2D SSHB 86: "An Act relating to sanctions for property-related offenses, to remedies for property-related offenses committed by juveniles, and to certain records of those offenses."
002d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86 01 "An Act relating to sanctions for property-related offenses, to remedies for 02 property-related offenses committed by juveniles, and to certain records of those 03 offenses." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.25.120 is amended to read: 06 Sec. 09.25.120. PUBLIC RECORDS; EXCEPTIONS; CERTIFIED COPIES. 07 Every person has a right to inspect a public record in the state, including public 08 records in recorders' offices except (1) records of vital statistics and adoption 09 proceedings that [WHICH] shall be treated in the manner required by AS 18.50; (2) 10 records pertaining to juveniles, unless the record is subject to public inspection 11 under AS 47.10.090(b); (3) medical and related public health records; (4) records 12 required to be kept confidential by a federal law or regulation or by state law; (5) to 13 the extent the records are required to be kept confidential under 20 U.S.C. 1232g and 14 the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal
01 assistance; (6) records or information compiled for law enforcement purposes, but only 02 to the extent that the production of the law enforcement records or information (A) 03 could reasonably be expected to interfere with enforcement proceedings, (B) would 04 deprive a person of a right to a fair trial or an impartial adjudication, (C) could 05 reasonably be expected to constitute an unwarranted invasion of the personal privacy 06 of a suspect, defendant, victim, or witness, (D) could reasonably be expected to 07 disclose the identity of a confidential source, (E) would disclose confidential 08 techniques and procedures for law enforcement investigations or prosecutions, (F) 09 would disclose guidelines for law enforcement investigations or prosecutions if the 10 disclosure could reasonably be expected to risk circumvention of the law, or (G) could 11 reasonably be expected to endanger the life or physical safety of an individual. Every 12 public officer having the custody of records not included in the exceptions shall permit 13 the inspection, and give on demand and on payment of the fees under AS 09.25.110 - 14 09.25.115 a certified copy of the record, and the copy shall in all cases be evidence 15 of the original. Recorders shall permit memoranda, transcripts, and copies of the 16 public records in their offices to be made by photography or otherwise for the purpose 17 of examining titles to real estate described in the public records, making abstracts of 18 title or guaranteeing or insuring the titles of the real estate, or building and maintaining 19 title and abstract plants; and shall furnish proper and reasonable facilities to persons 20 having lawful occasion for access to the public records for those purposes, subject to 21 reasonable rules and regulations, in conformity to the direction of the court, as are 22 necessary for the protection of the records and to prevent interference with the regular 23 discharge of the duties of the recorders and their employees. 24 * Sec. 2. AS 11.46.487 is amended by adding a new subsection to read: 25 (b) An automobile, motorcycle, snow machine, or all-terrain vehicle used by 26 a person in aid of a violation of AS 11.46.480 or 11.46.482 shall be forfeited to the 27 state upon conviction of the offender for the crime. 28 * Sec. 3. AS 12.55.045(e) is amended to read: 29 (e) The [IF A DEFENDANT IS CONVICTED OF CRIMINAL MISCHIEF 30 IN THE THIRD DEGREE IN VIOLATION OF AS 11.46.484(a)(2), AND THE 31 VICTIM OF THE OFFENSE INCURS DAMAGE OR LOSS AS A RESULT OF THE
01 OFFENSE, THE] court shall order a [THE] defendant to pay restitution if 02 (1) the defendant is 03 (A) convicted of criminal mischief in the third degree in 04 violation of AS 11.46.484(a)(2); or 05 (B) under 18 years of age, the conviction is for an offense 06 for which the defendant was prosecuted as an adult, and the conviction 07 was for criminal mischief under AS 11.46.480 - 11.46.486; and 08 (2) the victim of the offense incurs damage or loss as a result of the 09 offense. 