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HB 351: "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; relating to adjudication of minor delinquency and the deoxyribonucleic acid identification registration system; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; repealing a requirement for administrative revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain a license for consumption or possession of alcohol or drugs; and providing for an effective date."

00                             HOUSE BILL NO. 351                                                                          
01 "An Act relating to care of juveniles and to juvenile justice; relating to employment of                                
02 juvenile probation officers by the Department of Health and Social Services; relating to                                
03 terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect;                              
04 relating to adjudication of minor delinquency and the deoxyribonucleic acid                                             
05 identification registration system; relating to sexual assault in the third degree; relating                            
06 to sexual assault in the fourth degree; repealing a requirement for administrative                                      
07 revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain                            
08 a license for consumption or possession of alcohol or drugs; and providing for an                                       
09 effective date."                                                                                                        
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
11    * Section 1. AS 09.65.255(b) is amended to read:                                                                   
12            (b)  A state agency or its agents, including a person working in or responsible                              
01 for the operation of a foster home, as defined in AS 47.32.900, juvenile treatment                                  
02 facility, juvenile detention facility [, RECEIVING, OR DETENTION HOME], or                                          
03 treatment [CHILDREN'S] institution, is not liable for the acts of unemancipated                                     
04 minors in its charge or custody. A state agency or an agent of a state agency, including                                
05 a nonprofit corporation that designates shelters for runaways under AS 47.10.392 -                                      
06 47.10.399 and employees of or volunteers with that corporation, is not liable for the                                   
07 acts of a minor sheltered in a shelter for runaways, as defined in AS 47.10.399. In this                            
08 subsection, "juvenile treatment facility" and "juvenile detention facility" have                                    
09 the meanings given in AS 47.12.990 and "treatment institution" has the meaning                                      
10       given in AS 47.14.990.                                                                                        
11    * Sec. 2. AS 11.41.425(b)(1) is amended to read:                                                                   
12 (1)  "juvenile facility staff" means a person employed in a juvenile                                                    
13 detention facility or juvenile treatment facility as those terms are defined in                             
14       AS 47.12.990;                                                                                                 
15    * Sec. 3. AS 11.41.425(b)(2) is amended to read:                                                                   
16 (2)  "juvenile probation officer" has the meaning given in                                                          
17 AS 47.12.990 [MEANS A PERSON ASSIGNED TO SUPERVISE ANOTHER                                                          
18 PERSON 18 OR 19 YEARS OF AGE WHO IS COMMITTED TO THE                                                                    
19 PROBATIONARY SUPERVISION OF THE DEPARTMENT OF HEALTH AND                                                                
20       SOCIAL SERVICES];                                                                                                 
21    * Sec. 4. AS 11.41.427(b)(2) is amended to read:                                                                   
22 (2)  "juvenile probation officer" has the meaning given in AS 47.12.990                                             
23       [AS 11.41.425];                                                                                                   
24    * Sec. 5. AS 11.41.470(3) is amended to read:                                                                      
25 (3)  "legal guardian" means a person who is under a duty to exercise                                                    
26 general supervision over a minor or other person committed to the custody of the                                        
27 Department of Health and Social Services under AS 47.10 or AS 47.12 as a result of a                                    
28 court order, statute, or regulation, and includes Department of Health and Social                                       
29 Services employees, foster parents, and staff members and other employees of                                            
30 treatment institutions, group homes, or youth facilities where the minor or other                               
31 person is placed as a result of a court order or the action of the Department of Health                                 
01 and Social Services, and police officers, juvenile and adult probation officers, and                                
02 social workers when those persons are exercising custodial control over a minor or                                      
03       other person;                                                                                                     
04    * Sec. 6. AS 11.41.470(5) is amended to read:                                                                      
05 (5)  "position of authority" means an employer, youth leader, scout                                                     
06 leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse,                               
07 psychologist, guardian ad litem, babysitter, or a substantially similar position, and a                                 
08 police officer, correctional employee, juvenile facility staff, staff member of a                                   
09 treatment institution, or juvenile or adult probation officer other than when the                               
10       officer or staff member is exercising custodial control over a minor;                                         
11    * Sec. 7. AS 11.41.470 is amended by adding  new paragraphs to read:                                               
12                 (9)  "juvenile facility staff" has the meaning given in AS 11.41.425(b);                                
13                 (10)  "treatment institution" has the meaning given in AS 47.14.990.                                    
