CSSB 10(JUD): "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(JUD) 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(d) is amended to read: 06 (d) A person is guilty of habitual minor consuming or in possession or control 07 if the person was placed on probation under (c) of this section, or has been previously 08 convicted twice, and the person violates (a) of this section. Habitual minor consuming 09 or in possession or control is a class B misdemeanor. Upon conviction, the court may 10 impose an appropriate period of imprisonment and fine and place the person on 11 probation under (e) of this section and shall 12 (1) impose at least 96 hours of community work; 13 (2) revoke the person's driver's license for a period of not less than 14 six months but not to exceed one year;
01 (3) within five working days, notify the agency responsible for the 02 administration of motor vehicle laws of the revocation; and 03 (4) take possession of the person's driver's license. 04 * Sec. 2. AS 28.15.185(a) is amended to read: 05 (a) A person is subject to revocation, under (b) of this section, of the person's 06 driver's license or permit, privilege to drive, or privilege to obtain a license if the 07 person 08 (1) is at least 13 years of age but not yet 21 years of age and is 09 convicted of or is adjudicated a delinquent minor by a court for misconduct involving 10 a controlled substance under AS 11.71 or violation of a municipal ordinance with 11 substantially similar elements; or 12 (2) is at least 13 years of age but not yet 18 years of age and is 13 convicted of or is adjudicated a delinquent minor by a court for a misdemeanor, 14 felony, [AN OFFENSE INVOLVING THE ILLEGAL USE OR POSSESSION OF A 15 FIREARM THAT IS PUNISHABLE UNDER AS 11] or violation of a municipal 16 ordinance with elements that are substantially similar to those of a misdemeanor or 17 felony [ELEMENTS]. 18 * Sec. 3. AS 28.15.185(b) is amended to read: 19 (b) The court shall impose the revocation for an offense described in (a) of this 20 section as follows: 21 (1) except as provided in AS 04.16.050(d), for a first conviction or 22 adjudication when the conviction or adjudication is for a misdemeanor or 23 violation of an ordinance with substantially similar elements, the revocation may 24 be for a period not to exceed 90 days; 25 (2) for a second or subsequent conviction or adjudication when the 26 second or subsequent conviction or adjudication is for a misdemeanor or 27 violation of an ordinance with substantially similar elements, the revocation may 28 be for a period not to exceed one year; 29 (3) for a first conviction or adjudication when the conviction or 30 adjudication is for a felony or violation of an ordinance with substantially similar 31 elements, the revocation may be for a period not to exceed 180 days;
01 (4) for a second or subsequent conviction or adjudication when the 02 second or subsequent conviction or adjudication is for a felony or violation of an 03 ordinance with substantially similar elements, the revocation may be for a period 04 not to exceed two years or until the person reaches 18 years of age, whichever is 05 longer. 06 * Sec. 4. AS 28.15.201(a) is amended to read: 07 (a) A court of competent jurisdiction revoking a person's driver's license, 08 privilege to drive, or privilege to obtain a license under AS 28.15.181(b) or 09 28.15.185(a) may, if the person is at least 16 years of age and for good cause, 10 impose limitations upon the driver's license of a person that will enable the person to 11 earn a livelihood without excessive risk or danger to the public. The court may also 12 impose limitations on the driver's license of a person who is under 18 years of age 13 that will enable the person to satisfy conditions of probation without excessive 14 risk or danger to the public. A limitation may not be placed upon a driver's license 15 until after a review has been made of the person's driving record and other relevant 16 information, and a limitation may not be imposed when a statute specifically prohibits 17 the limitation of a license for a violation of its provisions. 18 * Sec. 5. AS 34.50.020(a) is amended to read: 19 (a) Except as provided under [(d) AND] (e) of this section, a person, 20 including a governmental [MUNICIPAL CORPORATION, ASSOCIATION, 21 VILLAGE, SCHOOL DISTRICT, OR RELIGIOUS OR CHARITABLE] 22 organization, [INCORPORATED OR UNINCORPORATED,] may recover damages 23 in a civil action [IN AN AMOUNT NOT TO EXCEED $15,000] and court costs from 24 [EITHER PARENT OR BOTH PARENTS OF] an unemancipated minor [UNDER 25 THE AGE OF 18 YEARS] who, as a result of a knowing or intentional act, damages 26 or destroys real or personal property belonging to the person. If the minor has a 27 parent, damages and court costs may also be recovered from either parent or 28 both parents [, MUNICIPAL CORPORATION, ASSOCIATION, VILLAGE, 29 SCHOOL DISTRICT, OR RELIGIOUS OR CHARITABLE ORGANIZATION]. 30 However, for purposes of this subsection, recovery of that portion of [IN] damages 31 for which parents are liable shall be apportioned by the court between the parents
