SB 74: "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; and providing for an effective date."
00 SENATE BILL NO. 74 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; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 09.65.255(b) is amended to read: 09 (b) A state agency or its agents, including a person working in or responsible 10 for the operation of a foster home, receiving facility, [OR] detention facility [HOME], 11 or children's institution, is not liable for the acts of unemancipated minors in its charge 12 or custody. A state agency or an agent of a state agency, including a nonprofit 13 corporation that designates shelters for runaways under AS 47.10.392 - 47.10.399 and
01 employees of or volunteers with that corporation, is not liable for the acts of a minor 02 sheltered in a shelter for runaways, as defined in AS 47.10.399. 03 * Sec. 2. AS 11.41.425(b)(2) is amended to read: 04 (2) "juvenile probation officer" means an officer described in 05 AS 47.12.270 [A PERSON ASSIGNED TO SUPERVISE ANOTHER PERSON 18 06 OR 19 YEARS OF AGE WHO IS COMMITTED TO THE PROBATIONARY 07 SUPERVISION OF THE DEPARTMENT OF HEALTH AND SOCIAL 08 SERVICES]; 09 * Sec. 3. AS 11.41.427(b)(2) is amended to read: 10 (2) "juvenile probation officer" means an officer described in 11 AS 47.12.270 [has the meaning given in AS 11.41.425]; 12 * Sec. 4. AS 11.41.470(3) is amended to read: 13 (3) "legal guardian" means a person who is under a duty to exercise 14 general supervision over a minor or other person committed to the custody of the 15 Department of Health and Social Services under AS 47.10 or AS 47.12 as a result of a 16 court order, statute, or regulation, and includes Department of Health and Social 17 Services employees, foster parents, and staff members and other employees of group 18 homes or youth facilities where the minor or other person is placed as a result of a 19 court order or the action of the Department of Health and Social Services, and police 20 officers, juvenile and adult probation officers, and social workers when those persons 21 are exercising custodial control over a minor or other person; 22 * Sec. 5. AS 11.41.470(5) is amended to read: 23 (5) "position of authority" means an employer, youth leader, scout 24 leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, 25 psychologist, guardian ad litem, babysitter, or a substantially similar position, and a 26 police officer or juvenile and adult probation officer other than when the officer is 27 exercising custodial control over a minor; 28 * Sec. 6. AS 11.56.760(a) is amended to read: 29 (a) A person commits the crime of violating an order to submit to DNA testing 30 if, when requested by a health care professional acting on behalf of the state to provide 31 a blood sample, oral sample, or both, or when requested by a juvenile or adult
01 correctional, probation, or parole officer or a peace officer to provide an oral sample, 02 the person refuses to provide the sample or samples and the person 03 (1) has been ordered to submit to DNA testing as part of a sentence 04 imposed under AS 12.55.015; 05 (2) has been convicted of or adjudicated delinquent for an offense 06 that requires DNA testing under the provisions of AS 44.41.035; or 07 (3) is required to register as a sex offender or child kidnapper under 08 AS 12.63. 09 * Sec. 7. AS 11.61.123(e) is amended to read: 10 (e) In this section, 11 (1) "picture" means a film, photograph, negative, slide, book, 12 newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and 13 (2) "private exposure" means that a person has exposed the person's 14 body or part of the body in a place, and under circumstances, that the person 15 reasonably believed would not result in the person's body or body parts being (A) 16 viewed by the defendant; or (B) produced in a picture; "private exposure" does not 17 include the exposure of a person's body or body parts in a law enforcement facility, 18 correctional facility, designated treatment facility, juvenile treatment facility, or a 19 juvenile detention facility; in this paragraph, "correctional facility" has the meaning 20 given in AS 33.30.901, "designated treatment facility" has the meaning given in 21 AS 47.30.915, and "juvenile detention facility" and "juvenile treatment facility" 22 have [HAS] the meaning given in AS 47.12.990. 23 * Sec. 8. AS 14.07.020(a) is amended to read: 24 (a) The department shall 25 (1) exercise general supervision over the public schools of the state 26 except the University of Alaska; 27 (2) study the conditions and needs of the public schools of the state, 28 adopt or recommend plans, administer and evaluate grants to improve school 29 performance awarded under AS 14.03.125, and adopt regulations for the improvement 30 of the public schools; the department may consult with the University of Alaska to 31 develop secondary education requirements to improve student achievement in college
