CSSB 10(HES): "An Act relating to civil liability for damage to or destruction of property by minors; relating to court revocation of a minor's privilege to drive; relating to restitution for certain acts of minors; and amending Rule 60, Alaska Rules of Civil Procedure."
00 CS FOR SENATE BILL NO. 10(HES) 01 "An Act relating to civil liability for damage to or destruction of property by minors; 02 relating to court revocation of a minor's privilege to drive; relating to restitution for 03 certain acts of minors; and amending Rule 60, Alaska Rules of Civil Procedure." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 04.16.050(c) is amended to read: 06 (c) A person is guilty of repeat minor consuming or in possession or control if 07 the person was placed on probation under (b) of this section or has been previously 08 convicted, and the person violates (a) of this section. Upon conviction in the district 09 court, the court shall 10 (1) impose a fine of $1,000 and require at least 48 hours of community 11 work; 12 (2) revoke the person's driver's license for three months unless 13 AS 28.15.185(b)(2) applies; 14 (3) take possession of the person's driver's license; and
01 (4) suspend up to $500 of the fine and place the person on probation 02 under (e) of this section. 03 * Sec. 2. AS 04.16.050(d) is amended to read: 04 (d) A person is guilty of habitual minor consuming or in possession or control 05 if the person was placed on probation under (c) of this section, or has been previously 06 convicted twice, and the person violates (a) of this section. Habitual minor consuming 07 or in possession or control is a class B misdemeanor. Upon conviction, the court may 08 impose an appropriate period of imprisonment and fine and place the person on 09 probation under (e) of this section and shall 10 (1) impose at least 96 hours of community work; 11 (2) revoke the person's driver's license for six months unless 12 AS 28.15.185(b)(2) applies; 13 (3) within five working days, notify the agency responsible for the 14 administration of motor vehicle laws of the revocation; and 15 (4) take possession of the person's driver's license. 16 * Sec. 3. AS 28.15.185(a) is amended to read: 17 (a) A person is subject to revocation, under (b) of this section, of the person's 18 driver's license or permit, privilege to drive, or privilege to obtain a license if the 19 person 20 (1) is at least 13 years of age but not yet 21 years of age and is 21 convicted of or is adjudicated a delinquent minor by a court for misconduct involving 22 a controlled substance under AS 11.71 or violation of a municipal ordinance with 23 substantially similar elements; or 24 (2) is at least 13 years of age but not yet 18 years of age and is 25 convicted of or is adjudicated a delinquent minor by a court for a misdemeanor, 26 felony, [AN OFFENSE INVOLVING THE ILLEGAL USE OR POSSESSION OF A 27 FIREARM THAT IS PUNISHABLE UNDER AS 11] or violation of a municipal 28 ordinance with elements that are substantially similar to those of a misdemeanor or 29 felony [ELEMENTS]. 30 * Sec. 4. AS 28.15.185(b) is amended to read: 31 (b) The court shall impose the revocation for an offense described in (a) of this
01 section as follows: 02 (1) except as provided in AS 04.16.050(c) and (d), for a first 03 conviction or adjudication when the conviction or adjudication is for a 04 misdemeanor or violation of an ordinance with substantially similar elements, the 05 revocation may be for a period not to exceed 90 days; 06 (2) for a second or subsequent conviction or adjudication when the 07 second or subsequent conviction or adjudication is for a misdemeanor or 08 violation of an ordinance with substantially similar elements, the revocation may 09 be for a period not to exceed one year; 10 (3) for a first conviction or adjudication when the conviction or 11 adjudication is for a felony or violation of an ordinance with substantially similar 12 elements, the revocation may be for a period not to exceed 180 days; 13 (4) for a second or subsequent conviction or adjudication when the 14 second or subsequent conviction or adjudication is for a felony or violation of an 15 ordinance with substantially similar elements, the revocation may be for a period 16 not to exceed two years or until the person reaches 18 years of age, whichever is 17 longer. 18 * Sec. 5. AS 28.15.201(a) is amended to read: 19 (a) A court of competent jurisdiction revoking a person's driver's license, 20 privilege to drive, or privilege to obtain a license under AS 28.15.181(b) or 21 28.15.185(a) may, if the person is at least 16 years of age and for good cause, 22 impose limitations upon the driver's license of a person that will enable the person to 23 earn a livelihood without excessive risk or danger to the public. A limitation may not 24 be placed upon a driver's license until after a review has been made of the person's 25 driving record and other relevant information, and a limitation may not be imposed 26 when a statute specifically prohibits the limitation of a license for a violation of its 27 provisions. 28 * Sec. 6. AS 34.50.020(a) is amended to read: 29 (a) Except as provided under [(d) AND] (e) of this section, a person, 30 including a governmental [MUNICIPAL CORPORATION, ASSOCIATION, 31 VILLAGE, SCHOOL DISTRICT, OR RELIGIOUS OR CHARITABLE]