01 without regard to legal custody but with due consideration for the actual care and 02 custody of the minor provided by the parents. The parent or parents are liable for 03 that portion of damages that exceed $5,000, adjusted under this subsection. 04 However, the total amount of parental liability for damages under this subsection 05 may not exceed $15,000, adjusted under this subsection. The minor is liable for 06 that portion of the total damages for which the parent or parents are not liable. If 07 the unemancipated minor does not have a parent, the minor is not liable for that 08 portion of damages that exceeds $5,000, adjusted under this subsection. However, 09 the total amount of damages for which the minor is not liable may not exceed 10 $15,000, adjusted under this subsection. Monetary amounts in this subsection 11 shall be adjusted according to and to the extent of changes in the Consumer Price 12 Index for all urban consumers for the Anchorage metropolitan area compiled by 13 the Bureau of Labor Statistics, United States Department of Labor (the index). 14 The index for January of 2006 is the reference base index. 15 * Sec. 6. AS 34.50.020(b) is repealed and reenacted to read: 16 (b) The state is liable, to the same extent a parent is liable under (a) of this 17 section, for an act of an unemancipated minor committed while in the legal custody of 18 the state, except that the state is not liable if the act is committed while the minor has 19 run away from state custody, is missing from state custody, or has been placed by the 20 state into the physical custody of a parent of the minor. If the minor has been placed 21 by the state into the physical custody of a parent, the parent is liable under (a) of this 22 section for an act committed during that placement. To the extent that the state is 23 liable under this subsection, a parent is not liable under (a) of this section. 24 * Sec. 7. AS 34.50.020 is amended by adding new subsections to read: 25 (g) The court may order an individual who is liable for damages under (a) of 26 this section to apply for one or more permanent fund dividends. The court shall set a 27 payment schedule for each individual liable for damages that is fair and takes into 28 account each individual's ability to make payments. The schedule must separately 29 address payments the minor may have to make after reaching 18 years of age. 30 (h) A court may modify the payment schedule set under (g) of this section if 31 the court determines that a change in the circumstances of a party to the original action
01 requires the modification. If a party to the original action opposes the modification of 02 the payment schedule and the modification is granted, the court shall enter on the 03 record its reasons for the modification. 04 * Sec. 8. AS 43.23.065(b) is amended to read: 05 (b) An exemption is not available under this section for permanent fund 06 dividends taken to satisfy 07 (1) child support obligations required by court order or decision of the 08 child support services agency under AS 25.27.140 - 25.27.220; 09 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 10 12.55.100, or AS 47.12.120(b)(4) or (5); 11 (3) claims on defaulted education loans under AS 43.23.067; 12 (4) court ordered fines; 13 (5) writs of execution under AS 09.35 of a judgment that is entered 14 (A) against a minor in a civil action to recover damages and 15 court costs; 16 (B) under AS 34.50.020 against an individual for damages 17 resulting from a knowing or intentional act [THE PARENT, PARENTS, 18 OR LEGAL GUARDIAN] of an unemancipated minor; 19 (6) a debt owed by an eligible individual to an agency of the state, 20 including the University of Alaska, unless the debt is contested and an appeal is 21 pending, or the time limit for filing an appeal has not expired; 22 (7) a debt owed to a person for a program for the rehabilitation of 23 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 24 AS 25.20.061(3), or AS 33.16.150(f)(2). 25 * Sec. 9. AS 47.12.060(b) is amended to read: 26 (b) When the department or the entity selected by it decides to make an 27 informal adjustment of a matter under (a)(2) of this section, that informal adjustment 28 (1) must be made with the agreement or consent of the minor and the 29 minor's parents or guardian to the terms and conditions of the adjustment; 30 (2) must give the minor's foster parent an opportunity to be heard 31 before the informal adjustment is made;
