HB 97: "An Act relating to juvenile delinquency proceedings and to the disclosure and confidentiality of juvenile records and information; 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 an amendment to the Interstate Compact on Juveniles; amending Delinquency Rules 3, 21, and 27; and providing for an effective date."
00HOUSE BILL NO. 97 01 "An Act relating to juvenile delinquency proceedings and to the disclosure and 02 confidentiality of juvenile records and information; providing for the dual 03 sentencing of minors who commit certain felony offenses; relating to violations 04 of municipal ordinances by minors and to civil penalties for violation of 05 municipal ordinances by minors; relating to an amendment to the Interstate 06 Compact on Juveniles; amending Delinquency Rules 3, 21, and 27; and providing 07 for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 10 (54) AS 29.25.070(e) (notices of certain civil actions). 11 * Sec. 2. AS 29.25.070(b) is amended to read: 12 (b) The municipality or an aggrieved person may institute a civil action against 13 a perso n, including a minor as provided in AS 47.12.280, who violates an ordinance. 14 In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000
01 may be imposed for each violation. An action to enjoin a violation may be brought 02 notwithstanding the availability of any other remedy. On application for injunctive 03 relief and a finding of a violation or a threatened violation, the superior court shall 04 grant the injunction. Each day that a violation of an ordinance continues constitutes 05 a separate violation. 06 * Sec. 3. AS 29.25.070 is amended by adding new subsections to read: 07 (e) The municipality shall provide written notice to the commissioner of health 08 and social services or to the commissioner's designee of the commencement of a civil 09 enforcement action for the violation of an ordinance under (b) of this section against 10 a minor. Unless the commissioner and the municipality negotiate an agreement 11 making other arrangements for the municipality to provide the notice required by this 12 subsection, the municipality shall provide notice by mailing a copy of the citation or 13 other document setting out the notice of the commencement of the civil enforcement 14 action. This subsection applies to home rule and general law municipalities. 15 (f) In this section, "minor" means a person under 18 years of age. 16 * Sec. 4. AS 47.10.092(a) is amended to read: 17 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian 18 of a minor subject to a proceeding under AS 47.10.010 - 47.10.142 may disclose 19 confidential or privileged information about the minor, including information that has 20 been lawfully obtained from agency or court files, to the governor, the lieutenant 21 governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, 22 and the commissioners of health and social services, administration, or public safety, 23 or an employee of these persons, for review or use in their official capacities. The 24 department may disclose additional confidential or privileged information and 25 make available for inspection documents about the minor to these state officials 26 or employees for review or use in their official capacities. A person to whom 27 disclosure is made under this section may not disclose confidential or privileged 28 information about the minor to a person not authorized to receive it. 29 * Sec. 5. AS 47.12.010 is repealed and reenacted to read: 30 Sec. 47.12.010. Goal and purposes of chapter. (a) The goal of this chapter 31 is to promote a balanced juvenile justice system in the state to protect the community,
01 impose accountability for violations of law, and equip juvenile offenders with the skills 02 needed to live responsibly and productively. 03 (b) The purposes of this chapter are to 04 (1) respond to a juvenile offender's needs in a manner that is consistent 05 with 06 (A) prevention of repeated criminal behavior; 07 (B) restoration of the community and victim; 08 (C) protection of the public; and 09 (D) development of the juvenile into a productive citizen; 10 (2) protect citizens from juvenile crime; 11 (3) hold each juvenile offender directly accountable for the offender's 12 conduct; 13 (4) provide swift and consistent consequences for crimes committed by 14 juveniles; 15 (5) make the juvenile justice system more open, accessible, and 16 accountable to the public; 17 (6) require parental or guardian participation in the juvenile justice 18 process; 19 (7) create an expectation that parents will be held responsible for the 20 conduct and needs of their children; 21 (8) ensure that victims, witnesses, parents, guardians, juvenile offenders, 22 and all other interested parties are treated with dignity, respect, courtesy, and 23 sensitivity throughout all legal proceedings; 24 (9) provide due process through which juvenile offenders, victims, 25 parents, and guardians are assured fair legal proceedings during which constitutional 26 and other legal rights are recognized and enforced; 27 (10) divert juveniles from the formal juvenile justice process through 28 early intervention as warranted, when consistent with the protection of the public; 29 (11) provide an early, individualized assessment and action plan for each 30 juvenile offender, in order to prevent further criminal behavior through the 31 development of appropriate skills in the juvenile offender, so that the juvenile is more