01 preparatory courses; 02 (3) provide advisory and consultative services to all public school 03 governing bodies and personnel; 04 (4) prescribe by regulation a minimum course of study for the public 05 schools; the regulations must provide that, if a course in American Sign Language is 06 given, the course shall be given credit as a course in a foreign language; 07 (5) establish, in coordination with the Department of Health and Social 08 Services, a program for the continuing education of children who are held in juvenile 09 detention or treatment facilities in the state during the period of detention or 10 treatment; 11 (6) accredit those public schools that meet accreditation standards 12 prescribed by regulation by the department; these regulations shall be adopted by the 13 department and presented to the legislature during the first 10 days of any regular 14 session, and become effective 45 days after presentation or at the end of the session, 15 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 16 the members of each house; 17 (7) prescribe by regulation, after consultation with the state fire 18 marshal and the state sanitarian, standards that will ensure healthful and safe 19 conditions in the public and private schools of the state, including a requirement of 20 physical examinations and immunizations in pre-elementary schools; the standards for 21 private schools may not be more stringent than those for public schools; 22 (8) exercise general supervision over pre-elementary schools that 23 receive direct state or federal funding; 24 (9) exercise general supervision over elementary and secondary 25 correspondence study programs offered by municipal school districts or regional 26 educational attendance areas; the department may also offer and make available to any 27 Alaskan through a centralized office a correspondence study program; 28 (10) accredit private schools that request accreditation and that meet 29 accreditation standards prescribed by regulation by the department; nothing in this 30 paragraph authorizes the department to require religious or other private schools to be 31 licensed;
01 (11) review plans for construction of new public elementary and 02 secondary schools and for additions to and major rehabilitation of existing public 03 elementary and secondary schools and, in accordance with regulations adopted by the 04 department, determine and approve the extent of eligibility for state aid of a school 05 construction or major maintenance project; for the purposes of this paragraph, "plans" 06 include educational specifications, schematic designs, projected energy consumption 07 and costs, and final contract documents; 08 (12) provide educational opportunities in the areas of vocational 09 education and training, and basic education to individuals over 16 years of age who 10 are no longer attending school; the department may consult with businesses and labor 11 unions to develop a program to prepare students for apprenticeships or internships that 12 will lead to employment opportunities; 13 (13) administer the grants awarded under AS 14.11; 14 (14) establish, in coordination with the Department of Public Safety, a 15 school bus driver training course; 16 (15) require the reporting of information relating to school disciplinary 17 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 18 behavior; 19 (16) establish by regulation criteria, based on low student performance, 20 under which the department may intervene in a school district to improve instructional 21 practices, as described in AS 14.07.030(14) or (15); the regulations must include 22 (A) a notice provision that alerts the district to the deficiencies 23 and the instructional practice changes proposed by the department; 24 (B) an end date for departmental intervention, as described in 25 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 26 consecutive years of improvement consisting of not less than two percent 27 increases in student proficiency on standards-based assessments in language 28 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 29 (C) a process for districts to petition the department for 30 continuing or discontinuing the department's intervention; 31 (17) notify the legislative committees having jurisdiction over
