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SCS CSHB 16(JUD) Detail
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SCS CSHB 16(JUD): "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; providing for the dual sentencing of minors who commit certain felony offenses; relating to violations of municipal ordinances by minors and to civil penalties for violation of municipal ordinances by minors; relating to semi-secure residential child care facilities and secure residential psychiatric treatment centers; relating to programs and shelters for runaways; relating to placement of children in need of aid and delinquent minors in secure residential psychiatric treatment centers; amending the Interstate Compact on Juveniles to which the state is a party; allowing use of hearsay evidence at temporary detention hearings in juvenile delinquency proceedings; and amending Rules 3, 10(c), 21, and 27 and repealing Rules 6 and 7, Alaska Delinquency Rules; and providing for an effective date."

00SENATE CS FOR CS FOR HOUSE BILL NO. 16(JUD) 01 "An Act relating to delinquent minors, to the taking of action based on the 02 alleged criminal misconduct of certain minors, to the services to be provided to 03 the victims of criminal misconduct of minors, and to agency records involving 04 minors alleged to be delinquent based on their criminal misconduct; providing for 05 the dual sentencing of minors who commit certain felony offenses; relating to 06 violations of municipal ordinances by minors and to civil penalties for violation 07 of municipal ordinances by minors; relating to semi-secure residential child care 08 facilities and secure residential psychiatric treatment centers; relating to programs 09 and shelters for runaways; relating to placement of children in need of aid and 10 delinquent minors in secure residential psychiatric treatment centers; amending 11 the Interstate Compact on Juveniles to which the state is a party; allowing use 12 of hearsay evidence at temporary detention hearings in juvenile delinquency 13 proceedings; and amending Rules 3, 10(c), 21, and 27 and repealing Rules 6 and 14 7, Alaska Delinquency Rules; and providing for an effective date."

01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 03 (54) AS 29.25.070(e) (notices of certain civil actions). 04 * Sec. 2. AS 29.25.070(b) is amended to read: 05 (b) The municipality or an aggrieved person may institute a civil action against 06 a person , including a minor as provided in AS 29.25.072, who violates an ordinance. 07 In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 08 may be imposed for each violation. An action to enjoin a violation may be brought 09 notwithstanding the availability of any other remedy. On application for injunctive 10 relief and a finding of a violation or a threatened violation, the superior court shall 11 grant the injunction. Each day that a violation of an ordinance continues constitutes 12 a separate violation. 13 * Sec. 3. AS 29.25.070 is amended by adding new subsections to read: 14 (e) The municipality shall provide written notice to the commissioner of health 15 and social services or to the commissioner's designee of the commencement of a civil 16 enforcement action for the violation of an ordinance under (b) of this section against 17 a minor. Unless the commissioner and the municipality have negotiated an agreement 18 making other arrangements for the municipality to provide the notice required by this 19 subsection, the municipality shall provide the notice by mailing a copy of the citation 20 or other document setting out the notice of the commencement of the civil enforcement 21 action. This subsection applies to home rule and general law municipalities. 22 (f) In this section, "minor" means a person under 18 years of age. 23 * Sec. 4. AS 29.25 is amended by adding a new section to read: 24 Sec. 29.25.072. Civil penalties for violation of municipal ordinances by 25 minors. (a) Except as otherwise provided in this section, the enforcement under 26 AS 29.25.070(b) of a civil penalty against a minor for violation of a municipal 27 ordinance shall be heard in the district court in the same manner as for similar 28 allegations brought against an adult, except that the minor's parent, guardian, or legal 29 custodian shall be present at all proceedings unless the court excuses the parent, 30 guardian, or legal custodian from attendance for good cause. 31 (b) If provision is made by ordinance for use of a hearing officer to decide

01 enforcement of a civil penalty under AS 29.25.070(b), allegations against a minor for 02 a civil penalty under a municipal ordinance may be assigned to a hearing officer for 03 the municipality for decision. 04 (c) An action for a civil penalty filed against a minor under this section does 05 not give rise to the right to a trial by jury or to counsel appointed at public expense. 06 * Sec. 5. AS 33.30.901(12) is amended to read: 07 (12) "prisoner" 08 (A) means a person held under authority of state law in official 09 detention as defined in AS 11.81.900(b); 10 (B) includes a minor [JUVENILE] committed to the custody 11 of the commissioner when , 12 (i) under AS 47.12.030, 47.12.065, or 47.12.100, the 13 minor [JUVENILE] has been charged, prosecuted, or convicted as an 14 adult; or 15 (ii) under AS 47.12.160(e), the minor has been 16 ordered transferred to the custody of the commissioner; 17 * Sec. 6. AS 44.23 is amended by adding a new section to read: 18 Sec. 44.23.070. Victim/witness assistance program. If the Department of 19 Law maintains a victim/witness assistance program, subject to sufficient appropriations 20 for the purpose, the services of that program shall be extended to victims of criminal 21 offenses committed by persons under 18 years of age so that victims of these offenses 22 may exercise the rights provided to them by law. 23 * Sec. 7. AS 47.10 is amended by adding a new section to read: 24  Sec. 47.10.087. Placement in secure residential psychiatric treatment 25 centers. (a) The court may authorize the department to place a child who is in the 26 custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure 27 residential psychiatric treatment center if the court finds, based on the testimony of a 28 mental health professional, that 29 (1) the child is gravely disabled or is suffering from mental illness and, 30 as a result, is likely to cause serious harm to the child or to another person; 31 (2) there is no reasonably available, appropriate, and less restrictive

01 alternative for the child's treatment or that less restrictive alternatives have been tried 02 and have failed; and 03 (3) there is reason to believe that the child's mental condition could be 04 improved by the course of treatment or would deteriorate if untreated. 05 (b) A court shall review a placement made under this section at least once 06 every 90 days. The court may authorize the department to continue the placement of 07 the child in a secure residential psychiatric treatment center if the court finds, based 08 on the testimony of a mental health professional, that the conditions or symptoms that 09 resulted in the initial order have not ameliorated to such an extent that the child's 10 needs can be met in a less restrictive setting and that the child's mental condition 11 could be improved by the course of treatment or would deteriorate if untreated. 12 (c) The department shall transfer a child from a secure residential psychiatric 13 treatment center to another appropriate placement if the mental health professional 14 responsible for the child's treatment determines that the child would no longer benefit 15 from the course of treatment or that the child's treatment needs could be met in a less 16 restrictive setting. The department shall notify the child, the child's parents or 17 guardian, and the child's guardian ad litem of a determination and transfer made under 18 this subsection. 19 (d) In this section, "likely to cause serious harm" has the meaning given in 20 AS 47.30.915. 21 * Sec. 8. AS 47.10.300 is amended to read: 22 Sec. 47.10.300. Powers and duties of the department. The department shall 23 (1) review, inspect, and approve or disapprove for licensing proposed 24 or established programs for runaway minors to ensure the health and safety of minors 25 in the program; 26 (2) maintain a register of licensed programs for runaway minors; 27 (3) award nonprofit corporations or municipalities grants for the 28 establishment or operation of licensed programs for runaway minors; 29 (4) [REPEALED 30 (5)] adopt regulations for the administration of AS 47.10.300 - 31 47.10.390, including regulations providing for the coordination of services to be