01 capable of living productively and responsibly in the community; 02 (12) ensure that victims and witnesses of crimes committed by juveniles 03 are afforded the same rights as victims and witnesses of crimes committed by adults; 04 (13) encourage and provide opportunities for local communities and 05 groups to play an active role in the juvenile justice process in ways that are culturally 06 relevant; and 07 (14) regularly and independently review and evaluate the effectiveness 08 of programs and services under this chapter. 09 * Sec. 6. AS 47.12 is amended by adding a new section to read: 10 Sec. 47.12.035. Dual sentencing provisions. (a) The department or an entity 11 designated by the department shall refer to a district attorney a criminal matter 12 involving a minor who is subject to the jurisdiction of this chapter if the minor 13 (1) was at least 13 years of age but had not reached 16 years of age at 14 the time of the offense and the offense is 15 (A) an unclassified felony or a class A felony and, if the minor 16 had been at least 16 years of age at the time of the offense, AS 47.12.030(a) 17 would have made this chapter and the Alaska Delinquency Rules inapplicable; 18 or 19 (B) sexual assault in the second degree; or 20 (2) was 16 years of age or older at the time of the offense and the 21 offense is 22 (A) a felony that is a crime against a person and the minor has 23 previously been adjudicated a delinquent under the laws of this state or 24 substantially similar laws of another jurisdiction for a felony offense that is a 25 crime against a person; or 26 (B) sexual abuse of a minor in the second degree. 27 (b) If a criminal matter is referred under (a) of this section, the district attorney 28 may elect to seek imposition of a dual sentence in the case to further the goal and 29 purposes of this chapter as set out in AS 47.12.010. If the district attorney seeks 30 imposition of a dual sentence, the district attorney shall present the case to the grand 31 jury for indictment. If the grand jury returns a true bill, the district attorney shall file
01 a petition under AS 47.12.040(b) with the court. 02 (c) If the district attorney decides not to seek imposition of a dual sentence 03 under (b) of this section or if the grand jury does not return a true bill, the criminal 04 matter shall proceed under the remaining provisions of this chapter. 05 * Sec. 7. AS 47.12.040(a) is amended to read: 06 (a) Except as provided in AS 47.12.035, whenever [WHENEVER] 07 circumstances subject a minor to the jurisdiction of this chapter, the court shall 08 (1) provide, under procedures adopted by court rule, that, for a minor 09 who is alleged to be a delinquent minor under AS 47.12.020, the department or an 10 entity designated by the department [A STATE AGENCY] shall make a preliminary 11 inquiry to determine if any action is appropriate and may take appropriate action to 12 adjust the matter without a court hearing; if, under this paragraph, 13 (A) the department or an entity designated by the 14 department [STATE AGENCY] makes a preliminary inquiry and takes 15 appropriate action to adjust the matter without a court hearing, the minor may 16 not be detained or taken into custody as a condition of the adjustment and, 17 subject to AS 47.12.060, the matter shall be closed [BY THE AGENCY] if the 18 minor successfully completes all that is required of the minor by the 19 department or the entity designated by the department [AGENCY] in the 20 adjustment; in a municipality or municipalities in which a youth court has been 21 established under AS 47.12.400 or in an area in which another community 22 program or review panel has been designated by the department , 23 adjustment of the matter under this paragraph may include referral to the youth 24 court or other designated program or panel ; 25 (B) the department [AGENCY] concludes that the matter may 26 not be adjusted without a court hearing, the department [AGENCY] may file 27 a petition under (2) of this subsection setting out the facts; or 28 (2) appoint a competent person or agency to make a preliminary inquiry 29 and report for the information of the court to determine whether the interests of the 30 public or of the minor require that further action be taken; if, under this paragraph, the 31 court appoints a person or an agency to make a preliminary inquiry and to report to