14    * Sec. 8. AS 11.56.760(a) is amended to read:                                                                      
15 (a)  A person commits the crime of violating an order to submit to DNA testing                                          
16 if, when requested by a health care professional acting on behalf of the state to provide                               
17 a blood sample, oral sample, or both, or when requested by a juvenile or adult                                          
18 correctional, probation, or parole officer or a peace officer to provide an oral sample,                                
19       the person refuses to provide the sample or samples and the person                                                
20 (1)  has been ordered to submit to DNA testing as part of a sentence                                                    
21       imposed under AS 12.55.015;                                                                                       
22 (2)  has been convicted of or adjudicated delinquent for an offense                                                 
23       that requires DNA testing under the provisions of AS 44.41.035; or                                                
24 (3)  is required to register as a sex offender or child kidnapper under                                                 
25       AS 12.63.                                                                                                         
26    * Sec. 9. AS 11.61.123(e) is amended to read:                                                                      
27            (e)  In this section,                                                                                        
28 (1)  "picture" means a film, photograph, negative, slide, book,                                                         
29       newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and                            
30 (2)  "private exposure" means that a person has exposed the person's                                                    
31 body or part of the body in a place, and under circumstances, that the person                                           
01 reasonably believed would not result in the person's body or body parts being (A)                                       
02 viewed by the defendant; or (B) produced in a picture; "private exposure" does not                                      
03 include the exposure of a person's body or body parts in a law enforcement facility,                                    
04 correctional facility, treatment institution, designated treatment facility, juvenile                           
05 treatment facility, or a juvenile detention facility; in this paragraph, "correctional                              
06 facility" has the meaning given in AS 33.30.901, "designated treatment facility" has                                    
07 the meaning given in AS 47.30.915, [AND] "juvenile detention facility" and                                          
08 "juvenile treatment facility" have [HAS] the meanings [MEANING] given in                                        
09 AS 47.12.990; and "treatment institution" has the meaning given in AS 47.14.990.                                    
10    * Sec. 10. AS 14.07.020(a) is amended to read:                                                                     
11            (a)  The department shall                                                                                    
12 (1)  exercise general supervision over the public schools of the state                                                  
13       except the University of Alaska;                                                                                  
14 (2)  study the conditions and needs of the public schools of the state,                                                 
15 adopt or recommend plans, administer and evaluate grants to improve school                                              
16 performance awarded under AS 14.03.125, and adopt regulations for the improvement                                       
17 of the public schools; the department may consult with the University of Alaska to                                      
18 develop secondary education requirements to improve student achievement in college                                      
19       preparatory courses;                                                                                              
20 (3)  provide advisory and consultative services to all public school                                                    
21       governing bodies and personnel;                                                                                   
22 (4)  prescribe by regulation a minimum course of study for the public                                                   
23 schools; the regulations must provide that, if a course in American Sign Language is                                    
24       given, the course shall be given credit as a course in a foreign language;                                        
25 (5)  establish, in coordination with the Department of Health and Social                                                
26 Services, a program for the continuing education of children who are held in juvenile                               
27 detention facilities or juvenile treatment facilities, as those terms are defined in                            
28       AS 47.12.990, in the state during the period of detention or treatment;                                   
29 (6)  accredit those public schools that meet accreditation standards                                                    
30 prescribed by regulation by the department; these regulations shall be adopted by the                                   
31 department and presented to the legislature during the first 10 days of any regular                                     
01 session, and become effective 45 days after presentation or at the end of the session,                                  
02 whichever is earlier, unless disapproved by a resolution concurred in by a majority of                                  
03       the members of each house;                                                                                        
04 (7)  prescribe by regulation, after consultation with the state fire                                                    
05 marshal and the state sanitarian, standards that will ensure healthful and safe                                         
06 conditions in the public and private schools of the state, including a requirement of                                   
07 physical examinations and immunizations in pre-elementary schools; the standards for                                    
08       private schools may not be more stringent than those for public schools;                                          
09 (8)  exercise general supervision over pre-elementary schools that                                                      
10       receive direct state or federal funding;                                                                          
11 (9)  exercise general supervision over elementary and secondary                                                         
12 correspondence study programs offered by municipal school districts or regional                                         
13 educational attendance areas; the department may also offer and make available to any                                   
14       Alaskan through a centralized office a correspondence study program;                                              
15 (10)  accredit private schools that request accreditation and that meet                                                 
16 accreditation standards prescribed by regulation by the department; nothing in this                                     
17 paragraph authorizes the department to require religious or other private schools to be                                 
18       licensed;                                                                                                         
19 (11)  review plans for construction of new public elementary and                                                        
20 secondary schools and for additions to and major rehabilitation of existing public                                      
21 elementary and secondary schools and, in accordance with regulations adopted by the                                     
22 department, determine and approve the extent of eligibility for state aid of a school                                   
23 construction or major maintenance project; for the purposes of this paragraph, "plans"                                  
24 include educational specifications, schematic designs, projected energy consumption                                     
25       and costs, and final contract documents;                                                                          
26 (12)  provide educational opportunities in the areas of vocational                                                      
27 education and training, and basic education to individuals over 16 years of age who                                     
28 are no longer attending school; the department may consult with businesses and labor                                    
29 unions to develop a program to prepare students for apprenticeships or internships that                                 
30       will lead to employment opportunities;                                                                            
31                 (13)  administer the grants awarded under AS 14.11;                                                     
01                 (14)  establish, in coordination with the Department of Public Safety, a                                
02       school bus driver training course;                                                                                
03                 (15)  require the reporting of information relating to school disciplinary                              
04       and safety programs under AS 14.33.120 and of incidents of disruptive or violent                                  