01 (3) for a crime against a person, must include notice that informal 02 action to adjust a matter is not successfully completed unless, among other factors that 03 the department or the entity selected by it considers, as to the victim of the act of the 04 minor that is the basis of the delinquency allegation, the minor pays restitution in the 05 amount set by the department or the entity selected by it or agrees as a term or 06 condition set by the department or the entity selected by it to pay the restitution; 07 (4) for a violation of habitual minor consuming or in possession or 08 control under AS 04.16.050(d), must include an agreement that the minor perform 96 09 hours of community work, provide that the minor's driver's license or permit, privilege 10 to drive, or privilege to obtain a license be revoked for six months unless 11 AS 28.15.185(b)(2) applies, and provide that the driver's license or permit, privilege 12 to drive, or privilege to obtain a license be revoked for an additional six months if the 13 informal adjustment is not successful because the minor has failed to perform 14 community work as ordered, or has failed to submit to evaluation or successfully 15 complete the education or treatment recommended; the department or an entity 16 selected by the department shall notify the agency responsible for issuing driver's 17 licenses of an informal adjustment under this paragraph or of an unsuccessful 18 adjustment described in this paragraph; 19 (5) of an offense described in AS 28.15.185(a) [AS 28.15.185(a)(1)] 20 must include an agreement that the minor's driver's license or permit, privilege to 21 drive, or privilege to obtain a license be revoked as provided in AS 28.15.185(b); the 22 department or an entity selected by the department shall notify the agency responsible 23 for issuing driver's licenses of an informal adjustment under this paragraph; 24 (6) for a matter not subject to (3) of this subsection, must provide 25 notice that informal action to adjust the matter is not successfully completed 26 unless, among other factors that the department or entity selected by it considers, 27 restitution is paid as required under (c) - (g) of this section. 28 * Sec. 10. AS 47.12.060 is amended by adding new subsections to read: 29 (c) An informal action subject to (b)(6) of this section must include restitution 30 for damages resulting from the act of the minor that is the basis of the delinquency 31 allegation, including restitution to the victim unless the restitution is expressly waived
01 by the victim. In determining the amount of restitution, the department or the entity 02 selected by it may not consider the ability to pay of the minor or a parent of the minor. 03 In determining the amount and method of payment of restitution, the department or the 04 entity selected by it shall take into account the 05 (1) public policy that favors requiring compensation for damages and 06 injury that results from criminal acts; 07 (2) financial burden placed on the victim and those who provide 08 services to the victim and other persons injured by the criminal conduct of the minor; 09 (3) amount and type of restitution that has already been made for the 10 act that is the basis of the delinquency allegation. 11 (d) In an informal action subject to (b)(6) of this section, if the minor was in 12 the legal custody of the minor's parent or parents when the act of the minor that is the 13 basis of the delinquency allegation was committed, the minor's parent or parents are 14 responsible for that portion of the restitution that exceeds $5,000, as adjusted under 15 this subsection. However, the total amount of parental responsibility for restitution 16 under this subsection may not exceed $15,000, as adjusted under this subsection. If the 17 minor has two parents, that portion of the amount for which the parents are liable shall 18 be apportioned between the parents without regard to legal custody but with due 19 consideration for the actual care and custody of the minor provided by each parent. 