01 provided by licensed programs for runaway minors and by the department. 02 * Sec. 9. AS 47.10.310(b) is amended to read: 03 (b) The department may license a program for runaway minors under 04 AS 47.10.300 - 47.10.390 only if the program 05 (1) is operated by a corporation [ORGANIZED UNDER AS 10.20] or 06 a municipality; and 07 (2) meets the requirements of (c) of this section. 08 * Sec. 10. AS 47.10.392 is amended to read: 09 Sec. 47.10.392. Certificate required. A private residence may not be held 10 out publicly as a shelter for runaway minors unless the residence 11 (1) is designated a shelter for runaways by a [NONPROFIT] 12 corporation that is licensed to make the designation under AS 47.35.085; and 13 (2) has a valid permit from the department signifying that designation. 14 * Sec. 11. AS 47.10.398(a) is amended to read: 15 (a) A person in a shelter for runaways, or in a home for which an application 16 to be designated a shelter for runaways is being considered by a [NONPROFIT] 17 corporation licensed for that purpose by the department, that is operated in a manner 18 that is consistent with AS 47.10.392 - 47.10.399 and regulations adopted under those 19 sections is not criminally liable under AS 11.51.130(a)(4). 20 * Sec. 12. AS 47.10.398(b) is amended to read: 21 (b) Except as provided in (c) of this section, the provider of a shelter for 22 runaways, or of a home for which an application to be designated a shelter for 23 runaways is being considered by a [NONPROFIT] corporation approved for that 24 purpose by the department, that is operated in a manner that is consistent with 25 AS 47.10.392 - 47.10.399 and regulations adopted under those sections [,] and the 26 members of the provider's household, other than a runaway minor, are not liable for 27 civil damages as a result of an act or omission 28 (1) in admitting or refusing to admit a runaway minor to the shelter or 29 home; or 30 (2) by a runaway minor who is sheltered in the shelter or home. 31 * Sec. 13. AS 47.10.399(2) is amended to read:

01 (2) "shelter for runaways" or "shelter for runaway minors" means a 02 private residence whose legal occupant agrees to shelter, with or without compensation, 03 a runaway minor accepted into the residence by the legal occupant and that 04 (A) is not simultaneously licensed under AS 47.10.310 as a 05 program for runaway minors; 06 (B) has been designated a shelter for runaways by a 07 [NONPROFIT] corporation licensed for that purpose under AS 47.35.085; and 08 (C) has a permit issued by the department under AS 47.35.085. 09 * Sec. 14. AS 47.10.990 is amended by adding new paragraphs to read: 10 (8) "gravely disabled" has the meaning given in AS 47.30.915; 11 (9) "mental health professional" has the meaning given in 12 AS 47.30.915; 13 (10) "mental illness" has the meaning given in AS 47.30.915; 14 (11) "secure residential psychiatric treatment center" has the meaning 15 given in AS 47.35.900. 16 * Sec. 15. AS 47.12.010 is repealed and reenacted to read: 17 Sec. 47.12.010. Goal and purposes of chapter. (a) The goal of this chapter 18 is to promote a balanced juvenile justice system in the state to protect the community, 19 impose accountability for violations of law, and equip juvenile offenders with the skills 20 needed to live responsibly and productively. 21 (b) The purposes of this chapter are to 22 (1) respond to a juvenile offender's needs in a manner that is consistent 23 with 24 (A) prevention of repeated criminal behavior; 25 (B) restoration of the community and victim; 26 (C) protection of the public; and 27 (D) development of the juvenile into a productive citizen; 28 (2) protect citizens from juvenile crime; 29 (3) hold each juvenile offender directly accountable for the offender's 30 conduct; 31 (4) provide swift and consistent consequences for crimes committed by

01 juveniles; 02 (5) make the juvenile justice system more open, accessible, and 03 accountable to the public; 04 (6) require parental or guardian participation in the juvenile justice 05 process; 06 (7) create an expectation that parents will be held responsible for the 07 conduct and needs of their children; 08 (8) ensure that victims, witnesses, parents, guardians, juvenile offenders, 09 and all other interested parties are treated with dignity, respect, courtesy, and 10 sensitivity throughout all legal proceedings; 11 (9) provide due process through which juvenile offenders, victims, 12 parents, and guardians are assured fair legal proceedings during which constitutional 13 and other legal rights are recognized and enforced; 14 (10) divert juveniles from the formal juvenile justice process through 15 early intervention as warranted when consistent with the protection of the public; 16 (11) provide an early, individualized assessment and action plan for 17 each juvenile offender in order to prevent further criminal behavior through the 18 development of appropriate skills in the juvenile offender so that the juvenile is more 19 capable of living productively and responsibly in the community; 20 (12) ensure that victims and witnesses of crimes committed by juveniles 21 are afforded the same rights as victims and witnesses of crimes committed by adults; 22 (13) encourage and provide opportunities for local communities and 23 groups to play an active role in the juvenile justice process in ways that are culturally 24 relevant; and 25 (14) review and evaluate regularly and independently the effectiveness 26 of programs and services under this chapter. 27 * Sec. 16. AS 47.12.030(a) is amended to read: 28 (a) When a minor who was at least 16 years of age at the time of the offense 29 is charged by complaint, information, or indictment with [ARRAIGNED ON A 30 CHARGE FOR] an offense specified in this subsection, this chapter and the Alaska 31 Delinquency Rules do not apply to the offense for which the minor is charged