01 organization, [INCORPORATED OR UNINCORPORATED,] may recover damages 02 in a civil action [IN AN AMOUNT NOT TO EXCEED $15,000] and court costs from 03 either parent or both parents of a child, and from the child, [AN 04 UNEMANCIPATED MINOR UNDER THE AGE OF 18 YEARS] who, as a result of 05 a knowing or intentional act, damages or destroys real or personal property belonging 06 to the person [, MUNICIPAL CORPORATION, ASSOCIATION, VILLAGE, 07 SCHOOL DISTRICT, OR RELIGIOUS OR CHARITABLE ORGANIZATION]. 08 However, for purposes of this subsection, recovery in damages shall be apportioned by 09 the court between the parents without regard to legal custody but with due 10 consideration for the actual care and custody of the minor provided by the parents. 11 The child is not liable, but the parent or parents are liable for that portion of 12 damages that exceed $5,000, adjusted under this subsection. However, the total 13 amount of parental liability for damages under this subsection may not exceed 14 $15,000, adjusted under this subsection. The child is liable for that portion of the 15 total damages that the parent or parents are not liable for. Monetary amounts in 16 this subsection shall be adjusted according to and to the extent of changes in the 17 Consumer Price Index for all urban consumers for the Anchorage metropolitan 18 area compiled by the Bureau of Labor Statistics, United States Department of 19 Labor (the index). The index for January of 2005 is the reference base index. 20 * Sec. 7. AS 34.50.020 is amended by adding new subsections to read: 21 (g) The court may order an individual who is liable for damages under (a) of 22 this section to apply for one or more permanent fund dividends. The court shall set a 23 payment schedule for each individual liable for damages that is fair and takes into 24 account each individual's ability to make payments. The schedule must separately 25 address payments the child may have to make after reaching 18 years of age. 26 (h) A court may modify the payment schedule set under (g) of this section if 27 the court determines that a change in the circumstances of a party to the original action 28 requires the modification. If a party to the original action opposes the modification of 29 the payment schedule and the modification is granted, the court shall enter on the 30 record its reasons for the modification. 31 * Sec. 8. AS 43.23.065(b) is amended to read:
01 (b) An exemption is not available under this section for permanent fund 02 dividends taken to satisfy 03 (1) child support obligations required by court order or decision of the 04 child support services agency under AS 25.27.140 - 25.27.220; 05 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 06 12.55.100, or AS 47.12.120(b)(4) or (5); 07 (3) claims on defaulted education loans under AS 43.23.067; 08 (4) court ordered fines; 09 (5) writs of execution under AS 09.35 of a judgment that is entered 10 (A) against a minor in a civil action to recover damages and 11 court costs; 12 (B) under AS 34.50.020 against an individual for damages 13 resulting from a knowing or intentional act [THE PARENT, PARENTS, 14 OR LEGAL GUARDIAN] of an unemancipated minor; 15 (6) a debt owed by an eligible individual to an agency of the state, 16 including the University of Alaska, unless the debt is contested and an appeal is 17 pending, or the time limit for filing an appeal has not expired; 18 (7) a debt owed to a person for a program for the rehabilitation of 19 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 20 AS 25.20.061(3), or AS 33.16.150(f)(2). 21 * Sec. 9. AS 47.12.060(b) is amended to read: 22 (b) When the department or the entity selected by it decides to make an 23 informal adjustment of a matter under (a)(2) of this section, that informal adjustment 24 (1) must be made with the agreement or consent of the minor and the 25 minor's parents or guardian to the terms and conditions of the adjustment; 26 (2) must give the minor's foster parent an opportunity to be heard 27 before the informal adjustment is made; 28 (3) for a crime against a person, must include notice that informal 29 action to adjust a matter is not successfully completed unless, among other factors that 30 the department or the entity selected by it considers, as to the victim of the act of the 31 minor that is the basis of the delinquency allegation, the minor pays restitution in the