01 education before intervening in a school district under AS 14.07.030(14) or redirecting 02 public school funding under AS 14.07.030(15). 03 * Sec. 9. AS 14.30.186(a) is amended to read: 04 (a) Special education and related services shall be provided by 05 (1) a borough or city school district for a child with a disability 06 residing within the district; 07 (2) the board of a regional educational attendance area operating a 08 school in the area for a child with a disability residing in the area served by the school; 09 (3) the borough, city school district, or regional educational attendance 10 area in which a juvenile detention or treatment facility or a correctional [OR YOUTH 11 DETENTION] facility is located for a child with a disability placed at the facility; 12 (4) a state boarding school established under AS 14.16 for a child with 13 a disability enrolled at a state boarding school; or 14 (5) a school district that provides a statewide correspondence study 15 program for a child with a disability who is enrolled in the program. 16 * Sec. 10. AS 17.37.070(6) is amended to read: 17 (6) "facility monitored by the department or the Department of 18 Administration" means an institution, building, office, or home operated by the 19 department or the Department of Administration, funded by the department or the 20 Department of Administration, under contract with the department or the Department 21 of Administration, inspected by the department or the Department of Administration, 22 designated by the department or the Department of Administration, or licensed by the 23 department or the Department of Administration, for the care of 24 (A) juveniles; for the purposes of this subparagraph, 25 "institution" includes a foster home and a group home, and a juvenile detention 26 facility, a treatment institution [A JUVENILE DETENTION HOME, A 27 JUVENILE WORK CAMP], and a juvenile treatment facility, as those terms 28 are defined in AS 47.12.990; 29 (B) the elderly; for the purposes of this subparagraph, 30 "institution" includes 31 (i) an assisted living home as defined in AS 47.33.990;
01 and 02 (ii) the Alaska Pioneers' Home or the Alaska Veterans' 03 Home, operated under AS 47.55; 04 (C) the mentally ill; for the purposes of this subparagraph, 05 "institution" includes a designated treatment facility and an evaluation facility, 06 as those terms are defined in AS 47.30.915; 07 * Sec. 11. AS 18.20.499(2) is amended to read: 08 (2) "health care facility" means a private, municipal, or state hospital; 09 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 10 facility; kidney disease treatment center, including freestanding hemodialysis units; 11 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 12 Alaska Veterans' Home administered by the Department of Health and Social Services 13 under AS 47.55; correctional facility owned or administered by the state; private, 14 municipal, or state facility employing one or more public health nurses; long-term care 15 facility; psychiatric hospital; residential psychiatric treatment center, as defined in 16 AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under 17 AS 47.12.990; juvenile detention facility; juvenile treatment facility; [JUVENILE 18 DETENTION HOME, JUVENILE WORK CAMP,] or treatment institution 19 [FACILITY] as defined in AS 47.12.990; 20 * Sec. 12. AS 47.10.141(c) is amended to read: 21 (c) A minor may be taken into emergency protective custody by a peace 22 officer and placed into temporary detention in a juvenile detention facility [HOME] in 23 the local community if there has been an order issued by a court under a finding of 24 probable cause that (1) the minor is a runaway in wilful violation of a valid court order 25 issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or 26 47.12.250(d), (2) the minor's current situation poses a severe and imminent risk to the 27 minor's life or safety, and (3) no reasonable placement alternative exists within the 28 community. A minor detained under this subsection shall be brought before a court on 29 the day the minor is detained, or if that is not possible, within 24 hours after the 30 detention for a hearing to determine the most appropriate placement in the best 31 interests of the minor. A minor taken into emergency protective custody under this