10 * Sec. 4. AS 47.10.080(b) is amended to read: 11 (b) If the court finds that the minor is delinquent, it shall 12 (1) order the minor committed to the department for a period of time 13 not to exceed two years or in any event extend past the day the minor becomes 19, 14 except that the department may petition for and the court may grant in a hearing (A) 15 two-year extensions of commitment that do not extend beyond the child's 19th 16 birthday if the extension is in the best interests of the minor and the public; and (B) 17 an additional one-year period of supervision past age 19 if continued supervision is in 18 the best interests of the person and the person consents to it; the department shall place 19 the minor in the juvenile facility that the department considers appropriate and that 20 may include a juvenile correctional school, detention home, or detention facility; the 21 minor may be released from placement or detention and placed on probation on order 22 of the court and may also be released by the department, in its discretion, under 23 AS 47.10.200; 24 (2) order the minor placed on probation, to be supervised by the 25 department, and released to the minor's parents, guardian, or a suitable person; if the 26 court orders the minor placed on probation, it may specify the terms and conditions 27 of probation; the probation may be for a period of time, not to exceed two years and 28 in no event extend past the day the minor becomes 19, except that the department may 29 petition for and the court may grant in a hearing 30 (A) two-year extensions of supervision that do not extend 31 beyond the child's 19th birthday if the extension is in the best interests of the
01 minor and the public; and 02 (B) an additional one-year period of supervision past age 19 if 03 the continued supervision is in the best interests of the person and the person 04 consents to it; 05 (3) order the minor committed to the department and placed on 06 probation, to be supervised by the department, and released to the minor's parents, 07 guardian, other suitable person, or suitable nondetention setting such as a family home, 08 group care facility, or child care facility, whichever the department considers 09 appropriate to implement the treatment plan of the predisposition report; if the court 10 orders the minor placed on probation, it may specify the terms and conditions of 11 probation; the department may transfer the minor, in the minor's best interests, from 12 one of the probationary placement settings listed in this paragraph to another, and the 13 minor, the minor's parents or guardian, and the minor's attorney are entitled to 14 reasonable notice of the transfer; the probation may be for a period of time, not to 15 exceed two years and in no event extend past the day the minor becomes 19, except 16 that the department may petition for and the court may grant in a hearing 17 (A) two-year extensions of commitment that do not extend 18 beyond the child's 19th birthday if the extension is in the best interests of the 19 minor and the public; and 20 (B) an additional one-year period of supervision past age 19 if 21 the continued supervision is in the best interests of the person and the person 22 consents to it; 23 (4) order the minor to make suitable restitution in lieu of or in addition 24 to the court's order under (1), (2), or (3) of this subsection; if the finding of 25 delinquency is based on a violation of AS 11.46.480 - 11.46.486, the court may not 26 refuse to make an order of restitution under this paragraph to the benefit of the 27 owner of the real or personal property; 28 (5) order the minor committed to the department for placement in an 29 adventure based education program established under AS 47.21.020 with conditions 30 the court considers appropriate concerning release upon satisfactory completion of the 31 program or commitment under (1) of this subsection if the program is not satisfactorily
01 completed; or 02 (6) in addition to an order under (1) - (5) of this subsection, if the 03 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 04 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 05 purposes of this paragraph, "community service" includes work 06 (A) on a project identified in AS 33.30.901; or 07 (B) that, on the recommendation of the city council or 08 traditional village council, would benefit persons within the city or village who 09 are elderly or disabled. 10 * Sec. 5. AS 47.10.090(b) is amended to read: 11 (b) The name or picture of a minor under the jurisdiction of the court may not 12 be made public in connection with the minor's status as a delinquent child or a child 13 in need of aid unless authorized by order of the court. However, 14 (1) [, EXCEPT THAT] the name of a minor who is found for the 15 second time to have violated a law, which if committed by an adult would be a felony, 16 shall be made public unless the court, for good cause shown, in certain individual 17 cases, enters an order prohibiting the disclosure; 18 (2) the name and picture of a minor, as to whom either an inquiry 19 and report is submitted under AS 47.10.020(a) or a petition is submitted under 20 AS 47.10.020(b) seeking adjudication of the minor as a delinquent, is a public 21 record, subject to public inspection, if the inquiry and report or the petition is 22 based on a violation of AS 11.46.480 or 11.46.482, and the minor was at least 15 23 years of age at the time of the commission of the violation. 24 * Sec. 6. APPLICABILITY. This Act applies to offenses committed after the effective 25 date of this Act.