00 HOUSE BILL NO. 380
01 "An Act transferring to the Department of Corrections custody of the records
02 related to juveniles who are alleged to be delinquent minors."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. AS 44.28.020 is amended by adding a new subsection to read:
05 (b) The Department of Corrections shall have the custody of and the duty to
06 preserve the records, papers, files, and communications of the Department of Health
07 and Social Services that relate to proceedings under AS 47.10.010 - 47.10.142 for
08 juveniles who, under AS 47.10.010(a)(1), are alleged to be delinquent minors as a
09 result of violating a criminal law of the state or a municipality of the state.
10 * Sec. 2. AS 47.10.093(a) is amended to read:
11 (a) The provisions of this section apply to [EXCEPT AS SPECIFIED IN
12 AS 47.10.092 AND (b) - (f) AND (g) OF THIS SECTION,] all information and social
13 records pertaining to a minor who is subject to this chapter or AS 47.17 prepared by
14 or in the possession of a federal, state, or municipal agency or employee in the
01 discharge of the agency's or employee's official duty:
02 (1) the Department of Health and Social Services shall
03 (A) make records pertaining to a minor on all cases arising
04 under this chapter or AS 47.17 of which it is notified; and
05 (B) have the custody of and the duty to preserve the records
06 pertaining to a minor on all cases arising under AS 47.17 or under this
07 chapter except the records that relate to proceedings under AS 47.10.010 -
08 47.10.142 for a juvenile who, under AS 47.10.010(a)(1), is alleged to be a
09 delinquent minor;
10 (2) the Department of Corrections shall have the custody of and the
11 duty to preserve the records pertaining to proceedings under AS 47.10.010 -
12 47.10.142 for a minor who, under AS 47.10.010(a)(1), is alleged to be a delinquent
14 (3) except as specified in AS 47.10.092 and (b) - (g) of this section,
15 records described in this subsection, including driver's license actions under
16 AS 28.15.185, are privileged and may not be disclosed directly or indirectly to anyone
17 without a court order.
18 * Sec. 3. AS 47.10.093(e) is amended to read:
19 (e) A person may authorize the Department of Corrections [DEPARTMENT]
20 to release information to the military or to a prospective employer about the existence
21 of a delinquency adjudication against that person under AS 47.10.010 - 47.10.142
22 [AS 47.10.010] and the offense on which it was based.
23 * Sec. 4. AS 47.10.265(f) is amended to read:
24 (f) The commissioner of health and social services shall make and the
25 commissioner of corrections shall keep records of all cases referred to a youth court.
26 The records of a youth court proceeding
27 (1) relating to a minor who complies with all requirements ordered by
28 the youth court as a part of sentence imposed on the minor shall be sealed by the
29 commissioner of corrections and may not be used for any purpose; and
30 (2) except as to a record described in (1) of this subsection, shall be
31 afforded at least the same protection and are subject to at least the same procedural
01 safeguards in matters relating to access, use, and security as they would be under
02 AS 47.10.093.