01 subsection may not be detained for more than 24 hours, except as provided under 02 AS 47.12.250. Emergency protective custody may not include placement of a minor in 03 an adult correctional facility, an adult [A] jail or a temporary secure juvenile 04 holding area [SECURE FACILITY OTHER THAN A JUVENILE DETENTION 05 HOME], nor may an order for protective custody be enforced against a minor who is 06 residing in a licensed program for runaway minors, as defined in AS 47.10.390. 07 * Sec. 13. AS 47.10.141(j) is amended by adding a new paragraph to read: 08 (3) "temporary secure juvenile holding area" has the meaning given in 09 AS 47.12.990. 10 * Sec. 14. AS 47.10.990(20) is amended to read: 11 (20) "juvenile detention facility [HOME]" is a separate establishment, 12 exclusively devoted to the detention of minors on a short-term basis and not a part of 13 an adult jail; 14 * Sec. 15. AS 47.12.025(c) is amended to read: 15 (c) If a person who is subject to the jurisdiction of this chapter due solely to 16 AS 47.12.020(b) has been arrested by a peace officer or a juvenile probation officer 17 under AS 47.12.245, detained under AS 47.12.250, or committed to the custody or 18 supervision of the department under AS 47.12.120(b) or 47.12.240, the department, 19 after consulting the peace officer or juvenile probation officer if appropriate, shall 20 make arrangements for the detention, placement, or supervision of the person. In the 21 discretion of the department, the person may be detained or placed in a juvenile 22 detention or treatment facility, temporary secure juvenile holding area, or in an 23 adult correctional facility. 24 * Sec. 16. AS 47.12.120(b) is amended to read: 25 (b) If the minor is not subject to (j) of this section and the court finds that the 26 minor is delinquent, it shall 27 (1) order the minor committed to the department for a period of time 28 not to exceed two years or in any event extend past the day the minor becomes 19 29 years of age, except that the department may petition for and the court may grant in a 30 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 31 19th birthday if the extension is in the best interests of the minor and the public; and
01 (B) an additional one-year period of supervision past age 19 if continued supervision 02 is in the best interests of the person and the person consents to it; the department shall 03 place the minor in the juvenile facility that the department considers appropriate and 04 that may include a juvenile [CORRECTIONAL SCHOOL, JUVENILE WORK 05 CAMP,] treatment facility, treatment institution [DETENTION HOME], or juvenile 06 detention facility; the minor may be released from placement or detention and placed 07 on probation on order of the court and may also be released by the department, in its 08 discretion, under AS 47.12.260; 09 (2) order the minor placed on probation, to be supervised by the 10 department, and released to the minor's parents, guardian, or a suitable person; if the 11 court orders the minor placed on probation, it may specify the terms and conditions of 12 probation; the probation may be for a period of time not to exceed two years and in no 13 event to extend past the day the minor becomes 19 years of age, except that the 14 department may petition for and the court may grant in a hearing 15 (A) two-year extensions of supervision that do not extend 16 beyond the minor's 19th birthday if the extension is in the best interests of the 17 minor and the public; and 18 (B) an additional one-year period of supervision past age 19 if 19 the continued supervision is in the best interests of the person and the person 20 consents to it; 21 (3) order the minor committed to the custody of the department and 22 placed on probation, to be supervised by the department and released to the minor's 23 parents, guardian, other suitable person, or suitable nondetention setting such as with a 24 relative or in a foster home or residential child care facility, whichever the department 25 considers appropriate to implement the treatment plan of the predisposition report; if 26 the court orders the minor placed on probation, it may specify the terms and conditions 27 of probation; the department may transfer the minor, in the minor's best interests, from 28 one of the probationary placement settings listed in this paragraph to another, and the 29 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 30 attorney are entitled to reasonable notice of the transfer; the probation may be for a 31 period of time not to exceed two years and in no event to extend past the day the