01 it, then upon the receipt of the report, the court may informally adjust the matter 02 without a hearing, or it may authorize the department [THE PERSON HAVING 03 KNOWLEDGE OF THE FACTS OF THE CASE] to file with the court a petition 04 setting out the facts; if the court informally adjusts the matter, the minor may not be 05 detained or taken into the custody of the court as a condition of the adjustment, and 06 the matter shall be closed by the court upon adjustment. 07 * Sec. 8. AS 47.12.110(a) is amended to read: 08 (a) The court shall conduct a hearing on the petition. The court shall give 09 notice of the hearing to the department, and the department shall send a representative 10 to the hearing. The representative of the department may also be heard at the hearing. 11 Except as provided in (b) of this section, the [THE] public shall be excluded from 12 the hearing, but the court, in its discretion, may permit individuals to attend a hearing, 13 if their attendance is compatible with the best interests of the minor. Nothing in this 14 section may be applied in such a way as to deny a minor's rights to a public trial and 15 to a trial by jury. 16 * Sec. 9. AS 47.12.110(b) is amended to read: 17 (b) Notwithstanding (a) of this section, 18 (1) when a district attorney has elected to seek imposition of a dual 19 sentence, and a petition has been filed, under AS 47.12.035, or when a minor 20 agrees as part of a plea agreement to be subject to dual sentencing, all court 21 proceedings shall be open to the public except as prohibited or limited by order 22 of the court; 23 (2) for a minor who is 16 years of age or older at the time of the 24 charged offense and who is found by the court to have committed a felony offense 25 against the person or, after having been previously adjudicated a delinquent for 26 a felony offense, is found by the court to have committed the offense of burglary 27 in the first degree, all further court proceedings shall be open to the public except 28 as prohibited or limited by order of the court; and 29 (3) the victim of an offense that a minor is alleged to have committed, 30 or the designee of the victim, has a right to be present at all hearings held under this 31 sectio n; if [. IF] the minor is found to have committed the offense, the victim may at
01 the disposition hearing give sworn testimony or make an unsworn oral presentation 02 concerning the offense and its effect on the victi m; if [. IF] there are numerous victims 03 of a minor's offense, the court may limit the number of victims who may give sworn 04 testimony or make an unsworn oral presentation, but the court may not limit the right 05 of a victim to attend a hearing. 06 * Sec. 10. AS 47.12.120 is repealed and reenacted to read: 07 Sec. 47.12.120. Judgments and orders. (a) The court, at the conclusion of 08 the hearing, or thereafter as the circumstances of the case may require, shall find and 09 enter a judgment that the minor is or is not delinquent. 10 (b) If the court finds that the minor is delinquent and is not subject to (c) of 11 this section, it shall 12 (1) order the minor committed to the department for a period of time 13 not to exceed two years or in any event extend past the day the minor becomes 19, 14 except that the department may petition for and the court may grant in a hearing (A) 15 two-year extensions of commitment that do not extend beyond the child's 19th 16 birthday if the extension is in the best interests of the minor and the public; and (B) 17 an additional one-year period of supervision past age 19 if continued supervision is in 18 the best interests of the person and the person consents to it; the department shall place 19 the minor in the juvenile facility that the department considers appropriate and that 20 may include a juvenile correctional school, juvenile work camp, treatment facility, 21 detention home, or detention facility; the minor may be released from placement or 22 detention and placed on probation on order of the court and may also be released by 23 the department, in its discretion, under AS 47.12.200; 24 (2) order the minor placed on probation, to be supervised by the 25 department, and released to the minor's parents, guardian, or a suitable person; if the 26 court orders the minor placed on probation, it may specify the terms and conditions 27 of probation; the probation may be for a period of time, not to exceed two years and 28 in no event extend past the day the minor becomes 19, except that the department may 29 petition for and the court may grant in a hearing 30 (A) two-year extensions of supervision that do not extend 31 beyond the child's 19th birthday if the extension is in the best interests of the
01 minor and the public; and 02 (B) an additional one-year period of supervision past age 19 if 03 the continued supervision is in the best interests of the person and the person 04 consents to it; 05 (3) order the minor committed to the department and placed on 06 probation, to be supervised by the department, and released to the minor's parents, 07 guardian, other suitable person, or suitable nondetention setting such as a relative or 08 in a foster home or residential child care facility, whichever the department considers 09 appropriate to implement the treatment plan of the predisposition report; if the court 10 orders the minor placed on probation, it may specify the terms and conditions of 11 probation; the department may transfer the minor, in the minor's best interests, from 12 one of the probationary placement settings listed in this paragraph to another, and the 13 minor, the minor's parents or guardian, and the minor's attorney are entitled to 14 reasonable notice of the transfer; the probation may be for a period of time, not to 15 exceed two years and in no event extend past the day the minor becomes 19, except 16 that the department may