20 The minor is responsible for that portion of the total restitution for which the parent or 21 parents are not responsible under this subsection. If the minor does not have a parent, 22 the minor is not responsible for that portion of restitution that exceeds $5,000, adjusted 23 under this subsection. However, the total amount of restitution for which the minor is 24 not responsible may not exceed $15,000, adjusted under this subsection. Monetary 25 amounts in this subsection shall be adjusted according to and to the extent of changes 26 in the Consumer Price Index for all urban consumers for the Anchorage metropolitan 27 area compiled by the Bureau of Labor Statistics, United States Department of Labor 28 (the index). The index for January of 2006 is the reference base index. The state is 29 responsible for restitution, to the same extent a parent with legal custody is responsible 30 for restitution under this subsection, for an act of a minor committed while in the legal 31 custody of the state, except that the state is not responsible if the act is committed
01 while the minor has run away from state custody, is missing from state custody, or has 02 been placed by the state into the physical custody of a parent of the minor. If the minor 03 has been placed by the state into the physical custody of a parent, the parent is 04 responsible for restitution for an act committed during that placement to the same 05 extent as a parent with legal custody. 06 (e) In an informal action subject to (b)(6) of this section, the department or the 07 entity selected by it shall set a payment schedule for each individual responsible for 08 restitution that is fair and takes into account each individual's ability to make 09 payments. The schedule must provide for payments adequate to fulfill the total 10 restitution amount before the minor reaches 18 years of age. The department or the 11 entity selected by it may modify the payment schedule if it determines that a change in 12 the circumstances of an individual responsible for the restitution requires the 13 modification. The department or the entity selected by it may require an individual 14 who is responsible for restitution to agree to apply for one or more permanent fund 15 dividends. 16 (f) In an informal action subject to (b)(6) of this section, a parent is not 17 responsible for restitution required as a result of the acts of a runaway or missing 18 minor that are committed after a parent of the minor has made a report to a law 19 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or 20 is missing. In this subsection, "runaway or missing minor" means a minor who a 21 parent reasonably believes is absent from the minor's residence for the purpose of 22 evading a parent or who is otherwise missing from the minor's usual place of abode 23 without the consent of a parent. 24 (g) In an informal action subject to (b)(6) of this section, the recovery of 25 restitution payments is not authorized 26 (1) from a legal guardian other than a parent; 27 (2) except as provided in (d) of this section, from a person, other than 28 the minor's parent, with temporary or permanent legal custody of the minor when the 29 minor committed the act that is the basis of the delinquency allegation; or 30 (3) from an adoptive parent of the minor as a hard-to-place child if, at 31 the time the minor committed the act that is the basis of the delinquency allegation, the
01 adoptive parent was receiving financial assistance from the state as a result of the 02 adoption; in this paragraph, "hard-to-place child" has the meaning given in 03 AS 25.23.240. 04 * Sec. 11. AS 47.12.120(b) is amended to read: 05 (b) If the minor is not subject to (j) of this section and the court finds that the 06 minor is delinquent, it shall 07 (1) order the minor committed to the department for a period of time 08 not to exceed two years or in any event extend past the day the minor becomes 19 09 years of age, except that the department may petition for and the court may grant in a 10 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 11 19th birthday if the extension is in the best interests of the minor and the public; and 12 (B) an additional one-year period of supervision past age 19 if continued supervision 13 is in the best interests of the person and the person consents to it; the department shall 14 place the minor in the juvenile facility that the department considers appropriate and 15 that may include a juvenile correctional school, juvenile work camp, treatment facility, 16 detention home, or detention facility; the minor may be released from placement or 17 detention and placed on probation on order of the court and may also be released by 18 the department, in its discretion, under AS 47.12.260; 19 (2) order the minor placed on