01 minor becomes 19 years of age, except that the department may petition for and the 02 court may grant in a hearing 03 (A) two-year extensions of commitment that do not extend 04 beyond the minor's 19th birthday if the extension is in the best interests of the 05 minor and the public; and 06 (B) an additional one-year period of supervision past age 19 if 07 the continued supervision is in the best interests of the person and the person 08 consents to it; 09 (4) order the minor and the minor's parent to make suitable restitution 10 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 11 under this paragraph, 12 (A) except as provided in (B) of this paragraph, the court may 13 not refuse to make an order of restitution to benefit the victim of the act of the 14 minor that is the basis of the delinquency adjudication; under this 15 subparagraph, the court may require the minor to use the services of a 16 community dispute resolution center that has been recognized by the 17 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 18 and the victim of the minor's offense as to the amount of or manner of payment 19 of the restitution; 20 (B) the court may not order payment of restitution by the parent 21 of a minor who is a runaway or missing minor for an act of the minor that was 22 committed by the minor after the parent has made a report to a law 23 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 24 away or is missing; for purposes of this subparagraph, "runaway or missing 25 minor" means a minor who a parent reasonably believes is absent from the 26 minor's residence for the purpose of evading the parent or who is otherwise 27 missing from the minor's usual place of abode without the consent of the 28 parent; and 29 (C) at the request of the department, the Department of Law, 30 the victims' advocate, or on its own motion, the court shall, at any time, order 31 the minor and the minor's parent, if applicable, to submit financial information
01 on a form approved by the Alaska Court System to the court, the department, 02 and the Department of Law for the purpose of establishing the amount of 03 restitution or enforcing an order of restitution under AS 47.12.170; the form 04 must include a warning that submission of incomplete or inaccurate 05 information is punishable as unsworn falsification in the second degree under 06 AS 11.56.210; 07 (5) order the minor committed to the department for placement in an 08 adventure-based education program established under AS 47.21.020 with conditions 09 the court considers appropriate concerning release upon satisfactory completion of the 10 program or commitment under (1) of this subsection if the program is not satisfactorily 11 completed; 12 (6) in addition to an order under (1) - (5) of this subsection, order the 13 minor to perform community service; for purposes of this paragraph, "community 14 service" includes work 15 (A) on a project identified in AS 33.30.901; or 16 (B) that, on the recommendation of the city council or 17 traditional village council, would benefit persons within the city or village who 18 are elderly or disabled; or 19 (7) in addition to an order under (1) - (6) of this subsection, order the 20 minor's parent or guardian to comply with orders made under AS 47.12.155, including 21 participation in treatment under AS 47.12.155(b)(1). 22 * Sec. 17. AS 47.12.120 is amended by adding a new subsection to read: 23 (l) The court shall order a minor who is adjudicated as a delinquent in this 24 state for an act committed when the minor was 16 years of age or older that would be 25 a crime against a person or a felony under AS 11 or AS 28.35 if committed by an adult 26 or for an act that would violate a law or ordinance with elements similar to a crime 27 against a person or a felony under AS 11 or AS 28.35 if committed by an adult to 28 submit to the collection of a blood sample, oral sample, or both for the 29 deoxyribonucleic acid identification registration system under AS 44.41.035. The 30 minor shall submit to the collection of 31 (1) the sample or samples when requested by a health care professional
01 acting on behalf of the state to provide the sample or samples; or 02 (2) an oral sample when requested by a juvenile probation officer, 03 juvenile facility staff, or peace officer. 04 * Sec. 18. AS 47.12.240(a) is amended to read: 05 (a) When a minor is in official detention pending the filing of a petition 06 with the court seeking adjudication of the minor as a delinquent minor or the 07 court commits a minor to the custody of the department, the department shall arrange 08 to place the minor in a juvenile detention facility, temporary secure juvenile 09 holding area [DETENTION HOME, WORK CAMP], or another suitable place that 10 the department designates for that purpose. Except under the conditions described in 11 [WHEN DETENTION IN A CORRECTIONAL FACILITY IS AUTHORIZED BY] 12 (c) of this section, the minor may not be incarcerated in a correctional facility that 13 houses adult prisoners. 