petition for and the court may grant in a hearing 17 (A) two-year extensions of commitment that do not extend 18 beyond the child's 19th birthday if the extension is in the best interests of the 19 minor and the public; and 20 (B) an additional one-year period of supervision past age 19 if 21 the continued supervision is in the best interests of the person and the person 22 consents to it; 23 (4) order the minor and the minor's parent to make suitable restitution 24 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 25 under this paragraph, 26 (A) except as provided in (B) of this paragraph, the court may 27 not refuse to make an order of restitution to benefit the victim of the act of the 28 minor that is the basis of the delinquency adjudication; and 29 (B) the court may not order payment of restitution by the parent 30 of a minor who is a runaway or missing minor for an act of the minor that was 31 committed by the minor after the parent has made a report to a law
01 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 02 away or is missing; for purposes of this subparagraph, "runaway or missing 03 minor" means a minor who a parent reasonably believes is absent from the 04 minor's residence for the purpose of evading the parent or who is otherwise 05 missing from the minor's usual place of abode without the consent of the 06 parent; 07 (5) order the minor committed to the department for placement in an 08 adventure based education program established under AS 47.21.020 with conditions 09 the court considers appropriate concerning release upon satisfactory completion of the 10 program or commitment under (1) of this subsection if the program is not satisfactorily 11 completed; 12 (6) in addition to an order under (1) - (5) of this subsection, order the 13 minor to perform community service; for purposes of this paragraph, "community 14 service" includes work 15 (A) defined as community service under AS 33.30.901; or 16 (B) that, on the recommendation of the city council or 17 traditional village council, would benefit persons within the city or village who 18 are elderly or disabled; or 19 (7) in addition to an order under (1) - (6) of this subsection, order the 20 minor's parent or guardian to comply with orders made under AS 47.12.155, including 21 participation in treatment under AS 47.12.155(b)(1). 22 (c) If the case is one in which a district attorney has elected to seek imposition 23 of a dual sentence under AS 47.12.035 and the court finds that the minor is delinquent 24 for committing an offense in the circumstances set out in AS 47.12.035, or if the 25 minor agrees as part of a plea agreement to be subject to dual sentencing, the court 26 shall impose a juvenile disposition in accordance with (b) of this section and shall also 27 pronounce an adult sentence for the offense in accordance with the provisions of 28 AS 12.55. The adult sentence, however, must include some period of imprisonment 29 that is not suspended by the court. 30 (d) If the court finds that the minor is not delinquent, it shall immediately 31 order the minor released from the department's custody and returned to the minor's
01 parents, guardian, or custodian, and dismiss the case. 02 (e) A minor found to be delinquent is a ward of the state while committed to 03 the department or while the department has the power to supervise the minor's actions. 04 The court shall review an order made under (b) or (c) of this section annually, and 05 may review the order more frequently to determine if continued placement, probation, 06 or supervision, as it is being provided, is in the best interest of the minor and the 07 public. If annual review under this subsection would arise within 90 days of the 08 hearing required under (h) of this section, the court may postpone review under this 09 subsection until the time set for the hearing. The department, the minor, the minor's 10 parents, guardian, or custodian are entitled, when good cause is shown, to a review on 11 application. If the application is granted, the court shall afford these parties and their 12 counsel reasonable notice in advance of the review and hold a hearing where these 13 parties and their counsel shall be afforded an opportunity to be heard. The minor shall 14 be afforded the opportunity to be present at the review. 15 (f) The department shall pay all court costs incurred in all proceedings in 16 connection with the adjudication of delinquency under this chapter, including hearings 17 that result in the release of the minor. 18 (g) A minor, the minor's parents or guardian acting on the minor's behalf, or 19 the department may appeal a judgment or order, or the stay, modification, setting aside, 20 revocation, or enlargement of a judgment or order issued by the court under this 21 chapter. 22 (h) Within 18 months after the date a child is initially taken into custody by 23 the department under (b)(3) of this section, the court shall hold a hearing to review the 24 placement and services provided and to determine the future status of the minor. The 25 court shall make appropriate written findings, including findings related to the 26 following: 27 (1) whether the child should be returned to the parent; 28 (2) whether the child should remain in out-of-home care for a specified 29 period; 30 (3) whether the child should remain in out-of-home care on a 31 permanent or long-term basis because of special needs or circumstances;