probation, to be supervised by the 20 department, and released to the minor's parents, guardian, or a suitable person; if the 21 court orders the minor placed on probation, it may specify the terms and conditions of 22 probation; the probation may be for a period of time not to exceed two years and in no 23 event to extend past the day the minor becomes 19 years of age, except that the 24 department may petition for and the court may grant in a hearing 25 (A) two-year extensions of supervision that do not extend 26 beyond the minor's 19th birthday if the extension is in the best interests of the 27 minor and the public; and 28 (B) an additional one-year period of supervision past age 19 if 29 the continued supervision is in the best interests of the person and the person 30 consents to it; 31 (3) order the minor committed to the custody of the department and
01 placed on probation, to be supervised by the department and released to the minor's 02 parents, guardian, other suitable person, or suitable nondetention setting such as with a 03 relative or in a foster home or residential child care facility, whichever the department 04 considers appropriate to implement the treatment plan of the predisposition report; if 05 the court orders the minor placed on probation, it may specify the terms and conditions 06 of probation; the department may transfer the minor, in the minor's best interests, from 07 one of the probationary placement settings listed in this paragraph to another, and the 08 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 09 attorney are entitled to reasonable notice of the transfer; the probation may be for a 10 period of time not to exceed two years and in no event to extend past the day the 11 minor becomes 19 years of age, except that the department may petition for and the 12 court may grant in a hearing 13 (A) two-year extensions of commitment that do not extend 14 beyond the minor's 19th birthday if the extension is in the best interests of the 15 minor and the public; and 16 (B) an additional one-year period of supervision past age 19 if 17 the continued supervision is in the best interests of the person and the person 18 consents to it; 19 (4) for a crime against a person, order the minor and the minor's 20 parent to make suitable restitution in lieu of or in addition to the court's order under 21 (1), (2), or (3) of this subsection; under this paragraph, 22 (A) except as provided in (B) of this paragraph, the court may 23 not refuse to make an order of restitution to benefit the victim of the act of the 24 minor that is the basis of the delinquency adjudication; under this 25 subparagraph, the court may require the minor to use the services of a 26 community dispute resolution center that has been recognized by the 27 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 28 and the victim of the minor's offense as to the amount of or manner of payment 29 of the restitution; 30 (B) the court may not order payment of restitution by the parent 31 of a minor who is a runaway or missing minor for an act of the minor that was
01 committed by the minor after the parent has made a report to a law 02 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 03 away or is missing; for purposes of this subparagraph, "runaway or missing 04 minor" means a minor who a parent reasonably believes is absent from the 05 minor's residence for the purpose of evading the parent or who is otherwise 06 missing from the minor's usual place of abode without the consent of the 07 parent; and 08 (C) at the request of the department, the Department of Law, 09 the victims' advocate, or on its own motion, the court shall, at any time, order 10 the minor and the minor's parent, if applicable, to submit financial information 11 on a form approved by the Alaska Court System to the court, the department, 12 and the Department of Law for the purpose of establishing the amount of 13 restitution or enforcing an order of restitution under AS 47.12.170; the form 14 must include a warning that submission of incomplete or inaccurate 15 information is punishable as unsworn falsification under AS 11.56.210; 16 (5) for a matter not covered in (4) of this subsection, order the 17 minor and the minor's parent to make suitable restitution as provided in (l) - (n) 18 of this section in lieu of or in addition to the court's order under (1), (2), or (3) of 19 this subsection; under this paragraph, 20 (A) except as provided in (B) of this paragraph, the court 21 may not refuse to make an order of restitution to benefit the victim of the 22 act of the minor that is the basis of the delinquency adjudication; under 23 this subparagraph, the court may require the minor to use the services of 24 a community dispute resolution center that has been recognized by the 25 commissioner under AS 47.12.450(b) to resolve any dispute between the 26 minor and the victim of the minor's offense as to the amount of or manner 27 of payment of the restitution; 28 (B) the court may not order payment of restitution 29 (i) by the parent of a minor who is a runaway or 30 missing minor for an act of the minor that was committed by the 31 minor after the parent has made a report to a law enforcement