05       behavior;                                                                                                         
06                 (16)  establish by regulation criteria, based on low student performance,                               
07       under which the department may intervene in a school district to improve instructional                            
08       practices, as described in AS 14.07.030(14) or (15); the regulations must include                                 
09                      (A)  a notice provision that alerts the district to the deficiencies                               
10            and the instructional practice changes proposed by the department;                                           
11 (B)  an end date for departmental intervention, as described in                                                         
12 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three                                             
13 consecutive years of improvement consisting of not less than two percent                                                
14 increases in student proficiency on standards-based assessments in language                                             
15            arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and                                              
16 (C)  a process for districts to petition the department for                                                             
17            continuing or discontinuing the department's intervention;                                                   
18 (17)  notify the legislative committees having jurisdiction over                                                        
19 education before intervening in a school district under AS 14.07.030(14) or redirecting                                 
20       public school funding under AS 14.07.030(15).                                                                     
21    * Sec. 11. AS 14.30.186(a) is amended to read:                                                                     
22            (a)  Special education and related services shall be provided by                                             
23 (1)  a borough or city school district for a child with a disability                                                    
24       residing within the district;                                                                                     
25 (2)  the board of a regional educational attendance area operating a                                                    
26 school in the area for a child with a disability residing in the area served by the school;                             
27 (3)  the borough, city school district, or regional educational attendance                                              
28 area in which a treatment institution, as that term is defined in AS 47.14.990,                                     
29 juvenile detention facility or juvenile treatment facility, as those terms are defined                          
30 in AS 47.12.990, or a correctional [OR YOUTH DETENTION] facility is located for                                     
31       a child with a disability placed at the facility;                                                                 
01                 (4)  a state boarding school established under AS 14.16 for a child with                                
02       a disability enrolled at a state boarding school; or                                                              
03                 (5)  a school district that provides a statewide correspondence study                                   
04       program for a child with a disability who is enrolled in the program.                                             
05    * Sec. 12. AS 17.37.070(6) is amended to read:                                                                     
06 (6)  "facility monitored by the department or the Department of                                                         
07 Administration" means an institution, building, office, or home operated by the                                         
08 department or the Department of Administration, funded by the department or the                                         
09 Department of Administration, under contract with the department or the Department                                      
10 of Administration, inspected by the department or the Department of Administration,                                     
11 designated by the department or the Department of Administration, or licensed by the                                    
12       department or the Department of Administration, for the care of                                                   
13 (A)  juveniles; for the purposes of this subparagraph,                                                                  
14 "institution" includes a foster home and a group home, and a juvenile detention                                         
15 facility [, A JUVENILE DETENTION HOME, A JUVENILE WORK                                                                  
16 CAMP,] and a juvenile treatment facility, as those terms are defined in                                             
17            AS 47.12.990;                                                                                                
18 (B)  the elderly; for the purposes of this subparagraph,                                                                
19            "institution" includes                                                                                       
20 (i)  an assisted living home as defined in AS 47.33.990;                                                                
21                 and                                                                                                     
22 (ii)  the Alaska Pioneers' Home or the Alaska Veterans'                                                                 
23                 Home, operated under AS 47.55;                                                                          
24 (C)  the mentally ill; for the purposes of this subparagraph,                                                           
25 "institution" includes a designated treatment facility and an evaluation facility,                                      
26            as those terms are defined in AS 47.30.915;                                                                  
27    * Sec. 13. AS 18.20.499(2) is amended to read:                                                                     
28 (2)  "health care facility" means a private, municipal, or state hospital;                                              
29 independent diagnostic testing facility; primary care outpatient facility; skilled nursing                              
30 facility; kidney disease treatment center, including freestanding hemodialysis units;                                   
31 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or                                      
01 Alaska Veterans' Home administered by the Department of Health and Social Services                                      
02 under AS 47.55; correctional facility owned or administered by the state; private,                                      
03 municipal, or state facility employing one or more public health nurses; long-term care                                 
04 facility; psychiatric hospital; residential psychiatric treatment center, as defined in                                 
05 AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under                                     
06 AS 47.12.990; a juvenile detention facility [; JUVENILE DETENTION HOME,                                             
07 JUVENILE WORK CAMP,] or juvenile treatment facility, as those terms are                                     
08 defined in AS 47.12.990; or a treatment institution as that term is defined in                                      
09       AS 47.14.990;                                                                                                 
10    * Sec. 14. AS 47.10.141(c) is amended to read:                                                                     
11 (c)  A minor may be taken into emergency protective custody by a peace                                                  
12 officer and placed into temporary detention in a juvenile detention facility [HOME] in                              
13 the local community if there has been an order issued by a court under a finding of                                     
14 probable cause that (1) the minor is a runaway in wilful violation of a valid court order                               
15 issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or                                            
16 47.12.250(d), (2) the minor's current situation poses a severe and imminent risk to the                                 
17 minor's life or safety, and (3) no reasonable placement alternative exists within the                                   
18 community. A minor detained under this subsection shall be brought before a court on                                    
19 the day the minor is detained, or if that is not possible, within 24 hours after the                                    
20 detention for a hearing to determine the most appropriate placement in the best                                         
21 interests of the minor. A minor taken into emergency protective custody under this                                      
22 subsection may not be detained for more than 24 hours, except as provided under                                         
23 AS 47.12.250. Emergency protective custody may not include placement of a minor in                                      
24 an adult correctional facility, an adult [A] jail or a temporary secure juvenile                                
25 holding area [SECURE FACILITY OTHER THAN A JUVENILE DETENTION                                                       
26 HOME], nor may an order for protective custody be enforced against a minor who is                                       
27       residing in a licensed program for runaway minors, as defined in AS 47.10.390.                                    
