SB 51 AM H: "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles."
00SENATE BILL NO. 51 am H 01 "An Act providing for establishment of work camps for juveniles adjudicated 02 delinquent, and extending to all cities and to nonprofit corporations authority to 03 maintain facilities for juveniles." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.10.080(b) is amended to read: 06 (b) If the court finds that the minor is delinquent, it shall 07 (1) order the minor committed to the department for a period of time 08 not to exceed two years or in any event extend past the day the minor becomes 19, 09 except that the department may petition for and the court may grant in a hearing (A) 10 two-year extensions of commitment that do not extend beyond the child's 19th 11 birthday if the extension is in the best interests of the minor and the public; and (B) 12 an additional one-year period of supervision past age 19 if continued supervision is in 13 the best interests of the person and the person consents to it; the department shall place 14 the minor in the juvenile facility that the department considers appropriate and that
01 may include a juvenile correctional school, juvenile work camp, detention home, or 02 detention facility; the minor may be released from placement or detention and placed 03 on probation on order of the court and may also be released by the department, in its 04 discretion, under AS 47.10.200; 05 (2) order the minor placed on probation, to be supervised by the 06 department, and released to the minor's parents, guardian, or a suitable person; if the 07 court orders the minor placed on probation, it may specify the terms and conditions 08 of probation; the probation may be for a period of time, not to exceed two years and 09 in no event extend past the day the minor becomes 19, except that the department may 10 petition for and the court may grant in a hearing 11 (A) two-year extensions of supervision that do not extend 12 beyond the child's 19th birthday if the extension is in the best interests of the 13 minor and the public; and 14 (B) an additional one-year period of supervision past age 19 if 15 the continued supervision is in the best interests of the person and the person 16 consents to it; 17 (3) order the minor committed to the department and placed on 18 probation, to be supervised by the department, and released to the minor's parents, 19 guardian, other suitable person, or suitable nondetention setting such as a family home, 20 group care facility, or child care facility, whichever the department considers 21 appropriate to implement the treatment plan of the predisposition report; if the court 22 orders the minor placed on probation, it may specify the terms and conditions of 23 probation; the department may transfer the minor, in the minor's best interests, from 24 one of the probationary placement settings listed in this paragraph to another, and the 25 minor, the minor's parents or guardian, and the minor's attorney are entitled to 26 reasonable notice of the transfer; the probation may be for a period of time, not to 27 exceed two years and in no event extend past the day the minor becomes 19, except 28 that the department may petition for and the court may grant in a hearing 29 (A) two-year extensions of commitment that do not extend 30 beyond the child's 19th birthday if the extension is in the best interests of the 31 minor and the public; and
01 (B) an additional one-year period of supervision past age 19 if 02 the continued supervision is in the best interests of the person and the person 03 consents to it; 04 (4) order the minor to make suitable restitution in lieu of or in addition 05 to the court's order under (1), (2), or (3) of this subsection; 06 (5) order the minor committed to the department for placement in an 07 adventure based education program established under AS 47.21.020 with conditions 08 the court considers appropriate concerning release upon satisfactory completion of the 09 program or commitment under (1) of this subsection if the program is not satisfactorily 10 completed; or 11 (6) in addition to an order under (1) - (5) of this subsection, if the 12 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 13 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 14 purposes of this paragraph, "community service" includes work 15 (A) on a project identified in AS 33.30.901; or 16 (B) that, on the recommendation of the city council or 17 traditional village council, would benefit persons within the city or village who 18 are elderly or disabled. 19 * Sec. 2. AS 47.10.150 is amended to read: 20 Sec. 47.10.150. GENERAL POWERS OF DEPARTMENT OVER JUVENILE 21 INSTITUTIONS. The department may 22 (1) purchase, lease, or construct buildings or other facilities for the 23 care, detention, rehabilitation, and education of children in need of aid or delinquent 24 minors; 25 (2) adopt plans for construction of juvenile homes, juvenile work 26 camps, juvenile detention facilities, and other juvenile institutions; 27 (3) adopt standards and regulations under this chapter for the design, 28 construction, repair, maintenance, and operation of all juvenile detention homes, work 29 camps, facilities, and institutions; 30 (4) inspect periodically each juvenile detention home, work camp, 31 facility, or other institution to ensure that the standards and regulations adopted are