01 agency, as authorized by AS 47.10.141(a), that the minor has run 02 away or is missing; for purposes of this sub-subparagraph, 03 "runaway or missing minor" means a minor who a parent 04 reasonably believes is absent from the minor's residence for the 05 purpose of evading the parent or who is otherwise missing from the 06 minor's usual place of abode without the consent of the parent; 07 (ii) by a legal guardian other than a parent; 08 (iii) except as provided in (m) of this section, by a 09 person, other than the minor's parent, with temporary or 10 permanent legal custody of the minor when the minor committed 11 the offense; or 12 (iv) by an adoptive parent of the minor as a hard-to- 13 place child if, at the time the minor committed the offense, the 14 adoptive parent was receiving financial assistance from the state as 15 a result of the adoption; in this sub-subparagraph, "hard-to-place 16 child" has the meaning given in AS 25.23.240; and 17 (C) at the request of the department, the Department of 18 Law, the victims' advocate, or, on its own motion, the court shall, at any 19 time, order the minor and the minor's parent, if applicable, to submit 20 financial information on a form approved by the Alaska Court System to 21 the court, the department, and the Department of Law for the purpose of 22 establishing the amount of restitution or enforcing an order of restitution 23 under AS 47.12.170; the form must include a warning that submission of 24 incomplete or inaccurate information is punishable as unsworn 25 falsification under AS 11.56.210; 26 (6) order the minor committed to the department for placement in an 27 adventure-based education program established under AS 47.21.020 with conditions 28 the court considers appropriate concerning release upon satisfactory completion of the 29 program or commitment under (1) of this subsection if the program is not satisfactorily 30 completed; 31 (7) [(6)] in addition to an order under (1) - (6) [(1) - (5)] of this
01 subsection, order the minor to perform community service; for purposes of this 02 paragraph, "community service" includes work 03 (A) on a project identified in AS 33.30.901; or 04 (B) that, on the recommendation of the city council or 05 traditional village council, would benefit persons within the city or village who 06 are elderly or disabled; or 07 (8) [(7)] in addition to an order under (1) - (7) [(1) - (6)] of this 08 subsection, order the minor's parent or guardian to comply with orders made under 09 AS 47.12.155, including participation in treatment under AS 47.12.155(b)(1). 10 * Sec. 12. AS 47.12.120(k) is amended to read: 11 (k) A court that adjudicates a delinquent minor for repeat minor consuming or 12 in possession or control under AS 04.16.050(c) or for habitual minor consuming or in 13 possession or control under AS 04.16.050(d) shall revoke the minor's driver's license 14 or permit, privilege to drive, or privilege to obtain a license as provided in 15 AS 04.16.050(c) or (d). A court that adjudicates a delinquent minor for another [AN] 16 offense [INVOLVING A CONTROLLED SUBSTANCE UNDER AS 11.71 OR 17 INVOLVING A FIREARM UNDER AS 11] shall revoke the minor's driver's license 18 or permit, privilege to drive, or privilege to obtain a license as provided in 19 AS 28.15.185. 20 * Sec. 13. AS 47.12.120 is amended by adding new subsections to read: 21 (l) Other than for a crime against a person, a court that adjudicates a 22 delinquent minor must include restitution for damages resulting from the offense, 23 including restitution to the victim unless the restitution is expressly waived by the 24 victim. In determining the amount of restitution, the court may not consider the ability 25 to pay of the minor or a parent of the minor. In determining the amount and method of 26 payment of restitution, the court shall take into account the 27 (1) public policy that favors requiring compensation for damages and 28 injury that results from criminal acts; 29 (2) financial burden placed on the victim and those who provide 30 services to the victim and other persons injured by the criminal conduct of the minor; 31 and