14 * Sec. 19. AS 47.12.240(c) is amended to read: 15 (c) Notwithstanding (a) of this section, a minor may be incarcerated in an 16 adult [A] correctional facility, an adult jail, or a temporary secure juvenile holding 17 area only if the minor is not in sight or sound of adult prisoners, and one of the 18 following applies: 19 (1) [IF] the minor is the subject of a petition filed with the court under 20 this chapter seeking adjudication of the minor as a delinquent minor or [IF] the minor 21 is in official detention pending the filing of that petition; however, detention in an 22 adult [A] correctional facility, an adult jail, or a temporary secure juvenile holding 23 area under this paragraph may not exceed the lesser of 24 (A) six hours, except under the criteria listed in (e) of this 25 section; or 26 (B) the time necessary to arrange the minor's transportation to a 27 juvenile detention facility [HOME] or comparable facility for the detention of 28 minors; 29 (2) [IF,] in response to a petition of delinquency filed under this 30 chapter, the court has entered an order closing the case under AS 47.12.100(a), 31 allowing the minor to be prosecuted as an adult; or
01 (3) [IF] the minor is at least 16 years of age and the court has entered 02 an order under AS 47.12.160(e) imposing an adult sentence and transferring custody 03 of the minor to the Department of Corrections. 04 * Sec. 20. AS 47.12.245(b) is amended to read: 05 (b) A juvenile probation officer may arrest a minor if the juvenile probation 06 officer has probable cause to believe that the minor has violated conditions of the 07 minor's release or probation. 08 * Sec. 21. AS 47.12.250(a) is amended to read: 09 (a) A peace officer or a juvenile probation officer who has arrested, or a peace 10 officer who has continued the arrest of, a minor under AS 47.12.245 may 11 (1) have the minor detained in a juvenile detention facility or 12 temporary secure juvenile holding area if, in the opinion of the peace officer 13 making or continuing the arrest, it is necessary to do so to protect the minor or the 14 community; however, the department may direct that a minor who was arrested or 15 whose arrest was continued be released from detention before the hearing required by 16 (c) of this section; 17 (2) before taking the minor to a juvenile detention facility or 18 temporary secure juvenile holding area, release the minor to the minor's parents or 19 guardian if detention is not necessary to 20 (A) protect the minor or the community; or 21 (B) ensure the minor's attendance at subsequent court hearings. 22 * Sec. 22. AS 47.12.270 is repealed and reenacted to read: 23 Sec. 47.12.270. Juvenile probation officers. (a) The department shall employ 24 juvenile probation officers. A juvenile probation officer shall exercise the duties of a 25 probation officer and shall prepare preliminary investigations and assist and advise the 26 court in the furtherance of the welfare and control of a minor under the court's 27 jurisdiction. A juvenile probation officer shall also carry out other duties in the care 28 and treatment of minors that are consistent with the intent of this chapter. 29 (b) A juvenile probation officer has the powers of a peace officer with respect 30 to the service of process and arresting a minor when 31 (1) a court has issued an arrest warrant;
01 (2) there is probable cause to believe the minor has violated conditions 02 of release or probation; or 03 (3) probable cause exists for believing that the minor has escaped from 04 or unlawfully evaded a placement made under AS 47.12.120(b)(1). 05 * Sec. 23. AS 47.12.310(d) is amended to read: 06 (d) Upon request of a victim, the department shall make every reasonable 07 effort to notify the victim as soon as practicable, by telephone or in writing, when a 08 delinquent minor is to be released from placement [IN A JUVENILE FACILITY] 09 under AS 47.12.120(b)(1). The notice under this subsection must include the expected 10 date of the delinquent minor's release, the geographic area in which the delinquent 11 minor is required to reside, and other pertinent information concerning the delinquent 12 minor's conditions of release that may affect the victim. 13 * Sec. 24. AS 47.12.315(c) is amended to read: 14 (c) When required by this section to disclose information, the department may 15 disclose only the name of the minor, the name of each legal parent or guardian, the 16 specific offense for which the minor was adjudicated delinquent [ALLEGED TO 17 HAVE BEEN COMMITTED IN THE PETITION], and the final outcome of the court 18 proceedings relating to the offense. Before the disclosure, the department shall delete 19 the information that identifies the victim of the offense. 20 * Sec. 25. AS 47.12.990(7) is amended to read: 21 (7) "juvenile detention facility" means a separate establishment 22 exclusively devoted to [SEPARATE QUARTERS WITHIN A CITY JAIL USED 23 FOR] the detention of delinquent minors on a short-term basis and not a part of an 24 adult jail; 25 * Sec. 26. AS 47.12.990(12) is amended to read: 26 (12) "minor" means a person who is 27 (A) under 18 years of age at the time the person commits an 28 offense; and 29 (B) subject to the jurisdiction of the court under this 30 chapter; 31 * Sec. 27. AS 47.12.990(15) is amended to read:
01 (15) "treatment institution [FACILITY]" means a hospital, clinic, 02 institution, center, or other health care facility that has been designated by the 03 department for the treatment of juveniles; 04 * Sec. 28. AS 47.12.990 is amended by adding new paragraphs to read: 05 (17) "juvenile probation officer" means an officer described in 06 AS 47.12.270; 07 (18) "juvenile treatment facility" means a secure facility for treatment 08 of minors adjudicated delinquent and committed by a court to the care and custody of 09 the department under AS 47.12.120(b)(1); 10 (19) "temporary secure juvenile holding area" means separate quarters 11 that are used for the temporary detention of delinquent minors pending a court order or 12 transportation to a juvenile detention facility and that are not within sight or sound of 13 any adult prisoners. 14 * Sec. 29. AS 47.14.010 is amended to read: 15 Sec. 47.14.010. General powers of department over juvenile institutions. 16 The department may 17 (1) purchase, lease, or construct buildings or other facilities for the 18 care, detention, rehabilitation, and education of children in need of aid or delinquent 19 minors; 20 (2) adopt plans for construction of juvenile detention facilities 21 [HOMES, JUVENILE WORK CAMPS], juvenile treatment [DETENTION] 22 facilities, and other juvenile institutions; 23 (3) adopt standards and regulations for the design, construction, repair, 24 maintenance, and operation of all juvenile detention facilities, juvenile treatment 25 [HOMES, WORK CAMPS,] facilities, and institutions; 26 (4) inspect periodically each juvenile detention facility, juvenile 27 treatment [HOME, WORK CAMP,] facility, or other institution to ensure that the 28 standards and regulations adopted are being maintained; 29 (5) reimburse communities [CITIES] maintaining and operating 30 juvenile detention [HOMES, WORK CAMPS, AND] facilities; 31 (6) enter into contracts and arrangements with cities and state and
01 federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter; 02 (7) do all acts necessary to carry out the purposes of AS 47.10, 03 AS 47.12, and this chapter; 04 (8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, 05 and this chapter; 06 (9) accept donations, gifts, or bequests of money or other property for 07 use in construction of juvenile facilities, juvenile treatment [HOMES, WORK 08 CAMPS], institutions, or juvenile treatment [DETENTION] facilities; 09 (10) operate juvenile detention facilities [HOMES] when 10 municipalities are unable to do so; 11 (11) receive, care for, and place in a juvenile detention facility 12 [HOME], the minor's own home, a foster home, [OR] a juvenile treatment facility 13 [CORRECTIONAL SCHOOL, WORK CAMP], or treatment institution all minors 14 committed to its custody under AS 47.10, AS 47.12, and this chapter. 15 * Sec. 30. AS 47.14.020 is amended to read: 16 Sec. 47.14.020. Duties of department. The department shall 17 (1) accept all minors committed to the custody of the department and 18 all minors who are involved in a written agreement under AS 47.14.100(c), and 19 provide for the welfare, control, care, custody, and placement of these minors in 20 accordance with this chapter; 21 (2) require and collect statistics on juvenile offenses and offenders in 22 the state; 23 (3) conduct studies and prepare findings and recommendations on the 24 need, number, type, construction, maintenance, and operating costs of juvenile 25 detention facilities and juvenile treatment [HOMES, WORK CAMPS,] facilities, 26 and the other institutions, and adopt and submit a plan for construction of the 27 [HOMES, WORK CAMPS,] facilities [,] and institutions when needed, together with 28 a plan for financing the construction programs; 29 (4) examine, where possible, all facilities, institutions, [WORK 30 CAMPS,] and places of juvenile detention and treatment in the state and inquire into 31 their methods and the management of juveniles in them.