01 [ARRAIGNED] or to any additional offenses joinable to it under the applicable rules 02 of court governing criminal procedure. The minor shall be charged, held, released on 03 bail, prosecuted, [AND] sentenced , and incarcerated [IN THE SUPERIOR COURT] 04 in the same manner as an adult . If [UNLESS] the minor is convicted of an [SOME] 05 offense other than an offense specified in this subsection, [IN WHICH EVENT] the 06 minor may attempt to prove, by a preponderance of the evidence, that the minor is 07 amenable to treatment under this chapter. If the court finds that the minor is amenable 08 to treatment under this chapter, the minor shall be treated as though the charges had 09 been heard under this chapter, and the court shall order disposition of the charges of 10 which the minor is convicted under AS 47.12.120(b). The provisions of this 11 subsection apply when the minor is charged by complaint, information, or 12 indictment with an offense [ARRAIGNED ON A CHARGE] 13 (1) that is an unclassified felony or a class A felony and the felony is 14 a crime against a person; 15 (2) of arson in the first degree; or 16 (3) that is a class B felony and the felony is a crime against a person 17 in which the minor is alleged to have used a deadly weapon in the commission of the 18 offense and the minor was previously adjudicated as a delinquent or convicted as an 19 adult, in this or another jurisdiction, as a result of an offense that involved use of a 20 deadly weapon in the commission of a crime against a person or an offense in another 21 jurisdiction having elements substantially identical to those of a crime against a person, 22 and the previous offense was punishable as a felony; in this paragraph, "deadly 23 weapon" has the meaning given in AS 11.81.900(b). 24 * Sec. 17. AS 47.12.040(a) is amended to read: 25 (a) Whenever circumstances subject a minor to the jurisdiction of this chapter, 26 the court shall 27 (1) require, in conformance with this section [PROVIDE, UNDER 28 PROCEDURES ADOPTED BY COURT RULE], that, for a minor who is alleged to 29 be a delinquent minor under AS 47.12.020, the department or an entity selected by 30 it [A STATE AGENCY] shall make a preliminary inquiry to determine if any action 31 is appropriate and may take appropriate action to adjust the matter without a court

01 hearing ; the department or an entity selected by it may arrange to interview the 02 minor, the minor's parents or guardian, and any other person having relevant 03 information; at or before the interview, the minor and the minor's parents or 04 guardian, if present, must be advised that any statement may be used against the 05 minor and of the following rights of the minor: to have a parent or guardian 06 present at the interview; to remain silent; to have retained or appointed counsel 07 at all stages of the proceedings, including the initial interview; if a petition is filed, 08 to have an adjudication hearing before a judge or jury with compulsory process 09 to compel the attendance of witnesses; and the opportunity to confront and cross- 10 examine witnesses ; if, under this paragraph, 11 (A) the department or an entity selected by it [STATE 12 AGENCY] makes a preliminary inquiry and takes appropriate action to adjust 13 the matter without a court hearing, the minor may not be detained or taken into 14 custody as a condition of the adjustment and, subject to AS 47.12.060, the 15 matter shall be closed by the department or an entity selected by it 16 [AGENCY] if the minor successfully completes all that is required of the minor 17 by the department or an entity selected by it [AGENCY] in the adjustment; 18 in a municipality or municipalities in which a youth court has been established 19 under AS 47.12.400, adjustment of the matter under this paragraph may include 20 referral to the youth court; 21 (B) the department or an entity selected by it [AGENCY] 22 concludes that the matter may not be adjusted without a court hearing, the 23 department [AGENCY] may file a petition under (2) of this subsection setting 24 out the facts; or 25 (2) appoint a competent person or agency to make a preliminary inquiry 26 and report for the information of the court to determine whether the interests of the 27 public or of the minor require that further action be taken; if, under this paragraph, the 28 court appoints a person or agency to make a preliminary inquiry and to report to it, 29 then upon the receipt of the report, the court may informally adjust the matter without 30 a hearing, or it may authorize the person having knowledge of the facts of the case to 31 file with the court a petition setting out the facts; if the court informally adjusts the

01 matter, the minor may not be detained or taken into the custody of the court as a 02 condition of the adjustment, and the matter shall be closed by the court upon 03 adjustment. 04 * Sec. 18. AS 47.12.060 is amended to read: 05 Sec. 47.12.060. Informal action [BY DEPARTMENT] to adjust matter. 06 (a) The provisions of this section apply to a minor who is alleged to be a delinquent 07 minor under AS 47.12.020 and for whom the department or an entity selected by 08 it [AN AGENCY] has [, UNDER APPLICABLE COURT RULE,] made a preliminary 09 inquiry [BEFORE TAKING APPROPRIATE ACTION] as required [AUTHORIZED] 10 by AS 47.12.040(a)(1) [AS 47.12.040(a)]. Following the preliminary inquiry, 11 (1) [UNLESS] the department or the entity selected by it may 12 dismiss the matter with or without prejudice; or 13 (2) [AGENCY DETERMINES THAT THE MATTER SHOULD BE 14 DISMISSED,] the department or the entity selected by it [AGENCY] may take 15 informal action to adjust the matter. 16 (b) When the department or the entity selected by it [AGENCY] decides to 17 make [THAT] an informal adjustment of a matter under (a)(2) of this section 18 [SHOULD BE MADE], that informal adjustment may not be made without the 19 agreement or consent of the minor and the minor's parents or guardian 20 [GUARDIANS] to the terms and conditions of the adjustment. An informal action to 21 adjust a matter is not successfully completed unless, among other factors that the 22 department or the entity selected by it [AGENCY] considers, as to the victim of the 23 act of the minor that is the basis of the delinquency allegation, the minor pays 24 restitution in the amount set by the department or the entity selected by it 25 [AGENCY] or agrees as a term or condition set by the department or the entity 26 selected by it [AGENCY] to pay the restitution. 27 * Sec. 19. AS 47.12 is amended by adding a new section to read: 28 Sec. 47.12.065. Dual sentencing provisions. (a) The department or the entity 29 selected by it may refer to the appropriate district attorney the circumstances involving 30 a minor who is subject to the provisions of this section because the minor is alleged 31 to have violated a criminal law of the state. The department or the entity selected by

01 it may make the referral if the minor was 16 years of age or older at the time of the 02 offense, and the offense is 03 (1) a felony that is a crime against a person and the minor has 04 previously been adjudicated a delinquent under the laws of this state or substantially 05 similar laws of another jurisdiction for a felony offense that is a crime against a 06 person; or 07 (2) sexual abuse of a minor in the second degree. 08 (b) If a referral is made under (a) of this section, the district attorney may elect 09 to seek imposition of a dual sentence in the case to further the goal and purposes of 10 this chapter as set out in AS 47.12.010. If the district attorney seeks imposition of a 11 dual sentence, the district attorney shall present the case to the grand jury for 12 indictment. If the grand jury returns an indictment, the district attorney shall file with 13 the court under AS 47.12.040(a) a petition seeking the minor's adjudication as a 14 delinquent. 15 (c) If the district attorney decides not to seek imposition of a dual sentence 16 under (b) of this section or if the grand jury does not return an indictment, the case 17 shall proceed under the remaining provisions of this chapter. 18 * Sec. 20. AS 47.12.110(a) is amended to read: 19 (a) The court shall conduct a hearing on the petition. The court shall give 20 notice of the hearing to the department, and the department shall send a representative 21 to the hearing. The representative of the department may also be heard at the hearing. 22 The public shall be excluded from the hearing, but the court, in its discretion, may 23 permit individuals to attend a hearing [,] if their attendance is compatible with the best 24 interests of the minor. Nothing in this section may be applied in such a way as to 25 deny a minor's rights to confront adverse witnesses, to a public trial , and to a trial 26 by jury. 27 * Sec. 21. AS 47.12.110(b) is amended to read: 28 (b) Notwithstanding (a) of this section or an order prohibiting or limiting 29 the public made under (e) of this section , the victim of an offense that a minor is 30 alleged to have committed, or the designee of the victim, has a right to be present at 31 all hearings or proceedings held under this section at which the minor has a right to