01 amount set by the department or the entity selected by it or agrees as a term or 02 condition set by the department or the entity selected by it to pay the restitution; 03 (4) for a violation of habitual minor consuming or in possession or 04 control under AS 04.16.050(d), must include an agreement that the minor perform 96 05 hours of community work, provide that the minor's driver's license or permit, privilege 06 to drive, or privilege to obtain a license be revoked for six months unless 07 AS 28.15.185(b)(2) applies, and provide that the driver's license or permit, privilege 08 to drive, or privilege to obtain a license be revoked for an additional six months if the 09 informal adjustment is not successful because the minor has failed to perform 10 community work as ordered, or has failed to submit to evaluation or successfully 11 complete the education or treatment recommended; the department or an entity 12 selected by the department shall notify the agency responsible for issuing driver's 13 licenses of an informal adjustment under this paragraph or of an unsuccessful 14 adjustment described in this paragraph; 15 (5) of an offense described in AS 28.15.185(a) [AS 28.15.185(a)(1)] 16 must include an agreement that the minor's driver's license or permit, privilege to 17 drive, or privilege to obtain a license be revoked as provided in AS 28.15.185(b); the 18 department or an entity selected by the department shall notify the agency responsible 19 for issuing driver's licenses of an informal adjustment under this paragraph; 20 (6) for a matter not subject to (3) of this subsection, must provide 21 notice that informal action to adjust the matter is not successfully completed 22 unless, among other factors that the department or entity selected by it considers, 23 restitution is paid as required under (c) - (g) of this section. 24 * Sec. 10. AS 47.12.060 is amended by adding new subsections to read: 25 (c) An informal action subject to (b)(6) of this section must include restitution 26 for damages resulting from the act of the minor that is the basis of the delinquency 27 allegation, including restitution to the victim and to any person who is or will be 28 providing counseling, medical care, or shelter to the victim, unless the restitution is 29 expressly waived by the person entitled to receive it. When supported with credible 30 evidence, unless expressly waived, the restitution shall include compensation to a 31 nonprofit organization for the value of labor or goods provided by volunteers of the
01 organization if the labor or goods were necessary to alleviate or mitigate the effects of 02 the minor's act. In determining the amount of restitution, the department may not 03 consider the ability to pay of the minor or a parent of the minor. In determining the 04 amount and method of payment of restitution or compensation, the department shall 05 take into account the 06 (1) public policy that favors requiring compensation for damages and 07 injury that results from criminal acts; 08 (2) financial burden placed on the victim and those who provide 09 services to the victim and other persons injured by the criminal conduct of the minor; 10 (3) amount and type of restitution that has already been made for the 11 act that is the basis of the delinquency allegation. 12 (d) In an informal action subject to (b)(6) of this section, if the minor was in 13 the legal custody of the minor's parent or parents when the act of the minor that is the 14 basis of the delinquency allegation was committed, the minor is not responsible, but 15 the minor's parent or parents are responsible, for that portion of the restitution that 16 exceeds $5,000, as adjusted under this subsection. However, the total amount of 17 parental responsibility for restitution under this subsection may not exceed $15,000, as 18 adjusted under this subsection. The minor is responsible for that portion of the total 19 restitution that the parent or parents are not responsible for under this subsection. 20 Monetary amounts in this subsection shall be adjusted according to and to the extent 21 of changes in the Consumer Price Index for all urban consumers for the Anchorage 22 metropolitan area compiled by the Bureau of Labor Statistics, United States 23 Department of Labor (the index). The index for January of 2005 is the reference base 24 index. 25 (e) In an informal action subject to (b)(6) of this section, the department shall 26 set a payment schedule for each individual responsible for restitution that is fair and 27 takes into account each individual's ability to make payments. The schedule must 28 separately address payments the minor may have to make after reaching 18 years of 29 age. The department may modify the payment schedule if it determines that a change 30 in the circumstances of an individual responsible for the restitution requires the 31 modification. The department may require an individual who is responsible for
01 restitution to agree to apply for one or more permanent fund dividends. 02 (f) In an informal action subject to (b)(6) of this section, a parent is not 03 responsible for restitution required as a result of the acts of a runaway or missing 04 minor that are committed after a parent of the minor has made a report to a law 05 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or 06 is missing. In this subsection, "runaway or missing minor" means a minor who a 07 parent reasonably believes is absent from the minor's residence for the purpose of 08 evading a parent or who is otherwise missing from the minor's usual place of abode 09 without the consent of a parent. 10 (g) In an informal action subject to (b)(6) of this section, the recovery of 11 restitution payments is not authorized from 12 (1) a legal guardian other than a parent; 13 (2) a person, other than the minor's parent, with temporary or 14 permanent legal custody of the minor when the minor committed the act that is the 15 basis of the delinquency allegation; or 16 (3) an adoptive parent of the minor as a hard-to-place child if, at the 17 time the minor committed the act that is the basis of the delinquency allegation, the 18 adoptive parent was receiving financial assistance from the state as a result of the 19 adoption; in this paragraph, "hard-to-place child" has the meaning given in 20 AS 25.23.240. 