01 (3) amount and type of restitution that has already been made for the 02 offense. 03 (m) If the minor was in the legal custody of the minor's parent or parents when 04 the offense was committed by the minor, the minor's parent or parents are responsible 05 for that portion of the restitution ordered under (l) of this section that exceeds $5,000, 06 as adjusted under this subsection. However, the total amount of parental responsibility 07 for restitution under this subsection may not exceed $15,000, as adjusted under this 08 subsection. If the minor has two parents, that portion of the amount for which the 09 parents are liable shall be apportioned by the court between the parents without regard 10 to legal custody but with due consideration for the actual care and custody of the 11 minor provided by each of the parents. The minor is responsible for that portion of the 12 total restitution for which the parent or parents are not responsible under this 13 subsection. If the minor does not have a parent, the minor is not responsible for that 14 portion of restitution that exceeds $5,000, adjusted under this subsection. However, 15 the total amount of restitution for which the minor is not responsible may not exceed 16 $15,000, adjusted under this subsection. Monetary amounts in this subsection shall be 17 adjusted according to and to the extent of changes in the Consumer Price Index for all 18 urban consumers for the Anchorage metropolitan area compiled by the Bureau of 19 Labor Statistics, United States Department of Labor (the index). The index for January 20 of 2006 is the reference base index. The state is responsible for restitution, to the same 21 extent a parent with legal custody is responsible for restitution under this subsection, 22 for an act of a minor committed while in the legal custody of the state, except that the 23 state is not responsible if the act is committed while the minor has run away from state 24 custody, is missing from state custody, or has been placed by the state into the 25 physical custody of a parent of the minor. If the minor has been placed by the state 26 into the physical custody of a parent, the parent is responsible for restitution for an act 27 committed during that placement to the same extent as a parent with legal custody. 28 (n) The court shall set a payment schedule for each individual responsible for 29 restitution under (l) and (m) of this section that is fair and takes into account each 30 individual's ability to make payments. The schedule must separately address payments 31 the minor may have to make after reaching 18 years of age. The court may modify the
01 payment schedule if it determines that a change in the circumstances of an individual 02 responsible for the restitution requires the modification. The court may require an 03 individual who is responsible for restitution to agree to apply for one or more 04 permanent fund dividends. 05 * Sec. 14. AS 47.12.140 is amended to read: 06 Sec. 47.12.140. Court dispositional order. In making its dispositional order 07 under AS 47.12.120(b)(1) - (3) and (6) [(5)] and (j), the court shall 08 (1) consider both the best interests of the minor and the interests of the 09 public, and, in doing so, the court shall take into account 10 (A) the seriousness of the minor's delinquent act and the 11 attitude of the minor and the minor's parents toward that act; 12 (B) the minor's culpability as indicated by the circumstances of 13 the particular case; 14 (C) the age of the minor; 15 (D) the minor's prior criminal or juvenile record and the 16 success or failure of any previous orders, dispositions, or placements imposed 17 on the minor; 18 (E) the effect of the dispositional order to be imposed in 19 deterring the minor from committing other delinquent acts; 20 (F) the need to commit the minor to the department's custody or 21 to detain the minor in an institution or other suitable place in order to prevent 22 further harm to the public; 23 (G) the interest of the public in securing the minor's 24 rehabilitation; and 25 (H) the ability of the state to take custody of and to care for the 26 minor; and 27 (2) order the least restrictive alternative disposition for the minor; for 28 purposes of this paragraph, the "least restrictive alternative disposition" means that 29 disposition that is no more restrictive than is, in the judgment of the court, most 30 conducive to the minor's rehabilitation taking into consideration the interests of the 31 public.