01 be present. If the minor is found to have committed the offense, the victim may at the 02 disposition hearing give sworn testimony or make an unsworn oral presentation 03 concerning the offense and its effect on the victim. If there are numerous victims of 04 a minor's offense, the court may limit the number of victims who may give sworn 05 testimony or make an unsworn oral presentation, but the court may not limit the right 06 of a victim to attend a hearing even if the victim is likely to be a witness in a hearing 07 concerning the minor's alleged offense. 08 * Sec. 22. AS 47.12.110 is amended by adding a new subsection to read: 09 (e) Notwithstanding (a) of this section, a court proceeding shall be open to the 10 public, except as prohibited or limited by order of the court, when the district attorney 11 has elected to seek imposition of a dual sentence and a petition has been filed under 12 AS 47.12.065, or when a minor agrees as part of a plea agreement to be subject to 13 dual sentencing. 14 * Sec. 23. AS 47.12.120(b) is amended to read: 15 (b) If the minor is not subject to (j) of this section and the court finds that 16 the minor is delinquent, it shall 17 (1) order the minor committed to the department for a period of time 18 not to exceed two years or in any event extend past the day the minor becomes 19 19 years of age , except that the department may petition for and the court may grant in 20 a hearing (A) two-year extensions of commitment that do not extend beyond the 21 minor's [CHILD'S] 19th birthday if the extension is in the best interests of the minor 22 and the public; and (B) an additional one-year period of supervision past age 19 if 23 continued supervision is in the best interests of the person and the person consents to 24 it; the department shall place the minor in the juvenile facility that the department 25 considers appropriate and that may include a juvenile correctional school, juvenile 26 work camp, treatment facility, detention home, or detention facility; the minor may be 27 released from placement or detention and placed on probation on order of the court 28 and may also be released by the department, in its discretion, under AS 47.12.260; 29 (2) order the minor placed on probation, to be supervised by the 30 department, and released to the minor's parents, guardian, or a suitable person; if the 31 court orders the minor placed on probation, it may specify the terms and conditions

01 of probation; the probation may be for a period of time, not to exceed two years and 02 in no event extend past the day the minor becomes 19 years of age , except that the 03 department may petition for and the court may grant in a hearing 04 (A) two-year extensions of supervision that do not extend 05 beyond the minor's [CHILD'S] 19th birthday if the extension is in the best 06 interests of the minor and the public; and 07 (B) an additional one-year period of supervision past age 19 if 08 the continued supervision is in the best interests of the person and the person 09 consents to it; 10 (3) order the minor committed to the department and placed on 11 probation, to be supervised by the department [,] and released to the minor's parents, 12 guardian, other suitable person, or suitable nondetention setting such as with a relative 13 or in a foster home or residential [A FAMILY HOME, GROUP CARE FACILITY, 14 OR] child care facility, whichever the department considers appropriate to implement 15 the treatment plan of the predisposition report; if the court orders the minor placed on 16 probation, it may specify the terms and conditions of probation; the department may 17 transfer the minor, in the minor's best interests, from one of the probationary 18 placement settings listed in this paragraph to another, and the minor, the minor's 19 parents or guardian, and the minor's attorney are entitled to reasonable notice of the 20 transfer; the probation may be for a period of time [,] not to exceed two years and in 21 no event extend past the day the minor becomes 19 years of age , except that the 22 department may petition for and the court may grant in a hearing 23 (A) two-year extensions of commitment that do not extend 24 beyond the minor's [CHILD'S] 19th birthday if the extension is in the best 25 interests of the minor and the public; and 26 (B) an additional one-year period of supervision past age 19 if 27 the continued supervision is in the best interests of the person and the person 28 consents to it; 29 (4) order the minor and the minor's parent to make suitable restitution 30 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 31 under this paragraph,

01 (A) except as provided in (B) of this paragraph, the court may 02 not refuse to make an order of restitution to benefit the victim of the act of the 03 minor that is the basis of the delinquency adjudication; and 04 (B) the court may not order payment of restitution by the parent 05 of a minor who is a runaway or missing minor for an act of the minor that was 06 committed by the minor after the parent has made a report to a law 07 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 08 away or is missing; for purposes of this subparagraph, "runaway or missing 09 minor" means a minor who a parent reasonably believes is absent from the 10 minor's residence for the purpose of evading the parent or who is otherwise 11 missing from the minor's usual place of abode without the consent of the 12 parent; 13 (5) order the minor committed to the department for placement in an 14 adventure based education program established under AS 47.21.020 with conditions 15 the court considers appropriate concerning release upon satisfactory completion of the 16 program or commitment under (1) of this subsection if the program is not satisfactorily 17 completed; 18 (6) in addition to an order under (1) - (5) of this subsection, [IF THE 19 DELINQUENCY FINDING IS BASED ON THE MINOR'S VIOLATION OF 20 AS 11.71.030(a)(3) OR 11.71.040(a)(4),] order the minor to perform [50 HOURS OF] 21 community service; for purposes of this paragraph, "community service" includes work 22 (A) defined as community service under AS 33.30.901; or 23 (B) that, on the recommendation of the city council or 24 traditional village council, would benefit persons within the city or village who 25 are elderly or disabled; or 26 (7) in addition to an order under (1) - (6) of this subsection, order the 27 minor's parent or guardian to comply with orders made under AS 47.12.155, including 28 participation in treatment under AS 47.12.155(b)(1). 29 * Sec. 24. AS 47.12.120(d) is amended to read: 30 (d) A minor found to be delinquent is a ward of the state while committed to 31 the department or while the department has the power to supervise the minor's actions.