01 * Sec. 31. AS 47.14.040(a) is amended to read: 02 (a) A community or entity [CITY] may maintain and operate a temporary 03 secure juvenile holding area [JUVENILE DETENTION FACILITY], and a 04 community [CITY] or a nonprofit corporation may maintain and operate a juvenile 05 detention or treatment facility [HOME OR A JUVENILE WORK CAMP]. 06 * Sec. 32. AS 47.14.050(a) is repealed and reenacted to read: 07 (a) The department shall adopt standards and regulations for the operation of 08 juvenile detention facilities and juvenile treatment facilities in the state. 09 * Sec. 33. AS 47.14.990(7) is amended to read: 10 (7) "juvenile detention facility" has the meaning given in 11 AS 47.12.990 [MEANS SEPARATE QUARTERS WITHIN A CITY JAIL USED 12 FOR THE DETENTION OF DELINQUENT MINORS]; 13 * Sec. 34. AS 47.14.990(10) is amended to read: 14 (10) "minor" has the meaning given in AS 47.12.990 [MEANS A 15 PERSON UNDER 18 YEARS OF AGE]; 16 * Sec. 35. AS 47.14.990 is amended by adding new paragraphs to read: 17 (12) "juvenile probation officer" means an officer described in 18 AS 47.12.270; 19 (13) "juvenile treatment facility" has the meaning given in 20 AS 47.12.990; 21 (14) "temporary secure juvenile holding area" has the meaning given 22 in AS 47.12.990. 23 * Sec. 36. AS 47.17.020(a), as amended by sec. 20, ch. 2, SSSLA 2015, is amended to read: 24 (a) The following persons who, in the performance of their occupational 25 duties, their appointed duties under (8) of this subsection, or their volunteer duties 26 under (9) of this subsection, have reasonable cause to suspect that a child has suffered 27 harm as a result of child abuse or neglect shall immediately report the harm to the 28 nearest office of the department: 29 (1) practitioners of the healing arts; 30 (2) school teachers and school administrative staff members, including 31 athletic coaches, of public and private schools;
01 (3) peace officers and officers of the Department of Corrections; 02 (4) administrative officers of institutions; 03 (5) child care providers; 04 (6) paid employees of domestic violence and sexual assault programs, 05 and crisis intervention and prevention programs as defined in AS 18.66.990; 06 (7) paid employees of an organization that provides counseling or 07 treatment to individuals seeking to control their use of drugs or alcohol; 08 (8) members of a child fatality review team established under 09 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 10 under AS 47.14.300; 11 (9) volunteers who interact with children in a public or private school 12 for more than four hours a week; 13 (10) juvenile probation officers, juvenile probation office staff, and 14 staff of juvenile detention and treatment facilities. 15 * Sec. 37. AS 47.12.990(8), 47.12.990(9); AS 47.14.990(8), and 47.14.990(9) are repealed. 16 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION: REGULATIONS. The Department of Health and Social Services may 19 adopt regulations necessary to implement the changes made by this Act. The regulations take 20 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 21 relevant provision of this Act implemented by the regulation. 22 * Sec. 39. Section 36 of this Act takes effect on the effective date of sec. 20, ch. 2, SSSLA 23 2015. 24 * Sec. 40. Section 38 of this Act takes effect immediately under AS 01.10.070(c).