01 being maintained; 02 (5) reimburse cities maintaining and operating juvenile detention 03 homes, work camps, and facilities; 04 (6) enter into contracts and arrangements with cities and state and 05 federal agencies to carry out the purposes of this chapter; 06 (7) do all acts necessary to carry out the purposes of this chapter; 07 (8) adopt the regulations necessary to carry out this chapter; 08 (9) accept donations, gifts, or bequests of money or other property for 09 use in construction of juvenile homes, work camps, institutions, or detention facilities; 10 (10) operate juvenile homes when municipalities are unable to do so; 11 (11) receive, care for, and place in a juvenile detention home, the 12 minor's own home, a foster home, or a correctional school, work camp, or treatment 13 institution all minors committed to its custody under this chapter. 14 * Sec. 3. AS 47.10.160(a) is amended to read: 15 (a) The department shall 16 (1) accept all minors committed to the custody of the department and 17 all minors who are involved in a written agreement under AS 47.10.230(c), and 18 provide for the welfare, control, care, custody, and placement of these minors in 19 accordance with this chapter; 20 (2) require and collect statistics on juvenile offenses and offenders in 21 the state; 22 (3) conduct studies and prepare findings and recommendations on the 23 need, number, type, construction, maintenance, and operating costs of juvenile homes, 24 work camps, facilities, and the other institutions, and adopt and submit a plan for 25 construction of the homes, work camps, facilities, and institutions when needed, 26 together with a plan for financing the construction programs; 27 (4) examine, where possible, all facilities, institutions, work camps, 28 and places of juvenile detention in the state and inquire into their methods and the 29 management of juveniles in them. 30 * Sec. 4. AS 47.10.170 is amended to read: 31 Sec. 47.10.170. AUTHORITY [POWER OF CITIES] TO MAINTAIN AND
01 OPERATE HOME, WORK CAMP, OR FACILITY. (a) A city [HAVING A 02 POPULATION OF 1700 OR MORE, ACCORDING TO THE LATEST DECENNIAL 03 CENSUS, OR FOUND BY THE DEPARTMENT TO HAVE A PRESENT 04 POPULATION OF 1700 OR MORE] may maintain and operate a juvenile detention 05 [HOME OR] facility, and a city or a nonprofit corporation may maintain and 06 operate a juvenile detention home or a juvenile work camp. 07 (b) The city or nonprofit corporation may receive grants-in-aid from the state 08 for costs of operation of the homes, work camps, or facilities maintained and 09 operated under (a) of this section. 10 * Sec. 5. AS 47.10.180(a) is amended to read: 11 (a) The department shall adopt standards and regulations for the operation of 12 (1) juvenile detention homes and juvenile detention facilities in the 13 state; and 14 (2) juvenile work camps in the state; the regulations adopted under 15 this paragraph must provide a means by which to ensure that a minor who is 16 placed in a work camp 17 (A) is in good physical and mental condition and able to 18 perform the work and engage in the activities that may be required of the 19 minor; 20 (B) does not present a danger to the physical safety of other 21 minors who are placed in the work camp. 22 * Sec. 6. AS 47.10.190 is amended to read: 23 Sec. 47.10.190. CONDITIONS GOVERNING DETENTION. When the court 24 commits a minor to the custody of the department, the department shall arrange to 25 place the juvenile in a detention home, work camp, facility, or another suitable place 26 that the department designates for that purpose. A juvenile detained in a jail or similar 27 institution at the request of the department shall be held in custody in a room or other 28 place apart and separate from adults. 29 * Sec. 7. AS 47.10.990 is amended by adding a new paragraph to read: 30 (10) "juvenile work camp" means a separate residential establishment, 31 exclusively devoted to the detention of minors, in which the minors who are 16 years
01 of age or older and, committed to the custody of the department and placed in the 02 facility may be required to labor on the buildings and grounds or perform any other 03 work or engage in any activities that do not conflict with regulations adopted by the 04 Department of Health and Social Services under this chapter for the care, 05 rehabilitation, education, and discipline of minors in detention.