21 * Sec. 11. AS 47.12.120(b) is amended to read: 22 (b) If the minor is not subject to (j) of this section and the court finds that the 23 minor is delinquent, it shall 24 (1) order the minor committed to the department for a period of time 25 not to exceed two years or in any event extend past the day the minor becomes 19 26 years of age, except that the department may petition for and the court may grant in a 27 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 28 19th birthday if the extension is in the best interests of the minor and the public; and 29 (B) an additional one-year period of supervision past age 19 if continued supervision 30 is in the best interests of the person and the person consents to it; the department shall 31 place the minor in the juvenile facility that the department considers appropriate and
01 that may include a juvenile correctional school, juvenile work camp, treatment facility, 02 detention home, or detention facility; the minor may be released from placement or 03 detention and placed on probation on order of the court and may also be released by 04 the department, in its discretion, under AS 47.12.260; 05 (2) order the minor placed on probation, to be supervised by the 06 department, and released to the minor's parents, guardian, or a suitable person; if the 07 court orders the minor placed on probation, it may specify the terms and conditions of 08 probation; the probation may be for a period of time not to exceed two years and in no 09 event to extend past the day the minor becomes 19 years of age, except that the 10 department may petition for and the court may grant in a hearing 11 (A) two-year extensions of supervision that do not extend 12 beyond the minor's 19th birthday if the extension is in the best interests of the 13 minor and the public; and 14 (B) an additional one-year period of supervision past age 19 if 15 the continued supervision is in the best interests of the person and the person 16 consents to it; 17 (3) order the minor committed to the custody of the department and 18 placed on probation, to be supervised by the department and released to the minor's 19 parents, guardian, other suitable person, or suitable nondetention setting such as with a 20 relative or in a foster home or residential child care facility, whichever the department 21 considers appropriate to implement the treatment plan of the predisposition report; if 22 the court orders the minor placed on probation, it may specify the terms and conditions 23 of probation; the department may transfer the minor, in the minor's best interests, from 24 one of the probationary placement settings listed in this paragraph to another, and the 25 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 26 attorney are entitled to reasonable notice of the transfer; the probation may be for a 27 period of time not to exceed two years and in no event to extend past the day the 28 minor becomes 19 years of age, except that the department may petition for and the 29 court may grant in a hearing 30 (A) two-year extensions of commitment that do not extend 31 beyond the minor'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 (4) for a crime against a person, order the minor and the minor's 06 parent to make suitable restitution in lieu of or in addition to the court's order under 07 (1), (2), or (3) of this subsection; under this paragraph, 08 (A) except as provided in (B) of this paragraph, the court may 09 not refuse to make an order of restitution to benefit the victim of the act of the 10 minor that is the basis of the delinquency adjudication; under this 11 subparagraph, the court may require the minor to use the services of a 12 community dispute resolution center that has been recognized by the 13 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 14 and the victim of the minor's offense as to the amount of or manner of payment 15 of the restitution; 16 (B) the court may not order payment of restitution by the parent 17 of a minor who is a runaway or missing minor for an act of the minor that was 18 committed by the minor after the parent has made a report to a law 19 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 20 away or is missing; for purposes of this subparagraph, "runaway or missing 21 minor" means a minor who a parent reasonably believes is absent from the 22 minor's residence for the purpose of evading the parent or who is otherwise 23 missing from the minor's usual place of abode without the consent of the 24 parent; and 25 (C) at the request of the department, the Department of Law, 26 the victims' advocate, or on its own motion, the court shall, at any time, order 27 the minor and the minor's parent, if applicable, to submit financial information 28 on a form approved by the Alaska Court System to the court, the department, 29 and the Department of Law for the purpose of establishing the amount of 30 restitution or enforcing an order of restitution under AS 47.12.170; the form 31 must include a warning that submission of incomplete or inaccurate