01 (4) whether the child should be placed for adoption or legal 02 guardianship. 03 (i) Within 60 days after the date a child is removed from the child's home by 04 the department, the department shall notify the appropriate local citizen out-of-home 05 care review panel established under AS 47.14.220. 06 * Sec. 11. AS 47.12.140(a) is amended to read: 07 (a) In making its dispositional order under AS 47.12.120(b)(1) - (3) and (5) 08 and (c) , the court shall 09 (1) consider both the best interests of the minor and the interests of the 10 public, and, in doing so, the court shall take into account 11 (A) the seriousness of the minor's delinquent act, and the 12 attitude of the minor and the minor's parents toward that act; 13 (B) the minor's culpability as indicated by the circumstances of 14 the particular case; 15 (C) the age of the minor; 16 (D) the minor's prior criminal or juvenile record, and the 17 success or failure of any previous orders, dispositions, or placements imposed 18 on the minor; 19 (E) the effect of the dispositional order to be imposed in 20 deterring the child from committing other delinquent acts; 21 (F) the need to commit the minor to the department's custody 22 or to detain the minor in an institution or other suitable place in order to 23 prevent further harm to the public; 24 (G) the interest of the public in securing the minor's 25 rehabilitation; and 26 (H) the ability of the state to take custody of and to care for the 27 minor; and 28 (2) order the least restrictive alternative disposition for the minor; for 29 purposes of this paragraph, the "least restrictive alternative disposition" means that 30 disposition that is no more restrictive than is, in the judgment of the court, most 31 conducive to the minor's rehabilitation taking into consideration the interests of the
01 public. 02 * Sec. 12. AS 47.12.160 is amended by adding new subsections to read: 03 (d) The department may petition the court for imposition of an adult sentence 04 pronounced under AS 47.12.120(c) if the person is still subject to the jurisdiction of 05 the court and if the person 06 (1) commits a new felony offense; 07 (2) commits a new offense against a person that is a misdemeanor and 08 involves injury to a person or the use of a deadly weapon; 09 (3) fails to comply with the terms of a restitution order; 10 (4) fails to engage in or satisfactorily complete a rehabilitation program 11 ordered by a court or required by a facility or juvenile probation officer; or 12 (5) escapes from a juvenile correctional facility. 13 (e) If a petition is filed under (d) of this section and if the court finds by a 14 preponderance of the evidence that the person has committed a new felony offense that 15 is a crime against a person or is the crime of arson, the court shall impose the adult 16 sentence previously pronounced under AS 47.12.120(c) and transfer custody of the 17 person to the Department of Corrections. If the court finds by a preponderance of the 18 evidence that any of the other circumstances set out in (d)(1) - (5) of this section exist, 19 the court shall impose the adult sentence previously pronounced and transfer custody 20 of the person to the Department of Corrections unless the person proves by 21 preponderance of the evidence that mitigating circumstances exist that justify a 22 continuance in the stay of the adult sentence and the person is amenable to further 23 treatment under this chapter. The court shall make written findings to support its 24 order. 25 * Sec. 13. AS 47.12.180(a) is amended to read: 26 (a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an 27 adjudication under this chapter upon the status of a minor 28 (1) may not operate to impose any of the civil disabilities ordinarily 29 imposed by conviction upon a criminal charge; 30 (2) does not operate to permit a minor afterward to be considered a 31 criminal by the adjudication; and
01 (3) does not operate to permit the adjudication to be afterward deemed 02 a conviction, nor may a minor be charged with or convicted of a crime in a court, 03 except as provided in this chapter. 04 * Sec. 14. AS 47.12.240(c) is amended to read: 05 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 06 correctional facility 07 (1) if the minor is the subject of a petition filed with the court under 08 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 09 is in official detention pending the filing of that petition; however, detention in a 10 correctional facility under this paragraph may not exceed the lesser of 11 (A) six hours; or 12 (B) the time necessary to arrange the minor's transportation to 13 a juvenile detention home or comparable facility for the detention of minors; 14 (2) if, in response to a petition of delinquency filed under this chapter, 15 the court has entered an order closing the case under AS 47.12.100(a), allowing the 16 minor to be prosecuted as an adult; [OR] 17 (3) if the incarceration constitutes a protective custody detention of the 18 minor that is authorized by AS 47.37.170(b ); or 19 (4) if, in response to a petition filed under AS 47.12.160(d), the 20 court has entered an order imposing an adult sentence and transferring custody 21 of the minor to the Department of Corrections . 