01 The court shall review an order made under (b) of this section annually, and may 02 review the order more frequently to determine if continued placement, probation, or 03 supervision, as it is being provided, is in the best interest of the minor and the public. 04 [IF ANNUAL REVIEW UNDER THIS SUBSECTION WOULD ARISE WITHIN 90 05 DAYS OF THE HEARING REQUIRED UNDER (g) OF THIS SECTION, THE 06 COURT MAY POSTPONE REVIEW UNDER THIS SUBSECTION UNTIL THE 07 TIME SET FOR THE HEARING.] The department, the minor, the minor's parents, 08 guardian, or custodian are entitled, when good cause is shown, to a review on 09 application. If the application is granted, the court shall afford these parties and their 10 counsel reasonable notice in advance of the review and hold a hearing where these 11 parties and their counsel shall be afforded an opportunity to be heard. The minor shall 12 be afforded the opportunity to be present at the review. 13 * Sec. 25. AS 47.12.120 is amended by adding new subsections to read: 14 (i) When, under (a) of this section, the court enters judgment finding that a 15 minor is delinquent, the court may order the minor temporarily detained pending entry 16 of its dispositional order if the court finds that detention is necessary 17 (1) to protect the minor or the community; or 18 (2) to ensure the minor's appearance at a subsequent court hearing. 19 (j) If, in a case in which a district attorney has elected to seek imposition of 20 a dual sentence under AS 47.12.065, the court finds that the minor is delinquent for 21 committing an offense in the circumstances set out in AS 47.12.065, or if the minor 22 agrees as part of a plea agreement to be subject to dual sentencing, the court shall 23 (1) enter one or more orders under (b) of this section; and 24 (2) pronounce a sentence for the offense in accordance with the 25 provisions of AS 12.55; however, the sentence pronounced under this paragraph must 26 include some period of imprisonment that is not suspended by the court. 27 * Sec. 26. AS 47.12.140 is amended to read: 28 Sec. 47.12.140. Court dispositional order. In making its dispositional order 29 under AS 47.12.120(b)(1) - (3) and (5) and (j) , the court shall 30 (1) consider both the best interests of the minor and the interests of the 31 public, and, in doing so, the court shall take into account

01 (A) the seriousness of the minor's delinquent act [,] and the 02 attitude of the minor and the minor's parents toward that act; 03 (B) the minor's culpability as indicated by the circumstances of 04 the particular case; 05 (C) the age of the minor; 06 (D) the minor's prior criminal or juvenile record [,] and the 07 success or failure of any previous orders, dispositions, or placements imposed 08 on the minor; 09 (E) the effect of the dispositional order to be imposed in 10 deterring the minor [CHILD] from committing other delinquent acts; 11 (F) the need to commit the minor to the department's custody 12 or to detain the minor in an institution or other suitable place in order to 13 prevent further harm to the public; 14 (G) the interest of the public in securing the minor's 15 rehabilitation; and 16 (H) the ability of the state to take custody of and to care for the 17 minor; and 18 (2) order the least restrictive alternative disposition for the minor; for 19 purposes of this paragraph, the "least restrictive alternative disposition" means that 20 disposition that is no more restrictive than is, in the judgment of the court, most 21 conducive to the minor's rehabilitation taking into consideration the interests of the 22 public. 23 * Sec. 27. AS 47.12.160 is amended by adding new subsections to read: 24 (d) The department may petition the court for imposition of sentence 25 pronounced under AS 47.12.120(j)(2) if the offender is still subject to the jurisdiction 26 of the court and if the offender, after pronouncement of sentence under 27 AS 47.12.120(j)(2), 28 (1) commits a subsequent felony offense; 29 (2) commits a subsequent offense against a person that is a 30 misdemeanor and involves injury to a person or the use of a deadly weapon; 31 (3) fails to comply with the terms of a restitution order;

01 (4) fails to engage in or satisfactorily complete a rehabilitation program 02 ordered by a court or required by a facility or juvenile probation officer; or 03 (5) escapes from a juvenile correctional facility. 04 (e) If a petition is filed under (d) of this section and if the court finds by a 05 preponderance of the evidence that the minor has committed a subsequent felony 06 offense that is a crime against a person or is the crime of arson, the court shall impose 07 the adult sentence previously pronounced under AS 47.12.120(j) and transfer custody 08 of the minor to the Department of Corrections. If the court finds by a preponderance 09 of the evidence that any of the other circumstances set out in (d)(1) - (5) of this 10 section exist, the court shall impose the adult sentence previously pronounced and 11 transfer custody of the minor to the Department of Corrections unless the minor proves 12 by preponderance of the evidence that mitigating circumstances exist that justify a 13 continuance in the stay of the adult sentence and the minor is amenable to further 14 treatment under this chapter. The court shall make written findings to support its 15 order. 16 * Sec. 28. AS 47.12.180(a) is amended to read: 17 (a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an 18 adjudication under this chapter upon the status of a minor 19 (1) may not operate to impose any of the civil disabilities ordinarily 20 imposed by conviction upon a criminal charge; 21 (2) does not operate to permit a minor afterward to be considered a 22 criminal by the adjudication; and 23 (3) does not operate to permit the adjudication to be afterward 24 considered [DEEMED] a conviction, nor may a minor be charged with or convicted 25 of a crime in a court [,] except as provided in this chapter. 26 * Sec. 29. AS 47.12.210(b) is amended to read: 27 (b) Except as provided by AS 47.12.310(b)(1), fingerprint [FINGERPRINT] 28 records taken under this section are not subject to AS 47.12.310. 29 * Sec. 30. AS 47.12.240(c) is amended to read: 30 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 31 correctional facility

01 (1) if the minor is the subject of a petition filed with the court under 02 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 03 is in official detention pending the filing of that petition; however, detention in a 04 correctional facility under this paragraph may not exceed the lesser of 05 (A) six hours; or 06 (B) the time necessary to arrange the minor's transportation to 07 a juvenile detention home or comparable facility for the detention of minors; 08 (2) if, in response to a petition of delinquency filed under this chapter, 09 the court has entered an order closing the case under AS 47.12.100(a), allowing the 10 minor to be prosecuted as an adult; [OR] 11 (3) if the incarceration constitutes a protective custody detention of the 12 minor that is authorized by AS 47.37.170(b) ; or 13 (4) if the minor is at least 16 years of age and the court has entered 14 an order under AS 47.12.160(e) imposing an adult sentence and transferring 15 custody of the minor to the Department of Corrections . 16 * Sec. 31. AS 47.12 is amended by adding a new section to read: 17 Sec. 47.12.245. Arrest. (a) A peace officer may 18 (1) arrest a minor 19 (A) for the commission of an act that subjects the minor to the 20 provisions of this chapter under the same circumstances and in the same 21 manner as would apply to the arrest of an adult for violation of a criminal law 22 of the state or a municipality of the state; 23 (B) if the peace officer reasonably believes the minor is a 24 fugitive from justice; 25 (C) if the peace officer has probable cause to believe that the 26 minor has violated a condition of the minor's release or probation; or 27 (D) if the peace officer reasonably believes that the minor has 28 been adjudicated a delinquent and has escaped from an institution or absconded 29 from probation, parole, or the jurisdiction of a court; 30 (2) continue the lawful arrest of a minor that is made by a citizen. 31 (b) A probation officer may arrest a minor if the probation officer has probable

