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HB 105: "An Act relating to the duties of the commissioner of corrections; relating to the detention of minors; relating to minors subject to adult courts; relating to the placement of minors in adult correctional facilities; and providing for an effective date."

00 HOUSE BILL NO. 105 01 "An Act relating to the duties of the commissioner of corrections; relating to the 02 detention of minors; relating to minors subject to adult courts; relating to the placement 03 of minors in adult correctional facilities; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 33.30.011(a) is amended to read: 06 (a) The commissioner shall 07 (1) establish, maintain, operate, and control correctional facilities 08 suitable for the custody, care, and discipline of persons charged or convicted of 09 offenses against the state or held under authority of state law; each correctional facility 10 operated by the state shall be established, maintained, operated, and controlled in a 11 manner that is consistent with AS 33.30.015; 12 (2) classify prisoners; 13 (3) for persons committed to the custody of the commissioner, 14 establish programs, including furlough programs that are reasonably calculated to

01 (A) protect the public and the victims of crimes committed by 02 prisoners; 03 (B) maintain health; 04 (C) create or improve occupational skills; 05 (D) enhance educational qualifications; 06 (E) support court-ordered restitution; and 07 (F) otherwise provide for the rehabilitation and reformation of 08 prisoners, facilitating their reintegration into society; 09 (4) provide necessary 10 (A) medical services for prisoners in correctional facilities or 11 who are committed by a court to the custody of the commissioner, including 12 examinations for communicable and infectious diseases; 13 (B) psychological or psychiatric treatment if a physician or 14 other health care provider, exercising ordinary skill and care at the time of 15 observation, concludes that 16 (i) a prisoner exhibits symptoms of a serious disease or 17 injury that is curable or may be substantially alleviated; and 18 (ii) the potential for harm to the prisoner by reason of 19 delay or denial of care is substantial; and 20 (C) assessment or screening of the risks and needs of offenders 21 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 22 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 23 disorder; 24 (5) establish minimum standards for sex offender treatment programs 25 offered to persons who are committed to the custody of the commissioner; 26 (6) provide for fingerprinting in correctional facilities in accordance 27 with AS 12.80.060; 28 (7) establish a program to conduct assessments of the risks and needs 29 of offenders sentenced to serve a term of incarceration of 90 days or more; the 30 program must include a requirement for an assessment before a prisoner's release on 31 parole, furlough, or electronic monitoring from a correctional facility;

01 (8) establish a procedure that provides for each prisoner required to 02 serve an active term of imprisonment of 90 days or more a written case plan that 03 (A) takes effect and is provided to the prisoner within 90 days 04 after sentencing; 05 (B) is based on the results of the assessment of the prisoner's 06 risks and needs under (7) of this subsection; 07 (C) includes a requirement to follow the rules of the institution; 08 (D) is modified when necessary for changes in classification, 09 housing status, medical or mental health, and resource availability; 10 (E) includes participation in programming that addresses the 11 needs identified in the assessment; 12 (9) establish a program to begin reentry planning with each prisoner 13 serving an active term of imprisonment of 90 days or more; reentry planning must 14 begin at least 90 days before release on furlough or probation or parole; the reentry 15 program must include 16 (A) a written reentry plan for each prisoner completed upon 17 release on furlough or probation or parole that includes information on the 18 prisoner's proposed 19 (i) residence; 20 (ii) employment or alternative means of support; 21 (iii) treatment options; 22 (iv) counseling services; 23 (v) education or job training services; 24 (B) any other requirements for successful transition back to the 25 community, including electronic monitoring or furlough for the period between 26 a scheduled parole hearing and parole eligibility; 27 (C) coordination with the Department of Labor and Workforce 28 Development to provide access, after release, to job training and employment 29 assistance; and 30 (D) coordination with community reentry coalitions or other 31 providers of reentry services if available;

01 (10) for offenders under electronic monitoring, establish 02 (A) minimum standards for electronic monitoring, which may 03 include the requirement of active, real-time monitoring using global 04 positioning systems; and 05 (B) procedures for oversight and approving electronic 06 monitoring programs and systems provided by private contractors; 07 (11) assist a prisoner in obtaining a valid state identification card if the 08 prisoner does not have a valid state identification card before the prisoner's release; the 09 department shall pay the application fee for the identification card; and 10 (12) provide to the legislature, by electronic means, by January 10 11 preceding the first regular session of each legislature, a report summarizing the 12 findings and results of the program established under (7) of this subsection; the report 13 must include 14 (A) the number of prisoners who were provided with written 15 case plans under (8) of this subsection; 16 (B) the number of written case plans under (8) of this 17 subsection initiated within the preceding year; and 18 (C) the number of written case plans under (8) of this 19 subsection that were updated in the preceding year; 20 (13) enter into agreements with the Department of Health and 21 Social Services, consistent with the provisions of AS 47.12.105, for the detention 22 and care of minors committed to the custody of the department under 23 AS 47.12.030(a) and 47.12.100. 24 * Sec. 2. AS 47.10.141(c) is amended to read: 25 (c) A minor may be taken into emergency protective custody by a peace officer 26 and placed into temporary detention in a juvenile detention home in the local 27 community if there has been an order issued by a court under (k) of this section [A 28 FINDING OF PROBABLE CAUSE THAT (1) THE MINOR IS A RUNAWAY IN 29 WILFUL VIOLATION OF A VALID COURT ORDER ISSUED UNDER 30 AS 47.10.080(C)(1), 47.10.142(F), AS 47.12.120(B)(1) OR (3), OR 47.12.250(D), (2) 31 THE MINOR'S CURRENT SITUATION POSES A SEVERE AND IMMINENT

