txt

HB 380: "An Act transferring to the Department of Corrections custody of the records related to juveniles who are alleged to be delinquent minors."

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                                      
13 minor;                                                                                                                  
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.