01 cause to believe that the minor has violated conditions of the minor's release or 02 probation. 03 * Sec. 32. AS 47.12.250(a) is amended to read: 04 (a) A peace officer or a probation officer who has arrested or a peace 05 officer who has continued the arrest of [MAY ARREST] a minor under 06 AS 47.12.245 [WHO VIOLATES A LAW OR ORDINANCE IN THE PEACE 07 OFFICER'S PRESENCE, OR WHOM THE PEACE OFFICER REASONABLY 08 BELIEVES IS A FUGITIVE FROM JUSTICE. A PEACE OFFICER MAY 09 CONTINUE A LAWFUL ARREST MADE BY A CITIZEN. THE PEACE 10 OFFICER] may 11 (1) have the minor detained in a juvenile detention facility if in the 12 opinion of the peace officer making or continuing the arrest it is necessary to do so 13 to protect the minor or the community ; however, the department may direct that a 14 minor who was arrested or whose arrest was continued be released from detention 15 before the hearing required by (c) of this section; 16 (2) before taking the minor to a juvenile detention facility, release 17 the minor to the minor's parents or guardian if detention is not necessary to 18 (A) protect the minor or the community; or 19 (B) ensure the minor's attendance at subsequent court 20 hearings . 21 * Sec. 33. AS 47.12.250(c) is amended to read: 22 (c) The court shall immediately, and in no event more than 48 hours later, hold 23 a hearing at which the minor and the minor's parents or guardian if they can be found 24 shall be present. The court shall determine whether probable cause exists for believing 25 the minor to be delinquent. The court shall inform the minor of the reasons alleged 26 to constitute probable cause and the reasons alleged to authorize the minor's detention. 27 The minor is entitled to counsel [AND TO CONFRONTATION OF ADVERSE 28 WITNESSES]. 29 * Sec. 34. AS 47.12 is amended by adding a new section to read: 30  Sec. 47.12.255. Placement in secure residential psychiatric treatment 31 centers. (a) The court may authorize the department to place a minor who is in the

01 custody of the department under AS 47.12.120(b)(1) or (3) or 47.12.140 in a secure 02 residential psychiatric treatment center if the court finds, based on the testimony of a 03 mental health professional, that 04 (1) the minor is gravely disabled or is suffering from mental illness 05 and, as a result, is likely to cause serious harm to the minor or to another person; 06 (2) there is no reasonably available, appropriate, and less restrictive 07 alternative for the minor's treatment or that less restrictive alternatives have been tried 08 and have failed; and 09 (3) there is reason to believe that the minor's mental condition could 10 be improved by the course of treatment or would deteriorate if untreated. 11 (b) A court shall review a placement made under this section at least once 12 every 90 days. The court may authorize the department to continue the placement of 13 the minor in a secure residential psychiatric treatment center if the court finds, based 14 on the testimony of a mental health professional, that the conditions or symptoms that 15 resulted in the initial order have not ameliorated to such an extent that the minor's 16 needs can be met in a less restrictive setting and that the minor's mental condition 17 could be improved by the course of treatment or would deteriorate if untreated. 18 (c) The department shall transfer a minor from a secure residential psychiatric 19 treatment center to another appropriate placement if the mental health professional 20 responsible for the minor's treatment determines that the minor would no longer benefit 21 from the course of treatment or that the minor's treatment needs could be met in a less 22 restrictive setting. The department shall notify the minor, the minor's parents or 23 guardian, and the minor's guardian ad litem of a determination and transfer made under 24 this subsection. 25 (d) In this section, "likely to cause serious harm" has the meaning given in 26 AS 47.30.915. 27 * Sec. 35. AS 47.12.300(c) is amended to read: 28 (c) Except when disclosure of the name of a minor is authorized or required 29 by this chapter and except as provided in (g) of this section , the name or picture of 30 a minor under the jurisdiction of the court may not be made public in connection with 31 the minor's status as a delinquent unless authorized by order of the court.

01 * Sec. 36. AS 47.12.300(d) is amended to read: 02 (d) Except as provided in (f) of this section, within [WITHIN] 30 days of 03 the date of a minor's 18th birthday or, if the court retains jurisdiction of a minor past 04 the minor's 18th birthday, within 30 days of the date on which the court releases 05 jurisdiction over the minor, the court shall order all the court's official records 06 pertaining to that minor in a proceeding under this chapter sealed, as well as records 07 of all driver's license proceedings under AS 28.15.185, criminal proceedings against 08 the minor, and punishments assessed against the minor. A person may not use these 09 sealed records for any purpose except that the court may order their use for good cause 10 shown or may order their use by an officer of the court in making a presentencing 11 report for the court. The provisions of this subsection relating to the sealing of records 12 do not apply to records of traffic offenses. 13 * Sec. 37. AS 47.12.300(e) is amended to read: 14 (e) The court's official records prepared under this chapter and not made 15 public under this section are confidential and may be inspected only with the 16 court's permission and only by persons having a legitimate interest in them. A person 17 with a legitimate interest in the inspection of a confidential [AN OFFICIAL] record 18 maintained by the court includes a victim who suffered physical injury or whose real 19 or personal property was damaged as a result of an offense that was the basis of an 20 adjudication or modification of disposition. If the victim knows the identity of the 21 minor, identifies the minor or the offense to the court, and certifies that the 22 information is being sought to consider or support a civil action against the minor or 23 against the minor's parents or guardian [GUARDIANS] under AS 34.50.020, the court 24 shall, subject to AS 12.61.110 and 12.61.140, allow the victim to inspect and use the 25 following records and information in connection with the civil action: 26 (1) a petition filed under AS 47.12.040(a) seeking to have the court 27 declare the minor a delinquent; 28 (2) a petition filed under AS 47.12.120 seeking to have the court 29 modify or revoke the minor's probation; 30 (3) a petition filed under AS 47.12.100 requesting the court to find that 31 a minor is not amenable to treatment under this chapter and that results in closure of