01 information is punishable as unsworn falsification under AS 11.56.210; 02 (5) for a matter not covered in (4) of this subsection, order the 03 minor and the minor's parent to make suitable restitution as provided in (l) - (n) 04 of this section in lieu of or in addition to the court's order under (1), (2), or (3) of 05 this subsection; under this paragraph, 06 (A) except as provided in (B) of this paragraph, the court 07 may not refuse to make an order of restitution to benefit the victim of the 08 act of the minor that is the basis of the delinquency adjudication; under 09 this subparagraph, the court may require the minor to use the services of 10 a community dispute resolution center that has been recognized by the 11 commissioner under AS 47.12.450(b) to resolve any dispute between the 12 minor and the victim of the minor's offense as to the amount of or manner 13 of payment of the restitution; 14 (B) the court may not order payment of restitution by 15 (i) the parent of a minor who is a runaway or 16 missing minor for an act of the minor that was committed by the 17 minor after the parent has made a report to a law enforcement 18 agency, as authorized by AS 47.10.141(a), that the minor has run 19 away or is missing; for purposes of this subparagraph, "runaway 20 or missing minor" means a minor who a parent reasonably believes 21 is absent from the minor's residence for the purpose of evading the 22 parent or who is otherwise missing from the minor's usual place of 23 abode without the consent of the parent; 24 (ii) a legal guardian other than a parent; 25 (iii) a person, other than the minor's parent, with 26 temporary or permanent legal custody of the minor when the 27 minor committed the offense; or 28 (iv) an adoptive parent of the minor as a hard-to- 29 place child if, at the time the minor committed the offense, the 30 adoptive parent was receiving financial assistance from the state as 31 a result of the adoption; in this paragraph, "hard-to-place child"
01 has the meaning given in AS 25.23.240; and 02 (C) at the request of the department, the Department of 03 Law, the victims' advocate, or on its own motion, the court shall, at any 04 time, order the minor and the minor's parent, if applicable, to submit 05 financial information on a form approved by the Alaska Court System to 06 the court, the department, and the Department of Law for the purpose of 07 establishing the amount of restitution or enforcing an order of restitution 08 under AS 47.12.170; the form must include a warning that submission of 09 incomplete or inaccurate information is punishable as unsworn 10 falsification under AS 11.56.210; 11 (6) order the minor committed to the department for placement in an 12 adventure-based education program established under AS 47.21.020 with conditions 13 the court considers appropriate concerning release upon satisfactory completion of the 14 program or commitment under (1) of this subsection if the program is not satisfactorily 15 completed; 16 (7) [(6)] in addition to an order under (1) - (6) [(1) - (5)] of this 17 subsection, order the minor to perform community service; for purposes of this 18 paragraph, "community service" includes work 19 (A) on a project identified in AS 33.30.901; or 20 (B) that, on the recommendation of the city council or 21 traditional village council, would benefit persons within the city or village who 22 are elderly or disabled; or 23 (8) [(7)] in addition to an order under (1) - (7) [(1) - (6)] of this 24 subsection, order the minor's parent or guardian to comply with orders made under 25 AS 47.12.155, including participation in treatment under AS 47.12.155(b)(1). 26 * Sec. 12. AS 47.12.120(k) is amended to read: 27 (k) A court that adjudicates a delinquent minor for repeat minor consuming or 28 in possession or control under AS 04.16.050(c) or for habitual minor consuming or in 29 possession or control under AS 04.16.050(d) shall revoke the minor's driver's license 30 or permit, privilege to drive, or privilege to obtain a license as provided in 31 AS 04.16.050(c) or (d). A court that adjudicates a delinquent minor for another [AN]
01 offense [INVOLVING A CONTROLLED SUBSTANCE UNDER AS 11.71 OR 02 INVOLVING A FIREARM UNDER AS 11] shall revoke the minor's driver's license 03 or permit, privilege to drive, or privilege to obtain a license as provided in 04 AS 28.15.185. 05 * Sec. 13. AS 47.12.120 is amended by adding new subsections to read: 06 (l) Other than for a crime against a person, a court that adjudicates a 07 delinquent minor must include restitution for damages resulting from the offense, 08 including restitution to the victim and to any person who is or will be providing 09 counseling, medical care, or shelter to the victim, unless the restitution is expressly 10 waived by the person entitled to receive it. When supported with credible evidence, 11 unless expressly waived, the restitution shall include compensation to a nonprofit 12 organization for the value of labor or goods provided by volunteers of the organization 13 if the labor or goods were necessary to alleviate or mitigate the effects of the minor's 14 offense. In determining the amount of restitution, the court shall take into account the 15 (1) public policy that favors requiring compensation for damages and 16 injury that results from criminal acts; and 17 (2) financial burden placed on the victim and those who provide 18 services to the victim and other persons injured by the criminal conduct of the minor; 19 (3) amount and type of restitution that has already been made for the 20 offense. 