28    * Sec. 15. AS 47.10.141(j) is amended by adding a new paragraph to read:                                           
29 (3)  "temporary secure juvenile holding area" has the meaning given in                                                  
30       AS 47.12.990.                                                                                                     
31    * Sec. 16. AS 47.10.990(20) is amended to read:                                                                    
01 (20)  "juvenile detention facility [HOME]" has the meaning given in                                             
02 AS 47.12.990 [IS A SEPARATE ESTABLISHMENT, EXCLUSIVELY DEVOTED                                                      
03 TO THE DETENTION OF MINORS ON A SHORT-TERM BASIS AND NOT A                                                              
04       PART OF AN ADULT JAIL];                                                                                           
05    * Sec. 17. AS 47.12.025(c) is amended to read:                                                                     
06 (c)  If a person who is subject to the jurisdiction of this chapter due solely to                                       
07 AS 47.12.020(b) has been arrested by a peace officer or a juvenile probation officer                                
08 under AS 47.12.245, detained under AS 47.12.250, or committed to the custody or                                         
09 supervision of the department under AS 47.12.120(b) or 47.12.240, the department,                                       
10 after consulting the peace officer or juvenile probation officer if appropriate, shall                              
11 make arrangements for the detention, placement, or supervision of the person. In the                                    
12 discretion of the department, the person may be detained or placed in a juvenile                                        
13 detention facility, juvenile treatment facility, temporary secure juvenile holding                              
14       area, or in an adult correctional facility.                                                                   
15    * Sec. 18. AS 47.12.120(b) is amended to read:                                                                     
16 (b)  If the minor is not subject to (j) of this section and the court finds that the                                    
17       minor is delinquent, it shall                                                                                     
18 (1)  order the minor committed to the department for a period of time                                                   
19 not to exceed two years or in any event extend past the day the minor becomes 19                                        
20 years of age, except that the department may petition for and the court may grant in a                                  
21 hearing (A) two-year extensions of commitment that do not extend beyond the minor's                                     
22 19th birthday if the extension is in the best interests of the minor and the public; and                                
23 (B) an additional one-year period of supervision past age 19 if continued supervision                                   
24 is in the best interests of the person and the person consents to it; the department shall                              
25 place the minor in the juvenile facility that the department considers appropriate and                                  
26 that may include a juvenile [CORRECTIONAL SCHOOL, JUVENILE WORK                                                         
27 CAMP,] treatment facility, juvenile [DETENTION HOME, OR] detention facility, or                                 
28 secure residential psychiatric treatment center; the minor may be released from                                     
29 placement or detention and placed on probation on order of the court and may also be                                    
30       released by the department, in its discretion, under AS 47.12.260;                                                
31 (2)  order the minor placed on probation, to be supervised by the                                                       
01 department, and released to the minor's parents, guardian, or a suitable person; if the                                 
02 court orders the minor placed on probation, it may specify the terms and conditions of                                  
03 probation; the probation may be for a period of time not to exceed two years and in no                                  
04 event to extend past the day the minor becomes 19 years of age, except that the                                         
05       department may petition for and the court may grant in a hearing                                                  
06 (A)  two-year extensions of supervision that do not extend                                                              
07 beyond the minor's 19th birthday if the extension is in the best interests of the                                       
08            minor and the public; and                                                                                    
09 (B)  an additional one-year period of supervision past age 19 if                                                        
10 the continued supervision is in the best interests of the person and the person                                         
11            consents to it;                                                                                              
12 (3)  order the minor committed to the custody of the department and                                                     
13 placed on probation, to be supervised by the department and released to the minor's                                     
14 parents, guardian, other suitable person, or suitable nondetention setting such as with a                               
15 relative or in a foster home or residential child care facility, whichever the department                               
16 considers appropriate to implement the treatment plan of the predisposition report; if                                  
17 the court orders the minor placed on probation, it may specify the terms and conditions                                 
18 of probation; the department may transfer the minor, in the minor's best interests, from                                
19 one of the probationary placement settings listed in this paragraph to another, and the                                 
20 minor, the minor's parents or guardian, the minor's foster parent, and the minor's                                      
21 attorney are entitled to reasonable notice of the transfer; the probation may be for a                                  
22 period of time not to exceed two years and in no event to extend past the day the                                       
23 minor becomes 19 years of age, except that the department may petition for and the                                      
24       court may grant in a hearing                                                                                      
25 (A)  two-year extensions of commitment 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 (4)  order the minor and the minor's parent to make suitable restitution                                                
01 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection;                               
02       under this paragraph,                                                                                             
03 (A)  except as provided in (B) of this paragraph, the court may                                                         
04 not refuse to make an order of restitution to benefit the victim of the act of the                                      
05 minor that is the basis of the delinquency adjudication; under this                                                     
06 subparagraph, the court may require the minor to use the services of a                                                  
07 community dispute resolution center that has been recognized by the                                                     
08 commissioner under AS 47.12.450(b) to resolve any dispute between the minor                                             
09 and the victim of the minor's offense as to the amount of or manner of payment                                          
