CSHB 6(JUD): "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors."
00CS FOR HOUSE BILL NO. 6(JUD) 01 "An Act relating to minors and amending laws relating to the disclosure of 02 information relating to certain minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.12.300(c) is amended to read: 05 (c) Except when disclosure of the name of a minor is authorized or 06 required by this chapter, the [THE] name or picture of a minor under the jurisdiction 07 of the court may not be made public in connection with the minor's status as a 08 delinquent unless authorized by order of the court. 09 * Sec. 2. AS 47.12.310(a) is amended to read: 10 (a) Except as specified in AS 47.12.315, 47.12.320, [AS 47.12.320] and (b) - 11 (g) of this section, all information and social records pertaining to a minor who is 12 subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, 13 or municipal agency or employee in the discharge of the agency's or employee's 14 official duty, including driver's license actions under AS 28.15.185, are privileged and
01 may not be disclosed directly or indirectly to anyone without a court order. 02 * Sec. 3. AS 47.12.310(d) is amended to read: 03 (d) Upon request of a victim, the department shall make every reasonable 04 effort to notify the victim as soon as practicable, by telephone or in writing, when a 05 delinquent minor is to be released from placement in a juvenile facility under 06 AS 47.12.120(b)(1). The notice under this subsection must include the expected date 07 of the delinquent minor's release, the geographic area in which the delinquent minor 08 is required to reside, and other pertinent information concerning the delinquent minor's 09 conditions of release that may affect the victim. 10 * Sec. 4. AS 47.12 is amended by adding a new section to read: 11 Sec. 47.12.315. Public disclosure of information in agency records relating 12 to certain minors. (a) Notwithstanding AS 47.12.310, when an agency takes action 13 under AS 47.12.040(a)(1) to adjust a matter, or when under AS 47.12.040(a)(2) the 14 court directs the agency to adjust the matter, the agency shall disclose to the public the 15 name of a minor, the name or names of the parent, parents, or guardian of the minor, 16 the action required by the agency to be taken by the minor under AS 47.12.060 to 17 adjust the matter, and information about the offense exclusive of information that 18 identifies the victim of the offense, if exercise of agency jurisdiction is based on 19 (1) the minor's alleged commission of an offense, and the minor has 20 failed, without good cause, 21 (A) to comply with the terms of a restitution plan or order 22 entered against the minor in a previous criminal sentence, adjudication of 23 delinquency, or informal adjustment following a preliminary inquiry; 24 (B) to engage in a rehabilitation program ordered by a court or 25 required by a facility or juvenile probation officer; or 26 (C) to comply with a court ordered or probation officer required 27 placement plan; or 28 (2) the minor's alleged commission of 29 (A) a crime against a person that is punishable as a felony; 30 (B) a crime in which the minor employed a deadly weapon, as 31 that term is defined in AS 11.81.900(b), in committing the crime;
01 (C) arson under AS 11.46.400 - 11.46.410; 02 (D) burglary under AS 11.46.300 - 11.46.310; 03 (E) distribution of child pornography under AS 11.61.125; 04 (F) promoting prostitution in the first degree under 05 AS 11.66.110; or 06 (G) misconduct involving a controlled substance under 07 AS 11.71 involving the delivery of a controlled substance or the possession of 08 a controlled substance with intent to deliver, other than an offense under 09 AS 11.71.050. 10 (b) The department shall publicly disclose the name of a minor, the name or 11 names of the minor's parent, parents, or guardian, and the alleged offense, and, when 12 available, the outcome of proceedings before the court if, under AS 47.12.040(a)(1)(B) 13 or AS 47.12.040(a)(2), the department files with the court a petition seeking 14 adjudication of the minor as a delinquent based on 15 (1) the minor's alleged commission of an offense, and the minor has 16 failed, without good cause, 17 (A) to comply with the terms of a restitution plan or order 18 entered against the minor in a previous criminal sentence, adjudication of 19 delinquency, or informal adjustment following a preliminary inquiry; 20 (B) to engage in a rehabilitation program ordered by a court or 21 required by a facility or juvenile probation officer; or 22 (C) to comply with a court ordered or probation officer required 23 placement plan; 24 (2) the minor's alleged commission of 25 (A) a crime against a person that is punishable as a felony; 26 (B) a crime in which the minor employed a deadly weapon, as 27 that term is defined in AS 11.81.900(b), in committing the crime; 28 (C) arson under AS 11.46.400 - 11.46.410; 29 (D) burglary under AS 11.46.300 - 11.46.310; 30 (E) distribution of child pornography under AS 11.61.125; 31 (F) promoting prostitution in the first degree under
01 AS 11.66.110; or 02 (G) misconduct involving a controlled substance under 03 AS 11.71 involving the delivery of a controlled substance or the possession of 04 a controlled substance with intent to deliver, other than an offense under 05 AS 11.17.050; or 06 (3) the minor's alleged commission of a felony and the minor was 16 07 years of age or older at the time of commission of the offense when the minor has 08 previously been convicted or adjudicated a delinquent minor based on the minor's 09 commission of an offense that is a felony. 10 (c) If, under AS 47.12.060(a), the agency determines that a matter should be 11 dismissed or if, under AS 47.12.120(c), the court finds that a minor is not delinquent 12 and dismisses the case against the minor, the minor may request the department to 13 disclose information about the matter or the case to the public. If the minor makes a 14 request under this subsection, the department shall disclose to the public information 15 about the disposition of the matter or case under AS 47.12.060(a) or 47.12.120(c), as 16 appropriate, exclusive of information that identifies the victim of the alleged offense. 17 (d) When required by this section to disclose information, 18 (1) the department or other agency may not disclose the name of an 19 out-of-home care provider, as that term is defined in AS 47.14.299, with whom the 20 minor was living at the time the minor was alleged to have committed the offense if 21 the minor had been placed in out-of-home care with that provider on other than a 22 permanent or long-term basis; 23 (2) if the department or other agency maintains the information to be 24 disclosed by electronic means that can be recovered from a computer data base, the 25 department or agency may disclose the information in that medium. 26 (e) The authority to release information under this section is limited to five 27 years from the date the department or other agency is first required or authorized to 28 make the disclosure, but this limitation operates only if the department or other agency 29 determines that the minor 30 (1) has good cause for not complying with restitution payments or has 31 made all restitution payments required of the minor by AS 47.12.060(b) or
01 47.12.120(b)(4); and 02 (2) has not committed any other crime punishable as a felony during 03 the five-year period.