baldwin represented DSHS, the Division of Alcohol and Substance Abuse (DASA) in DASA’s request to give treatment providers greater access to defendants’ criminal history.  Mr. Baldwin stated that treatment providers need access to criminal history information in order provide a thorough evaluation of a defendant.   

Judge Stilz indicated that greater access by treatment providers to criminal history is supported by the District and Municipal Court Judges Association, but how to give them this access needs to be discussed.  Brian Backus stated that public access to the defendant’s criminal history would solve the problem.  It was questioned how much it would cost to establish a publicly accessible database of defendants’ criminal histories.

There was a concern that allowing public access to criminal histories may also allow access to “confidential name changes” which are prohibited by RCW 4.24.130(5).  Judge Grosse commented that there may have to be a legislative change to this statute.  Judge Grosse further stated that someone’s criminal history should not be concealed because he or she had a confidential name change.

Judge Wynne opined that the requests being made were available in JABS (Judicial Access Browser System).

Glenn Baldwin asked that subcommittee also allow waiver of fees to the treatment providers.

Decision – Judge Stilz will ask the District and Municipal Judge’s Association Board if the DMCJA can send a letter to all limited jurisdiction judges asking them to provide defendants with copies of their criminal history.    The defendant would be ordered by the court to take the criminal history to the treatment provider at the time of the evaluation.

AOC staff will determine the cost involved in developing a public database for defendants’ criminal histories.  AOC will also draft changes to RCW 4.24.130(5), the confidential name change statute, for the subcommittee’s review.

2.      Court Appointed Special Advocate Program (CASA) of King County – Caroline Davis

The court appointed special advocate program (CASA) was funded by the King County Superior Courts until last year.  CASA is presently working as a non-profit.  Caroline Davis is the director.  Ms. Davis indicated that because CASA is no longer a part of the courts, they lost their ability to access important court records, namely criminal history information.  They would also like the court to waive fees.  In addition, AOC has received a request from the Clallam County Clerk for similar access to that county’s CASA program which is part of an executive branch juvenile services department.

Judge Wynne suggested that CASA also be able to use JABS.  This would be less difficult to monitor since only a few CASA employees would be using JABS as oppose to DASA where over 100 private treatment providers would have access. 

Decisions – CASA organizations will be allowed access either to JABS or to JIS-Link level 30 if JABS is not feasible.  The AOC will research and determine whether JABS will work.  CASA employees who are allowed access to the court records will sign a confidentiality agreement.  No CASA volunteers would have access.   After the confidentiality agreement is signed and approved by AOC, the designated CASA employees will be allowed to access criminal history information.  CASA programs will not be allowed to access confidential cases in JIS.  Fees are waived.

[Note:  Following the meeting AOC evaluated the use of JABS and found that it is not feasible, because the security is designed to allow access only to judges and court employees.  AOC has made arrangements to implement level 30 for CASA organizations not part of the courts.]

Next Meeting

The next meeting is scheduled for November 26, 2003.