10            of the restitution;                                                                                          
11 (B)  the court may not order payment of restitution by the parent                                                       
12 of a minor who is a runaway or missing minor for an act of the minor that was                                           
13 committed by the minor after the parent has made a report to a law                                                      
14 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run                                            
15 away or is missing; for purposes of this subparagraph, "runaway or missing                                              
16 minor" means a minor who a parent reasonably believes is absent from the                                                
17 minor's residence for the purpose of evading the parent or who is otherwise                                             
18 missing from the minor's usual place of abode without the consent of the                                                
19            parent; and                                                                                                  
20 (C)  at the request of the department, the Department of Law,                                                           
21 the victims' advocate, or on its own motion, the court shall, at any time, order                                        
22 the minor and the minor's parent, if applicable, to submit financial information                                        
23 on a form approved by the Alaska Court System to the court, the department,                                             
24 and the Department of Law for the purpose of establishing the amount of                                                 
25 restitution or enforcing an order of restitution under AS 47.12.170; the form                                           
26 must include a warning that submission of incomplete or inaccurate                                                      
27 information is punishable as unsworn falsification in the second degree under                                           
28            AS 11.56.210;                                                                                                
29 (5)  order the minor committed to the department for placement in an                                                    
30 adventure-based education program established under AS 47.21.020 with conditions                                        
31 the court considers appropriate concerning release upon satisfactory completion of the                                  
01       program or commitment under (1) of this subsection if the program is not satisfactorily                           
02       completed;                                                                                                        
03                 (6)  in addition to an order under (1) - (5) of this subsection, order the                              
04       minor to perform community service; for purposes of this paragraph, "community                                    
05       service" includes work                                                                                            
06                      (A)  on a project identified in AS 33.30.901; or                                                   
07                      (B)  that, on the recommendation of the city council or                                            
08            traditional village council, would benefit persons within the city or village who                            
09            are elderly or disabled; or                                                                                  
10 (7)  in addition to an order under (1) - (6) of this subsection, order the                                              
11 minor's parent or guardian to comply with orders made under AS 47.12.155, including                                     
12       participation in treatment under AS 47.12.155(b)(1).                                                              
13    * Sec. 19. AS 47.12.120 is amended by adding a new subsection to read:                                             
14 (l)  The court shall order a minor who is adjudicated as a delinquent in this                                           
15 state for an act committed when the minor was 16 years of age or older that would be                                    
16 a crime against a person or a felony under AS 11 or AS 28.35 if committed by an adult                                   
17 or for an act that would violate a law or ordinance with elements similar to a crime                                    
18 against a person or a felony under AS 11 or AS 28.35 if committed by an adult to                                        
19 submit to the collection of a blood sample, oral sample, or both for the                                                
20 deoxyribonucleic acid identification registration system under AS 44.41.035. The                                        
21       minor shall submit to the collection of                                                                           
22 (1)  the sample or samples when requested by a health care professional                                                 
23       acting on behalf of the state to provide the sample or samples; or                                                
24 (2)  an oral sample when requested by a juvenile probation officer,                                                     
25       juvenile facility staff, or peace officer.                                                                        
26    * Sec. 20. AS 47.12.240(a) is amended to read:                                                                     
27 (a)  When the court commits a minor to the custody of the department, the                                               
28 department shall arrange to place the minor in a juvenile detention facility                                        
29 [DETENTION HOME, WORK CAMP,] or another suitable place that the department                                              
30 designates for that purpose. Except under the conditions described in [WHEN                                         
31 DETENTION IN A CORRECTIONAL FACILITY IS AUTHORIZED BY] (c) of this                                                      
01       section, the minor may not be detained [INCARCERATED] in a correctional facility                              
02       that houses adult prisoners.                                                                                      
03    * Sec. 21. AS 47.12.240(c) is amended to read:                                                                     
04 (c)  Notwithstanding (a) of this section, a minor may be detained                                                   
05 [INCARCERATED] in an adult [A] correctional facility, an adult jail, or a                                       
06 temporary secure juvenile holding area only if the minor is not in sight or sound                                   
07       of adult prisoners, and one of the following applies:                                                         
08                 (1)  [IF] the minor is the subject of a petition filed with the court under                             
09       this chapter seeking adjudication of the minor as a delinquent minor or [IF] the minor                            
10 is detained or in official detention pending the filing of that petition; however,                                  
11 detention in an adult [A] correctional facility, an adult jail, or a temporary secure                           
12       juvenile holding area under this paragraph may not exceed the lesser of                                       
13 (A)  six hours, except under the criteria listed in (e) of this                                                         
14            section; or                                                                                                  
15 (B)  the time necessary to arrange the minor's transportation to a                                                      
16 juvenile detention facility [HOME] or comparable facility for the detention of                                      