21 (m) If the minor was in the legal custody of the minor's parent or parents when 22 the offense was committed by the minor, the minor is not responsible, but the minor's 23 parent or parents are responsible, for that portion of the restitution ordered under (l) of 24 this section that exceeds $5,000, as adjusted under this subsection. However, the total 25 amount of parental responsibility for restitution under this subsection may not exceed 26 $15,000, as adjusted under this subsection. The minor is responsible for that portion 27 of the total restitution that the parent or parents are not responsible for under this 28 subsection. Monetary amounts in this subsection shall be adjusted according to and to 29 the extent of changes in the Consumer Price Index for all urban consumers for the 30 Anchorage metropolitan area compiled by the Bureau of Labor Statistics, United 31 States Department of Labor (the index). The index for January of 2005 is the
01 reference base index. 02 (n) The court shall set a payment schedule for each individual responsible for 03 restitution under (l) and (m) of this section that is fair and takes into account each 04 individual's ability to make payments. The schedule must separately address 05 payments the minor may have to make after reaching 18 years of age. The court may 06 modify the payment schedule if it determines that a change in the circumstances of an 07 individual responsible for the restitution requires the modification. The court may 08 require an individual who is responsible for restitution to agree to apply for one or 09 more permanent fund dividends. 10 * Sec. 14. AS 47.12.140 is amended to read: 11 Sec. 47.12.140. Court dispositional order. In making its dispositional order 12 under AS 47.12.120(b)(1) - (3) and (6) [(5)] and (j), the court shall 13 (1) consider both the best interests of the minor and the interests of the 14 public, and, in doing so, the court shall take into account 15 (A) the seriousness of the minor's delinquent act and the 16 attitude of the minor and the minor's parents toward that act; 17 (B) the minor's culpability as indicated by the circumstances of 18 the particular case; 19 (C) the age of the minor; 20 (D) the minor's prior criminal or juvenile record and the 21 success or failure of any previous orders, dispositions, or placements imposed 22 on the minor; 23 (E) the effect of the dispositional order to be imposed in 24 deterring the minor from committing other delinquent acts; 25 (F) the need to commit the minor to the department's custody or 26 to detain the minor in an institution or other suitable place in order to prevent 27 further harm to the public; 28 (G) the interest of the public in securing the minor's 29 rehabilitation; and 30 (H) the ability of the state to take custody of and to care for the 31 minor; and
01 (2) order the least restrictive alternative disposition for the minor; for 02 purposes of this paragraph, the "least restrictive alternative disposition" means that 03 disposition that is no more restrictive than is, in the judgment of the court, most 04 conducive to the minor's rehabilitation taking into consideration the interests of the 05 public. 06 07 * Sec. 15. AS 47.12.300(e) is amended to read: 08 (e) 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 foster parent is 11 considered to have a legitimate interest in those portions of the court's official records 12 relating to a child who is already placed with the foster parent or who is recommended 13 for placement with the foster parent. A person with a legitimate interest in the 14 inspection of a confidential record maintained by the court also includes a victim who 15 suffered physical injury or whose real or personal property was damaged as a result of 16 an offense that was the basis of an adjudication or modification of disposition. If the 17 victim knows the identity of the minor, identifies the minor or the offense to the court, 18 and certifies that the information is being sought to consider or support a civil action 19 against the minor or against the minor and the minor's parents [OR GUARDIAN] 20 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 21 victim to inspect and use the following records and information in connection with the 22 civil action: 23 (1) a petition filed under AS 47.12.040(a) seeking to have the court 24 declare the minor a delinquent; 25 (2) a petition filed under AS 47.12.120 seeking to have the court 26 modify or revoke the minor's probation; 27 (3) a petition filed under AS 47.12.100 requesting the court to find that 28 a minor is not amenable to treatment under this chapter and that results in closure of a 29 case under AS 47.12.100(a); and 30 (4) a court judgment or order entered under this chapter that disposes 31 of a petition identified in (1) - (3) of this subsection.