01 * Sec. 15. AS 47.12.300(a) is amended to read: 02 (a) The court shall make and keep records of all cases brought before it. 03 Notwithstanding other provisions of this section, the amount of unpaid restitution 04 ordered under AS 47.12.120(b) owed by an individual 18 years of age or older, 05 together with the identity of the individual, is a public record. 06 * Sec. 16. AS 47.12.300(e) is amended to read: 07 (e) The court's official records prepared under this chapter and not made 08 public under this section are confidential and may be inspected only with the court's 09 permission and only by persons having a legitimate interest in them. A foster parent is 10 considered to have a legitimate interest in those portions of the court's official records 11 relating to a child who is already placed with the foster parent or who is recommended 12 for placement with the foster parent. A person with a legitimate interest in the 13 inspection of a confidential record maintained by the court also includes a victim who 14 suffered physical injury or whose real or personal property was damaged as a result of 15 an offense that was the basis of an adjudication or modification of disposition. If the 16 victim knows the identity of the minor, identifies the minor or the offense to the court, 17 and certifies that the information is being sought to consider or support a civil action 18 against the minor or against the minor and the minor's parents [OR GUARDIAN] 19 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 20 victim to inspect and use the following records and information in connection with the 21 civil action: 22 (1) a petition filed under AS 47.12.040(a) seeking to have the court 23 declare the minor a delinquent; 24 (2) a petition filed under AS 47.12.120 seeking to have the court 25 modify or revoke the minor's probation; 26 (3) a petition filed under AS 47.12.100 requesting the court to find that 27 a minor is not amenable to treatment under this chapter and that results in closure of a 28 case under AS 47.12.100(a); and 29 (4) a court judgment or order entered under this chapter that disposes 30 of a petition identified in (1) - (3) of this subsection. 31 * Sec. 17. AS 47.12.315(e) is amended to read:
01 (e) The department or an agency may not release information about a minor 02 under this section if the offense allegedly committed by the minor on which the 03 information is based occurred before January 1, 1998. The authority to release 04 information under this section is limited to five years from the date the department or 05 other agency is first required or authorized to make the disclosure. However, the 06 limitation of this section does not apply if the department or other agency determines 07 that, during the five-year period, the minor 08 (1) has knowingly failed to make all restitution payments required of 09 the minor by AS 47.12.060(b) or 47.12.120(b)(4) or (5); or 10 (2) has committed a crime punishable as a felony. 11 * Sec. 18. AS 47.12.450(b) is amended to read: 12 (b) The commissioner may recognize an entity organized for the purpose of 13 providing community mediation services as a community dispute resolution center to 14 serve as a center to resolve disputes between minors and victims. Before extending 15 recognition under this subsection, the commissioner shall determine that the bylaws of 16 the entity set out standards and procedures 17 (1) for filing requests for dispute resolution services with the center 18 and for scheduling mediation sessions participated in by the parties to the dispute; 19 (2) to ensure that each dispute mediated meets the criteria for 20 appropriateness for mediation and for rejecting disputes that do not meet the criteria; 21 (3) for giving notice of time, place, and nature of the mediation session 22 to the parties, and for conducting mediation sessions that comply with the provisions 23 of this section; 24 (4) to ensure that participation by all parties is voluntary; 25 (5) for obtaining referrals from public and private bodies; 26 (6) for providing mediators who, during the dispute resolution process, 27 may not make decisions or determinations of the issues involved, but who shall 28 facilitate negotiations by the participants themselves to achieve a voluntary resolution 29 of the issues; 30 (7) for communicating to the agency making a referral under 31 AS 47.12.040(a)(1)(A) or the court making a referral under AS 47.12.120(b)(4)(A) or
01 (5)(A), as appropriate, the following: 02 (A) notice that the minor and victim have been unable to enter 03 into a written agreement under (d)(2) of this section or that the minor or victim 04 has withdrawn from mediation as authorized by (f) of this section; 05 (B) notice that the minor and victim have entered into a written 06 agreement under (d)(2) of this section; the center shall transmit a copy of the 07 agreement to the agency or the court, as appropriate; 08 (C) notice that the minor has failed to perform fully the minor's 09 obligations under the written agreement under (d)(2) of this section; 10 (D) notice that the minor has successfully completed all that is 11 required of the minor under the provisions of the written agreement under 12 (d)(2) of this section; and 13 (8) for informing and educating the community about the community 14 dispute resolution center and encouraging the use of the center's services in 15 appropriate cases. 16 * Sec. 19. AS 34.50.020(d) is repealed. 17 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 INDIRECT COURT RULE AMENDMENT. AS 34.50.020(h), as added by sec. 7 of 20 this Act, amends Rule 60, Alaska Rules of Civil Procedure, relating to modifications of 21 payment schedules set in actions involving liability for the knowing or intentional acts of 22 unemancipated minors. 23 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 26 of it to any person or circumstance, is held invalid, the remainder of this Act and the 27 application to other persons or circumstances are not affected.