17            minors;                                                                                                      
18 (2)  [IF,] in response to a petition of delinquency filed under this                                                    
19 chapter, the court has entered an order closing the case under AS 47.12.100(a),                                         
20       allowing the minor to be prosecuted as an adult; or                                                               
21 (3)  [IF] the minor is at least 16 years of age and the court has entered                                               
22 an order under AS 47.12.160(e) imposing an adult sentence and transferring custody                                      
23       of the minor to the Department of Corrections.                                                                    
24    * Sec. 22. AS 47.12.245(b) is amended to read:                                                                     
25 (b)  A juvenile probation officer may arrest a minor if the juvenile probation                                  
26 officer has probable cause to believe that the minor has violated conditions of the                                     
27       minor's release or probation.                                                                                     
28    * Sec. 23. AS 47.12.250(a) is amended to read:                                                                     
29 (a)  A peace officer or a juvenile probation officer who has arrested, or a peace                               
30       officer who has continued the arrest of, a minor under AS 47.12.245 may                                       
31 (1)  have the minor detained in a juvenile detention facility or                                                    
01 temporary secure juvenile holding area if, in the opinion of the peace officer                                  
02 making or continuing the arrest, it is necessary to do so to protect the minor or the                               
03 community; however, the department may direct that a minor who was arrested or                                          
04 whose arrest was continued be released from detention before the hearing required by                                    
05       (c) of this section;                                                                                              
06                 (2)  before taking the minor to a juvenile detention facility or                                    
07       temporary secure juvenile holding area, release the minor to the minor's parents or                           
08       guardian if detention is not necessary to                                                                         
09                      (A)  protect the minor or the community; or                                                        
10                      (B)  ensure the minor's attendance at subsequent court hearings.                                   
11    * Sec. 24. AS 47.12.270 is repealed and reenacted to read:                                                         
12 Sec. 47.12.270.  Juvenile probation officers.  (a) The department shall                                               
13 employ juvenile probation officers.  A juvenile probation officer shall exercise the                                    
14 duties of a probation officer and shall prepare preliminary investigations and assist and                               
15 advise the court in the furtherance of the welfare and control of a minor under the                                     
16 court's jurisdiction. A juvenile probation officer shall also carry out other duties in the                             
17       care and treatment of minors that are consistent with the intent of this chapter.                                 
18 (b)  A juvenile probation officer has the powers of a peace officer with respect                                        
19       to the service of process and arresting a minor when                                                              
20                 (1)  a court has issued an arrest warrant;                                                              
21 (2)  there is probable cause to believe the minor has violated conditions                                               
22       of release or probation; or                                                                                       
23 (3)  probable cause exists for believing that the minor has escaped from                                                
24       or unlawfully evaded a placement made under AS 47.12.120(b)(1).                                                   
25    * Sec. 25. AS 47.12.310(d) is amended to read:                                                                     
26 (d)  Upon request of a victim, the department shall make every reasonable                                               
27 effort to notify the victim as soon as practicable, by telephone or in writing, when a                                  
28 delinquent minor is to be released from placement [IN A JUVENILE FACILITY]                                              
29 under AS 47.12.120(b)(1). The notice under this subsection must include the expected                                    
30 date of the delinquent minor's release, the geographic area in which the delinquent                                     
31 minor is required to reside, and other pertinent information concerning the delinquent                                  
01       minor's conditions of release that may affect the victim.                                                         
02    * Sec. 26. AS 47.12.315(c) is amended to read:                                                                     
03 (c)  When required by this section to disclose information, the department may                                          
04 disclose only the name of the minor, the name of each legal parent or guardian, the                                     
05 specific offense for which the minor was adjudicated delinquent [ALLEGED TO                                         
06 HAVE BEEN COMMITTED IN THE PETITION], and the final outcome of the court                                                
07 proceedings relating to the offense. Before the disclosure, the department shall delete                                 
08       the information that identifies the victim of the offense.                                                        
09    * Sec. 27. AS 47.12.990(7) is amended to read:                                                                     
10 (7)  "juvenile detention facility" means a secure facility [SEPARATE                                                
11 QUARTERS WITHIN A CITY JAIL USED] for the detention of delinquent minors in                                         
12       the custody of the department under AS 47.12.240 or 47.12.250;                                                
13    * Sec. 28. AS 47.12.990(12) is amended to read:                                                                    
14                 (12)  "minor" means a person who is                                                                 
15 (A)  under 18 years of age at the time the person commits an                                                    
16            offense; and                                                                                             
17 (B)  subject to the jurisdiction of the court under this                                                            
18            chapter;                                                                                                 
19    * Sec. 29. AS 47.12.990 is amended by adding new paragraphs to read:                                               
20 (17)  "juvenile probation officer" means an officer described in                                                        
21       AS 47.12.270;                                                                                                     
22 (18)  "juvenile treatment facility" means a secure facility for treatment                                               
23 of minors adjudicated delinquent and committed by a court to the care and custody of                                    
24       the department under AS 47.12.120(b)(1);                                                                          