01 a case under AS 47.12.100(a); and 02 (4) a court judgment or order entered under this chapter that disposes 03 of a petition identified in (1) - (3) of this subsection. 04 * Sec. 38. AS 47.12.300(f) is amended to read: 05 (f) A person who has been tried as an adult under AS 47.12.100(a) or a 06 person whose records have been made public under (g) of this section , or the 07 department on the person's behalf, may petition the superior court to seal the records 08 of all criminal proceedings, except traffic offenses, initiated against the person, and all 09 punishments assessed against the person, while the person was a minor. A petition 10 under this subsection may not be filed until five years after the completion of the 11 sentence imposed for the offense for which the person was tried as an adult or five 12 years after a disposition was entered for an offense for which the records were 13 made public under (g) of this section . If the superior court finds that its order has 14 had its intended rehabilitative effect and further finds that the person has fulfilled all 15 orders of the court entered under AS 47.12.120, the superior court shall order the 16 record of proceedings and the record of punishments sealed. Sealing the records 17 restores civil rights removed because of a conviction. A person may not use these 18 sealed records for any purpose except that the court may order their use for good cause 19 shown or may order their use by an officer of the court in making a presentencing 20 report for the court. The court may not, under this subsection, seal records of a 21 criminal proceeding 22 (1) initiated against a person if the court finds that the person has not 23 complied with a court order made under AS 47.12.120; or 24 (2) commenced under AS 47.12.030(a) unless the minor has been 25 acquitted of all offenses with which the minor was charged or unless the most serious 26 offense of which the minor was convicted was not an offense specified in 27 AS 47.12.030(a). 28 * Sec. 39. AS 47.12.300 is amended by adding new subsections to read: 29 (g) When a district attorney has elected to seek imposition of a dual sentence 30 and a petition has been filed under AS 47.12.065, or when a minor agrees as part of 31 a plea agreement to be subject to dual sentencing, all court records shall be open to

01 the public except for predisposition reports, psychiatric and psychological reports, and 02 other documents that the court orders to be kept confidential because the release of the 03 documents could be harmful to the minor or could violate the constitutional rights of 04 the victim or other persons. 05 (h) A person who discloses confidential information in violation of this section 06 is guilty of a class B misdemeanor. 07 * Sec. 40. AS 47.12.310(b) is amended to read: 08 (b) A state or municipal agency or employee 09 (1) shall disclose information regarding a case to a federal, state, 10 or municipal law enforcement agency for a specific investigation being conducted 11 by that agency; and 12 (2) may disclose information regarding a case to 13 (A) [(1)] a guardian ad litem appointed by the court or to a 14 citizen review board or local review panel for permanency planning authorized 15 by AS 47.14.200 - 47.14.220; 16 (B) [(2)] a person or an agency requested to provide 17 consultation or services for a minor who is subject to the jurisdiction of the 18 court under this chapter; 19 (C) [(3)] school officials as may be necessary to protect the 20 safety of the minor who is the subject of the case and the safety of school 21 students and staff or to enable the school to provide appropriate counseling and 22 supportive services to meet the needs of a minor about whom information is 23 disclosed; 24 (D) [(4)] a governmental agency as may be necessary to obtain 25 that agency's assistance for the department in its investigation or to obtain 26 physical custody of a minor; 27 (E) [(5)] a federal, state , or municipal law enforcement agency 28 as may be necessary [FOR A SPECIFIC INVESTIGATION BEING 29 CONDUCTED BY THAT AGENCY OR] for disclosures by that agency to 30 protect the public safety; and 31 (F) [(6)] a victim or to the victim's insurance company as

01 may be necessary to inform the victim or the insurance company about the 02 arrest of the minor, including the minor's name and the names of the 03 minor's parents, copies of reports, or the disposition or resolution of a case 04 involving a minor. 05 * Sec. 41. AS 47.12.310(g) is amended to read: 06 (g) The department and affected law enforcement agencies shall work with 07 school districts and private schools to develop procedures for the disclosure of 08 information to school officials under (b)(2)(C) [(b)(3)] and (c)(3) of this section. The 09 procedures must provide a method for informing the principal or the principal's 10 designee of the school the student attends as soon as it is reasonably practicable. 11 * Sec. 42. AS 47.12.320(a) is amended to read: 12 (a) Notwithstanding AS 47.12.300 and 47.12.310, 13 (1) a parent or legal guardian of a minor subject to a proceeding under 14 this chapter may disclose confidential or privileged information about the minor, 15 including information that has been lawfully obtained from agency or court files, to 16 the governor, the lieutenant governor, a legislator, the ombudsman appointed under 17 AS 24.55, the attorney general, and the commissioners of health and social services, 18 administration, or public safety, or an employee of these persons, for review or use in 19 their official capacities ; 20 (2) the department may disclose confidential or privileged 21 information about the minor and make available for inspection documents about 22 the minor to the state officials or employees identified in (1) of this subsection for 23 review or use in their official capacities; and 24 (3) a [. A] person to whom disclosure is made under (1) or (2) of this 25 subsection [SECTION] may not disclose confidential or privileged information about 26 the minor to a person not authorized to receive it. 27 * Sec. 43. AS 47.12.320(b) is amended to read: 28 (b) The disclosure right under (a)(1) [(a)] of this section is in addition to, and 29 not in derogation of, the rights of a parent or legal guardian of a minor. 30 * Sec. 44. AS 47.12 is amended by adding a new section to read: 31 Sec. 47.12.988. Implementation of provisions by an entity selected by

01 department. In this chapter, when authority exercised by the department may also be 02 exercised by an entity selected by the department, the entity that the department may 03 select in order to exercise authority is limited to 04 (1) a municipality; or 05 (2) a corporation. 06 * Sec. 45. AS 47.12.990 is amended by adding new paragraphs to read: 07 (13) "gravely disabled" has the meaning given in AS 47.30.915; 08 (14) "mental health professional" has the meaning given in 09 AS 47.30.915; 10 (15) "mental illness" has the meaning given in AS 47.30.915; 11 (16) "secure residential psychiatric treatment center" has the meaning 12 given in AS 47.35.900. 13 * Sec. 46. AS 47.15.010 is amended by adding a new article to read: 14 ARTICLE XVII 15 RENDITION 16 (a) This article shall provide additional remedies and shall be binding only 17 between those party states which specifically execute it. 18 (b) All provisions and procedures of articles V and VI of the Interstate 19 Compact on Juveniles shall be construed to apply to any juvenile charged with being 20 a delinquent by reason of a violation of any criminal law. Any juvenile charged with 21 being a delinquent by reason of violating any criminal law shall be returned to the 22 requesting state upon a requisition to the state where the juvenile may be found. A 23 petition in such a case shall be filed in a court of competent jurisdiction in the 24 requesting state where the violation of criminal law is alleged to have been committed. 25 The petition may be filed regardless of whether the juvenile has left the state before 26 or after filing of the petition. The requisition described in article V of the compact 27 shall be forwarded by the judge of the court in which the petition has been filed. 28 * Sec. 47. AS 47.35.010(a) is amended to read: 29 (a) The department may 30 (1) license and supervise foster homes, child care facilities, residential 31 child care facilities, semi-secure residential child care facilities, secure residential