22 * Sec. 15. AS 47.12 is amended by adding a new section to article 1 to read: 23 Sec. 47.12.280. Civil penalties for violation of municipal ordinances. (a) 24 Except as otherwise provided in this section, the enforcement of a civil penalty under 25 AS 29.25.070(b) against a minor for violation of a municipal ordinance shall be heard 26 in the district court in the same manner as for similar allegations brought against an 27 adult, except that the minor's parent, guardian, or legal custodian shall be present at 28 all proceedings unless the court excuses the parent, guardian, or legal custodian from 29 attendance for good cause. 30 (b) Allegations against a minor for a civil penalty under a municipal ordinance 31 may be assigned to a hearing officer for the municipality for resolution, if provided for
01 by ordinance. 02 (c) An action for a civil penalty filed against a minor under this section does 03 not give rise to the right to a trial by jury or to counsel appointed at public expense. 04 * Sec. 16. AS 47.12.300 is repealed and reenacted to read: 05 Sec. 47.12.300. Court records. (a) The court shall make and keep records of 06 all cases brought before it. 07 (b) The court shall forward a record of adjudication of a violation of an 08 offense listed in AS 28.15.185(a) to the Department of Public Safety if the court 09 imposes a license revocation under AS 28.15.185. 10 (c) When a district attorney has elected to seek imposition of a dual sentence, 11 and a petition has been filed, under AS 47.12.035, or when a minor agrees as part of 12 a plea agreement to be subject to dual sentencing, all court records shall be open to 13 the public except for predisposition reports, psychiatric and psychological reports, and 14 other documents that the court orders to be kept confidential because the release of the 15 documents could be harmful to the minor or could violate the constitutional rights of 16 the victim or other persons. 17 (d) For a minor who is 16 years of age or older at the time of the charged 18 offense and who either is charged with a felony offense against the person or, after 19 having been previously adjudicated a delinquent for a felony offense, is charged with 20 burglary in the first degree, all court records shall be open to the public except for 21 predisposition reports, psychiatric and psychological reports, and other documents that 22 the court orders to be kept confidential because the release of the documents could be 23 harmful to the minor or could violate the constitutional rights of the victim or other 24 persons. 25 (e) Except as provided in (c) and (d) of this section, the name or picture of a 26 minor under the jurisdiction of the court may not be made public in connection with 27 the minor's status as a delinquent unless authorized by order of the court. 28 (f) Except as provided in (h) of this section, within 30 days of the date of a 29 minor's 18th birthday or, if the court retains jurisdiction of a minor past the minor's 30 18th birthday, within 30 days of the date on which the court releases jurisdiction over 31 the minor, the court shall order all the court's official records pertaining to that minor
01 in a proceeding under this chapter sealed, as well as records of all driver's license 02 proceedings under AS 28.15.185, criminal proceedings against the minor, and 03 punishments assessed against the minor. A person may not use these sealed records 04 for any purpose except that the court may order their use for good cause shown or may 05 order their use by an officer of the court in making presentencing report for the court. 06 The provisions of this subsection relating to the sealing of records do not apply to 07 records of traffic offenses. 08 (g) The court's official records prepared under this chapter and not made 09 public under this section are confidential and may be inspected only with the court's 10 permission and only by persons having a legitimate interest in them. A person with 11 a legitimate interest in the inspection of a confidential record maintained by the court 12 includes a victim who suffered physical injury or whose real or personal property was 13 damaged as a result of an offense that was the basis of an adjudication or modification 14 of disposition. If the victim knows the identity of the minor, identifies the minor or 15 the offense to the court, and certifies that the information is being sought to consider 16 or support a civil action against the minor or against the minor's parents or guardians 17 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 18 victim to inspect and use the following records and information in connection with the 19 civil action: 20 (1) a petition filed under AS 47.12.040(a) seeking to have the court 21 declare the minor a delinquent; 22 (2) a petition filed under AS 47.12.120 seeking to have the court 23 modify or revoke the minor's probation; 24 (3) a petition filed under AS 47.12.100 requesting the court to find that 25 a minor is not amenable to treatment under this chapter and that results in closure of 26 a case under AS 47.12.100(a); and 27 (4) a court judgment or order entered under this chapter that disposes 28 of a petition identified in (1) - (3) of this subsection. 29 (h) A person who has been tried as an adult under AS 47.12.100(a) or a person 30 whose records were made public under (c) or (d) of this section, or the department on 31 the person's behalf, may petition the superior court to seal the records of all criminal