25 (19)  "residential child care facility" has the meaning given in                                                        
26       AS 47.32.900;                                                                                                     
27 (20)  "temporary secure juvenile holding area" means separate quarters                                                  
28 that are used for the temporary detention of delinquent minors pending a court order or                                 
29 transportation to a juvenile detention facility and that are not within sight or sound of                               
30       any adult prisoners.                                                                                              
31    * Sec. 30. AS 47.14.010 is amended to read:                                                                        
01            Sec. 47.14.010.  General powers of department over juvenile facilities and                               
02       institutions.  The department may                                                                               
03                 (1)  purchase, lease, or construct buildings or other facilities for the                                
04       care, detention, rehabilitation, and education of children in need of aid or delinquent                           
05       minors;                                                                                                           
06                 (2)  adopt plans for construction of juvenile detention facilities                                  
07       [HOMES, JUVENILE WORK CAMPS], juvenile treatment [DETENTION]                                                  
08       facilities, and other juvenile institutions;                                                                      
09                 (3)  adopt standards and regulations for the design, construction, repair,                              
10 maintenance, and operation of all juvenile detention facilities, juvenile treatment                                 
11       [HOMES, WORK CAMPS,] facilities, and institutions;                                                                
12 (4)  inspect periodically each juvenile detention facility, juvenile                                                
13 treatment [HOME, WORK CAMP,] facility, or other institution to ensure that the                                      
14       standards and regulations adopted are being maintained;                                                           
15 (5)  reimburse municipalities [CITIES] maintaining and operating                                                    
16       juvenile detention [HOMES, WORK CAMPS, AND] facilities;                                                           
17 (6)  enter into contracts and arrangements with cities and state and                                                    
18       federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter;                               
19 (7)  do all acts necessary to carry out the purposes of AS 47.10,                                                       
20       AS 47.12, and this chapter;                                                                                       
21 (8)  adopt the regulations necessary to carry out AS 47.10, AS 47.12,                                                   
22       and this chapter;                                                                                                 
23 (9)  accept donations, gifts, or bequests of money or other property for                                                
24 use in construction of juvenile [HOMES, WORK CAMPS,] institutions, [OR]                                                 
25       detention facilities, or juvenile treatment facilities;                                                       
26 (10)  operate juvenile detention facilities [HOMES] when                                                            
27       municipalities are unable to do so;                                                                               
28 (11)  receive, care for, and place in a juvenile detention facility                                                 
29 [HOME], the minor's own home, a foster home, [OR] a juvenile treatment facility                                     
30 [CORRECTIONAL SCHOOL, WORK CAMP], or treatment institution all minors                                                   
31       committed to its custody under AS 47.10, AS 47.12, and this chapter.                                              
01    * Sec. 31. AS 47.14.020 is amended to read:                                                                        
02            Sec. 47.14.020. Duties of department. The department shall                                                 
03 (1)  accept all minors committed to the custody of the department and                                                   
04 all minors who are involved in a written agreement under AS 47.14.100(c), and                                           
05 provide for the welfare, control, care, custody, and placement of these minors in                                       
06       accordance with this chapter;                                                                                     
07                 (2)  require and collect statistics on juvenile offenses and offenders in                               
08       the state;                                                                                                        
09                 (3)  conduct studies and prepare findings and recommendations on the                                    
10 need, number, type, construction, maintenance, and operating costs of juvenile                                          
11 detention facilities, juvenile treatment [HOMES, WORK CAMPS,] facilities, and                                       
12 [THE] other institutions, and adopt and submit a plan for construction of the                                           
13 [HOMES, WORK CAMPS,] facilities [,] and institutions when needed, together with                                         
14       a plan for financing the construction programs;                                                                   
15 (4)  examine, where possible, all facilities, institutions, [WORK                                                       
16 CAMPS,] and places of juvenile detention and treatment in the state and inquire into                                
17       their methods and the management of juveniles in them.                                                            
18    * Sec. 32. AS 47.14.040 is amended to read:                                                                        
19 Sec. 47.14.040. Authority to maintain and operate temporary secure                                                  
20 juvenile holding area, juvenile detention facility, or juvenile treatment [HOME,                                    
21 WORK CAMP, OR] facility. (a) A municipality or entity [CITY] may maintain                                         
22 and operate a temporary secure juvenile holding area [JUVENILE DETENTION                                            
23 FACILITY], and a municipality [CITY] or a nonprofit corporation may maintain and                                    
24 operate a juvenile detention facility or juvenile treatment facility [HOME OR A                                     
25       JUVENILE WORK CAMP].                                                                                              
26 (b)  The municipality [CITY] or nonprofit corporation may receive grants-in-                                        
27 aid from the state for costs of operation of the temporary secure juvenile holding                                  
28 area or facility [HOMES, WORK CAMPS, OR FACILITIES] maintained and                                                  
29       operated under (a) of this section.                                                                               
30    * Sec. 33. AS 47.14.050(a) is repealed and reenacted to read:                                                      
31 (a)  The department shall adopt standards and regulations for the operation of                                          
01       juvenile detention facilities and juvenile treatment facilities in the state.                                     