01 psychiatric treatment centers, child placement agencies, and maternity homes; 02 (2) investigate applicants, licensees, and persons that the department 03 reasonably believes are operating a facility without a license in violation of this 04 chapter; 05 (3) adopt regulations to implement the provisions of this chapter, 06 including regulations establishing licensure and renewal procedures, standards, and 07 fees; establishing requirements for operation of facilities or agencies licensed under this 08 chapter; and distinguishing between types of child care facilities; 09 (4) enter into agreements with private entities, municipalities, or 10 individuals to investigate and make recommendations to the department for the 11 licensing and supervision of foster homes, child care facilities, residential child care 12 facilities, semi-secure residential child care facilities, secure residential psychiatric 13 treatment centers, child placement agencies, and maternity homes under procedures 14 and standards of operation established by the department. 15 * Sec. 48. AS 47.35.015(c) is amended to read: 16 (c) A person may not operate a residential child care facility , semi-secure 17 residential child care facility, or secure residential psychiatric treatment center 18 without a license issued under this chapter unless that facility is 19 (1) a juvenile facility operated by the state under AS 47.14.010; 20 (2) a medical facility licensed by the department under AS 18.20; 21 (3) a recreational camp providing recreational experiences of no more 22 than one month's duration for a child; or 23 (4) exempt from licensure for a reason set out in (b)(6) or (7) of this 24 section. 25 * Sec. 49. AS 47.35.017(a) is amended to read: 26 (a) Application for a license to operate a foster home, child care facility, 27 residential child care facility, semi-secure residential child care facility, secure 28 residential psychiatric treatment center, child placement agency, or maternity home 29 [,] shall be made to the department on a form provided by the department [,] and shall 30 be accompanied by any applicable fees established by the department under 31 AS 47.35.010(a)(3).

01 * Sec. 50. AS 47.35.085 is amended to read: 02 Sec. 47.35.085. Shelters for runaway minors. (a) The department shall 03 adopt regulations under which a [NONPROFIT] corporation may apply for a license 04 to designate and supervise shelters for runaway minors. 05 (b) The department shall also adopt regulations setting health and safety 06 standards for shelters for runaways. The regulations adopted under this subsection must 07 (1) involve less regulation than is required for programs for runaways 08 licensed under AS 47.10.310 and foster homes licensed under this chapter; 09 (2) provide that private agencies approved by the department may 10 recruit, evaluate, and monitor the shelters for runaways under procedures established 11 by the department; and 12 (3) require that a [NONPROFIT] corporation licensed under (a) of this 13 section inspect the shelters for runaways, perform criminal background checks of its 14 residents, keep records, and meet other requirements only to the extent that they are 15 necessary to reduce the risk to the health and safety of a runaway minor in the shelter. 16 (c) If a [NONPROFIT] corporation licensed under (a) of this section certifies 17 to the department that a home meets the standards set under (b) of this section, the 18 department shall issue the home a permit authorizing it to be a shelter for runaway 19 minors. The permit may not be transferred to a different home or owner. 20 (d) Upon notice from a [NONPROFIT] corporation licensed under (a) of this 21 section that a shelter for runaways is not in compliance with AS 47.10.392 - 47.10.399 22 or the regulations of the department adopted under (b) of this section, the department 23 may revoke a permit issued under this subsection or modify it to provisional status. 24 The department shall give written notice of revocation or modification under this 25 subsection at least 30 days before the effective date of the action. However, if the 26 health or well-being of a child is in jeopardy, the revocation or modification action is 27 effective immediately upon the issuance of written notice by the department. 28 * Sec. 51. AS 47.35.900 is amended by adding new paragraphs to read: 29 (20) "secure residential psychiatric treatment center" means a lockable, 30 physician-directed residential child care facility; 31 (21) "semi-secure" has the meaning given in AS 47.10.141;

01 (22) "semi-secure residential child care facility"means a residential 02 child care facility that is wholly or partially semi-secure. 03 * Sec. 52. Rule 10(c), Alaska Delinquency Rules, is amended to read: 04 (c) Temporary Detention Hearing. Hearsay that [WHICH] is not otherwise 05 admissible under the Evidence Rules may be admitted under the standard stated in 06 paragraph (b) of this rule [IS NOT ADMISSIBLE TO PROVE PROBABLE 07 CAUSE] at a temporary detention hearing. [HOWEVER, OTHERWISE 08 INADMISSIBLE HEARSAY MAY BE ADMITTED UNDER THE STANDARD 09 STATED IN PARAGRAPH (b) OF THIS RULE ON THE ISSUE OF WHETHER 10 THE MINOR SHOULD BE REMOVED FROM THE HOME OR DETAINED.] 11 * Sec. 53. Rules 6 and 7, Alaska Delinquency Rules, are repealed. 12 * Sec. 54. AS 47.12.110(c) and 47.12.120(g) are repealed. 13 * Sec. 55. AS 47.12.110(e), added by sec. 22 of this Act, has the effect of changing 14 Rules 3 and 21, Alaska Delinquency Rules, by reversing the presumption that the public shall 15 be excluded from hearings involving minors. 16 * Sec. 56. The provisions of AS 47.12.300(g), added by sec. 39 of this Act, have the effect 17 of changing Rule 27, Alaska Delinquency Rules, by making court records for certain juvenile 18 proceedings public documents in specified circumstances. 19 * Sec. 57. APPLICABILITY OF SECTIONS 1 - 6, 15 - 33, 35 - 44, and 52. Sections 1 - 20 6, 15 - 33, 35 - 44, and 52 of this Act apply to all offenses committed on or after the effective 21 date of this Act. 22 * Sec. 58. SCOPE AND APPLICABILITY OF SECTION 46. The juvenile rendition 23 amendment to the Interstate Compact on Juveniles is hereby enacted into law by sec. 46 of 24 this Act and entered into by this state with all other states legally joining therein in the form 25 substantially as set out in sec. 46 of this Act. Section 46 of this Act applies to offenses 26 committed before, on, or after the effective date of this Act. 27 * Sec. 59. This Act takes effect July 1, 1998.