CSSB 270(JUD): "An Act relating to juveniles; relating to the jurisdiction of juvenile courts; and relating to the release of juveniles."
00CS FOR SENATE BILL NO. 270(JUD) 01 "An Act relating to juveniles; relating to the jurisdiction of juvenile courts; and 02 relating to the release of juveniles." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.010(b) is amended to read: 05 (b) When a minor is accused of violating a statute, regulation, or municipal 06 ordinance specified in this subsection, other than a statute the violation of which is 07 a felony, AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules do not apply 08 and the minor accused of the offense shall be charged, prosecuted, and sentenced in 09 the district court in the same manner as an adult. If a minor is charged, prosecuted, 10 and sentenced for an offense under this subsection, the minor's parent, guardian, or 11 legal custodian shall be present at all proceedings. The provisions of this subsection 12 apply when a minor is accused of violating 13 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 14 a municipality;
01 (2) AS 11.76.105, relating to the possession of tobacco by a person 02 under 19 years of age; 03 (3) a fish and game statute or regulation under AS 16; 04 (4) a parks and recreational facilities statute or regulation under 05 AS 41.21; [AND] 06 (5) AS 04.16.050, relating to possession or consumption; and 07 (6) a noncriminal offense under a municipal ordinance for which 08 a conviction cannot result in incarceration or the loss of a valuable license and for 09 which a fine schedule has been established under AS 29.25.070(a). 10 * Sec. 2. AS 47.10.040 is amended to read: 11 Sec. 47.10.040. RELEASE OF MINOR. A minor who is taken into custody 12 may, in the discretion of the court and upon the written promise of the parent, 13 guardian, or custodian to bring the minor before the court at a time specified by the 14 court, be released to the care and custody of the parent, guardian, or custodian if the 15 court finds that the appearance of the minor is reasonably assured and that the 16 minor will not pose a danger to other persons or the community. If the court 17 finds that the release of the minor to a parent, guardian, or custodian will not 18 reasonably assure the appearance of the minor or will pose a danger to other 19 persons or the community, the court may (1) place restrictions on the travel, 20 association, or place of abode of the minor, (2) require the minor to return to 21 detention after daylight hours on designated conditions, (3) require the execution 22 of an appearance bond in a specified amount and the deposit in the registry of the 23 court, in cash or other security, a sum not to exceed 10 percent of the amount of 24 the bond, the deposit to be returned upon the performance of the condition of 25 release, (4) require the execution of a bail bond with sufficient solvent securities 26 or the deposit of cash, (5) impose any other condition considered reasonably 27 necessary to assure the minor's appearance as required and the safety of other 28 persons and the community. If the court determines that the imposition of 29 conditions will not reasonably assure the appearance of the minor or that the 30 minor will continue to pose a danger to other persons or the community, the court 31 shall detain the minor [. THE MINOR, IF NOT RELEASED, SHALL BE
01 DETAINED] as provided by AS 47.10.140. The court may determine whether the 02 father or mother or another person shall have the custody and control of the minor for 03 the duration of the proceedings. If the minor is of sufficient age and intelligence to 04 state desires, the court shall give consideration to the minor's desires. 05 * Sec. 3. AS 47.10.040 is amended by adding a new subsection to read: 06 (b) In determining the conditions under (a) of this section, the court shall take 07 into account the factors identified in AS 12.30.020(c) relating to bail. 08 * Sec. 4. AS 47.10.082 is amended to read: 09 Sec. 47.10.082. BEST INTERESTS OF CHILD AND OTHER 10 CONSIDERATIONS. (a) In making its dispositional order under AS 47.10.080(b) 11 the court shall consider the best interests of the child and the public. The court shall 12 also consider 13 (1) the seriousness of the minor's present offense in relation to 14 other offenses; 15 (2) the prior criminal history of the minor and the minor's likely 16 amenability to treatment; 17 (3) the need to confine the minor to prevent further harm to the 18 public; 19 (4) the circumstances of the offense and the extent to which the 20 offense harmed the victim or endangered the public safety or order; 21 (5) the effect of the disposition to be imposed in deterring the 22 minor or other members of society from future delinquent or criminal conduct; 23 (6) the effect of the disposition to be imposed as a community 24 condemnation of the minor's conduct and as a reaffirmation of societal norms; 25 and 26 (7) the ability of the state to take custody and to care for the child 27 to protect the child's best interests under AS 47.10.010 - 47.10.142. 28 (b) In making its dispositional order under AS 47.10.080(c) the court shall 29 consider the 30 (1) best interests of the child; and 31 (2) [. IN EITHER CASE THE COURT SHALL CONSIDER ALSO
01 THE] ability of the state to take custody and to care for the child to protect the child's 02 best interests under AS 47.10.010 - 47.10.142. 03 * Sec. 5. AS 47.10.140(d) is amended to read: 04 (d) If the court finds that probable cause exists, it shall determine whether the 05 minor should be detained pending the hearing on the petition or released as provided 06 in AS 47.10.040. [IT MAY EITHER ORDER THE MINOR HELD IN DETENTION 07 OR RELEASED TO THE CUSTODY OF A SUITABLE PERSON PENDING THE 08 HEARING ON THE PETITION.] If the court finds no probable cause, it shall order 09 the minor released and close the case.