01 proceedings, except traffic offenses, initiated against the person, and all punishments 02 assessed against the person, while the person was a minor. A petition under this 03 subsection may not be filed until five years after the completion of the sentence 04 imposed for the offense for which the person was tried as an adult or five years after 05 a disposition was entered for an offense that the records were made public under (c) 06 or (d) of this section. If the superior court finds that its order has had its intended 07 rehabilitative effect and further finds that the person has fulfilled all orders of the court 08 entered under AS 47.12.120, the superior court shall order the record of proceedings 09 and the record of punishments sealed. Sealing the records restores civil rights removed 10 because of a conviction. A person may not use these sealed records for any purpose 11 except that the court may order their use for good cause shown or may order their use 12 by an officer of the court in making a presentencing report for the court. The court 13 may not, under this subsection, seal records of a criminal proceeding 14 (1) initiated against a person if the court finds that the person has not 15 complied with a court order made under AS 47.12.120; or 16 (2) commenced under AS 47.12.030(a) unless the minor has been 17 acquitted of all offenses with which the minor was charged or unless the most serious 18 offense of which the minor was convicted was not an offense specified in 19 AS 47.12.030(a). 20 (i) A person who discloses confidential information in violation of this section 21 is guilty of a class B misdemeanor. 22 * Sec. 17. AS 47.12.320(a) is amended to read: 23 (a) Notwithstanding AS 47.12.300 and 47.12.310, a parent or legal guardian 24 of a minor subject to a proceeding under this chapter may disclose confidential or 25 privileged information about the minor, including information that has been lawfully 26 obtained from agency or court files, to the governor, the lieutenant governor, a 27 legislator, the ombudsman appointed under AS 24.55, the attorney general, and the 28 commissioners of health and social services, administration, or public safety, or an 29 employee of these persons, for review or use in their official capacities. The 30 department may disclose additional confidential or privileged information and 31 make available for inspection documents about the minor to these state officials
01 or employees for review or use in their official capacities. A person to whom 02 disclosure is made under this section may not disclose confidential or privileged 03 information about the minor to a person not authorized to receive it. 04 * Sec. 18. AS 47.15.010 is amended by adding a new article to read: 05 ARTICLE XVII 06 RENDITION 07 (a) This article shall provide additional remedies, and shall be binding only as 08 among and between those party states which specifically execute the same. 09 (b) All provisions and procedures of Articles V and VI of the Interstate 10 Compact on Juveniles shall be construed to apply to any juvenile charged with being 11 a delinquent by reason of a violation of any criminal law. Any juvenile, charged with 12 being a delinquent by reason of violating any criminal law shall be returned to the 13 requesting state upon a requisition to the state where the juvenile may be found. A 14 petition in such a case shall be filed in a court of competent jurisdiction in the 15 requesting state where the violation of criminal law is alleged to have been committed. 16 The petition may be filed regardless of whether the juvenile has left the state before 17 or after filing of the petition. The requisition described in Article V of the compact 18 shall be forwarded by the judge of the court in which the petition has been filed. 19 * Sec. 19. The provisions of secs. 8 and 9 of this Act have the effect of changing 20 Delinquency Rules 3 and 21 by requiring that the general public not be excluded from certain 21 juvenile hearings. 22 * Sec. 20. The provisions of sec. 16 of this Act have the effect of changing Delinquency 23 Rule 27 by making court records for certain juvenile proceedings public documents in 24 specified circumstances. 25 * Sec. 21. SCOPE AND APPLICABILITY OF SECTION 18. The Juvenile Rendition 26 Amendment to the Interstate Compact on Juveniles is hereby enacted into law by sec. 18 of 27 this Act and entered into by this state with all other states legally joining therein in the form 28 substantially as set out in sec. 18 of this Act. Section 18 of this Act applies to offenses 29 committed before, on, or after the effective date of this Act. 30 * Sec. 22. APPLICABILITY OF SECTIONS 1 - 17. Sections 1 - 17 of this Act apply to 31 all offenses committed on or after the effective date of this Act.