02    * Sec. 34. AS 47.14.050(b) is amended to read:                                                                     
03 (b)  The department may enter into contracts with municipalities [CITIES]                                           
04 and other governmental agencies for the detention of juveniles before and after                                         
05 commitment by juvenile authorities. A contract may not be made for longer than one                                      
06       year.                                                                                                             
07    * Sec. 35. AS 47.14.990(7) is amended to read:                                                                     
08                 (7)  "juvenile detention facility" has the meaning given in                                         
09       AS 47.12.990 [MEANS SEPARATE QUARTERS WITHIN A CITY JAIL USED                                                 
10       FOR THE DETENTION OF DELINQUENT MINORS];                                                                          
11    * Sec. 36. AS 47.14.990(10) is amended to read:                                                                    
12 (10)  "minor" has the meaning given in AS 47.12.990 [MEANS A                                                        
13       PERSON UNDER 18 YEARS OF AGE];                                                                                    
14    * Sec. 37. AS 47.14.990 is amended by adding new paragraphs to read:                                               
15 (12)  "juvenile probation officer" has the meaning given in                                                             
16       AS 47.12.990;                                                                                                     
17 (13)  "juvenile treatment facility" has the meaning given in                                                            
18       AS 47.12.990;                                                                                                     
19 (14)  "temporary secure juvenile holding area" has the meaning given                                                    
20       in AS 47.12.990.                                                                                                  
21    * Sec. 38. AS 47.17.020(a) is amended to read:                                                                     
22 (a)  The following persons who, in the performance of their occupational                                                
23 duties, their appointed duties under (8) of this subsection, or their volunteer duties                                  
24 under (9) of this subsection, have reasonable cause to suspect that a child has suffered                                
25 harm as a result of child abuse or neglect shall immediately report the harm to the                                     
26       nearest office of the department:                                                                                 
27                 (1)  practitioners of the healing arts;                                                                 
28 (2)  school teachers and school administrative staff members, including                                                 
29       athletic coaches, of public and private schools;                                                                  
30                 (3)  peace officers and officers of the Department of Corrections;                                      
31                 (4)  administrative officers of institutions;                                                           
01                 (5)  child care providers;                                                                              
02                 (6)  paid employees of domestic violence and sexual assault programs,                                   
03       and crisis intervention and prevention programs as defined in AS 18.66.990;                                       
04                 (7)  paid employees of an organization that provides counseling or                                      
05       treatment to individuals seeking to control their use of drugs or alcohol;                                        
06                 (8)  members of a child fatality review team established under                                          
07       AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created                               
08       under AS 47.14.300;                                                                                               
09                 (9)  volunteers who interact with children in a public or private school                                
10       for more than four hours a week;                                                                              
11 (10)  juvenile probation officers, juvenile probation office staff, and                                             
12 staff of juvenile detention facilities and juvenile treatment facilities, as those                                  
13       terms are defined in AS 47.12.990.                                                                            
14    * Sec. 39. AS 28.15.176; AS 47.12.060(b)(5), 47.12.990(8), 47.12.990(9), 47.12.990(15);                            
15 AS 47.14.990(8) and 47.14.990(9) are repealed.                                                                          
16    * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18 APPLICABILITY. AS 11.41.425(b)(1), as amended by sec. 2 of this Act,                                                    
19 AS 11.41.425(b)(2), as amended by sec. 3 of this Act, AS 11.41.427(b)(2), as amended by                                 
20 sec. 4 of this Act, AS 11.41.470(3), as amended by sec. 5 of this Act, AS 11.41.470(5), as                              
21 amended by sec. 6 of this Act, AS 11.41.470(9) and (10), enacted by sec. 7 of this Act,                                 
22 AS 11.56.760(a), as amended by sec. 8 of this Act, AS 11.61.123(e), as amended by sec. 9 of                             
23 this Act, and AS 47.12.120(l), enacted by sec. 19 of this Act, apply to offenses committed on                           
24 or after the effective date of secs. 2 - 9 and 19 of this Act.                                                          
25    * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to                         
26 read:                                                                                                                   
27 TRANSITION: REGULATIONS. The Department of Health and Social Services may                                               
28 adopt regulations necessary to implement the changes made by this Act. The regulations take                             
29 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the                          
30 relevant provision of this Act implemented by the regulation.                                                           
31    * Sec. 42. Section 41 of this Act takes effect immediately under AS 01.10.070(c).