01 * Sec. 16. AS 47.12.315(e) is amended to read: 02 (e) The department or an agency may not release information about a minor 03 under this section if the offense allegedly committed by the minor on which the 04 information is based occurred before January 1, 1998. The authority to release 05 information under this section is limited to five years from the date the department or 06 other agency is first required or authorized to make the disclosure. However, the 07 limitation of this section does not apply if the department or other agency determines 08 that, during the five-year period, the minor 09 (1) has knowingly failed to make all restitution payments required of 10 the minor by AS 47.12.060(b) or 47.12.120(b)(4) or (5); or 11 (2) has committed a crime punishable as a felony. 12 * Sec. 17. AS 47.12.450(b) is amended to read: 13 (b) The commissioner may recognize an entity organized for the purpose of 14 providing community mediation services as a community dispute resolution center to 15 serve as a center to resolve disputes between minors and victims. Before extending 16 recognition under this subsection, the commissioner shall determine that the bylaws of 17 the entity set out standards and procedures 18 (1) for filing requests for dispute resolution services with the center 19 and for scheduling mediation sessions participated in by the parties to the dispute; 20 (2) to ensure that each dispute mediated meets the criteria for 21 appropriateness for mediation and for rejecting disputes that do not meet the criteria; 22 (3) for giving notice of time, place, and nature of the mediation session 23 to the parties, and for conducting mediation sessions that comply with the provisions 24 of this section; 25 (4) to ensure that participation by all parties is voluntary; 26 (5) for obtaining referrals from public and private bodies; 27 (6) for providing mediators who, during the dispute resolution process, 28 may not make decisions or determinations of the issues involved, but who shall 29 facilitate negotiations by the participants themselves to achieve a voluntary resolution 30 of the issues; 31 (7) for communicating to the agency making a referral under
01 AS 47.12.040(a)(1)(A) or the court making a referral under AS 47.12.120(b)(4)(A) or 02 (5)(A), as appropriate, the following: 03 (A) notice that the minor and victim have been unable to enter 04 into a written agreement under (d)(2) of this section or that the minor or victim 05 has withdrawn from mediation as authorized by (f) of this section; 06 (B) notice that the minor and victim have entered into a written 07 agreement under (d)(2) of this section; the center shall transmit a copy of the 08 agreement to the agency or the court, as appropriate; 09 (C) notice that the minor has failed to perform fully the minor's 10 obligations under the written agreement under (d)(2) of this section; 11 (D) notice that the minor has successfully completed all that is 12 required of the minor under the provisions of the written agreement under 13 (d)(2) of this section; and 14 (8) for informing and educating the community about the community 15 dispute resolution center and encouraging the use of the center's services in 16 appropriate cases. 17 * Sec. 18. AS 34.50.020(d) is repealed. 18 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 INDIRECT COURT RULE AMENDMENT. AS 35.50.020(h), as added by sec. 7 of 21 this Act, amends Rule 60, Alaska Rules of Civil Procedure, relating to modifications of 22 payment schedules set in actions involving liability for the knowing or intentional acts of 23 unemancipated minors.