01 RISK TO THE MINOR'S LIFE OR SAFETY, AND (3) NO REASONABLE 02 PLACEMENT ALTERNATIVE EXISTS WITHIN THE COMMUNITY]. A minor 03 detained under this subsection shall be brought before a court on the day the minor is 04 detained, or, if that is not possible, within 24 hours after the detention for a hearing to 05 determine the most appropriate placement in the best interests of the minor. A minor 06 taken into emergency protective custody under this subsection may not be detained for 07 more than 24 hours, except as provided under AS 47.12.250. Emergency protective 08 custody may not include placement of a minor in a jail or secure facility other than a 09 juvenile detention home, nor may an order for protective custody be enforced against a 10 minor who is residing in a licensed program for runaway minors, as defined in 11 AS 47.10.390. 12 * Sec. 3. AS 47.10.141 is amended by adding a new subsection to read: 13 (k) The court shall issue a written order if the court determines that a minor 14 shall be placed in a juvenile detention home as a result of violating a court order 15 issued under AS 47.10.080(c)(1) or 47.10.142(f). An order issued under this 16 subsection 17 (1) must include a finding or probable cause that the minor is a 18 runaway in willful violation of a court order, and identify the court order the minor 19 violated; 20 (2) must specify the factual basis for determining that there is 21 reasonable cause to believe that the minor has violated a court order; 22 (3) must describe how the minor's current situation poses a severe and 23 imminent risk to the minor's life or safety; 24 (4) must include findings of fact to support a determination that there 25 is no appropriate, less restrictive alternative available to placing the minor in a 26 juvenile detention home, with due consideration to the best interests of the minor; 27 (5) must include a plan for the minor's release from the juvenile 28 detention home within the least amount of time necessary, not to exceed seven days 29 unless otherwise specified by the court; 30 (6) may not be renewed or extended. 31 * Sec. 4. AS 47.12.020 is amended by adding a new subsection to read:

01 (c) The provisions of this chapter apply to the detention and care of a person 02 who is alleged to have committed a violation of a criminal law of the state or local 03 government, subject to the provisions of AS 47.12.030(a), 47.12.100, and 47.12.105. 04 * Sec. 5. AS 47.12.022 is amended to read: 05 Sec. 47.12.022. Applicability; inclusion of certain persons as minors. 06 Except as provided in AS 47.12.025, the provisions of this chapter apply to a person 07 who is 18 years of age or older and who is subject to the jurisdiction of this chapter 08 due [SOLELY] to AS 47.12.020(b) or 47.12.020(c). To implement AS 47.12.020(b), 09 47.12.020(c), and this section, the term "minor" as used in this chapter includes a 10 person described in this section. 11 * Sec. 6. AS 47.12.030(a) is amended to read: 12 (a) When a minor who was at least 16 years of age at the time of the offense is 13 charged by complaint, information, or indictment with an offense specified in this 14 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 15 for which the minor is charged or to any additional offenses joinable to it under the 16 applicable rules of court governing criminal procedure. Except as provided in 17 AS 47.12.105, the [THE] minor shall be charged, held, transported, released on bail, 18 prosecuted, sentenced, and incarcerated in the same manner as an adult. If the minor is 19 convicted of an offense other than an offense specified in this subsection, the minor 20 may attempt to prove, by a preponderance of the evidence, that the minor is amenable 21 to treatment under this chapter. If the court finds that the minor is amenable to 22 treatment under this chapter, the minor shall be treated as though the charges had been 23 heard under this chapter, and the court shall order disposition of the charges of which 24 the minor is convicted under AS 47.12.120(b). The provisions of this subsection apply 25 when the minor is charged by complaint, information, or indictment with an offense 26 (1) that is an unclassified felony or a class A felony and the felony is a 27 crime against a person; 28 (2) of arson in the first degree; 29 (3) that is a class B felony and the felony is a crime against a person in 30 which the minor is alleged to have used a deadly weapon in the commission of the 31 offense and the minor was previously adjudicated as a delinquent or convicted as an

01 adult, in this or another jurisdiction, as a result of an offense that involved use of a 02 deadly weapon in the commission of a crime against a person or an offense in another 03 jurisdiction having elements substantially identical to those of a crime against a 04 person, and the previous offense was punishable as a felony; in this paragraph, “deadly 05 weapon” has the meaning given in AS 11.81.900(b); or 06 (4) that is misconduct involving weapons in the first degree under 07 (A) AS 11.61.190(a)(1); or 08 (B) AS 11.61.190(a)(2) when the firearm was discharged under 09 circumstances manifesting substantial and unjustifiable risk of physical injury 10 to a person. 11 * Sec. 7. AS 47.12.100(a) is amended to read: 12 (a) If the court finds at a hearing on a petition that there is probable cause for 13 believing that a minor is delinquent and finds that the minor is not amenable to 14 treatment under this chapter, it shall order the case closed. Subject to the provisions 15 of AS 47.12.105, after [AFTER] a case is closed under this subsection, the minor may 16 be charged, held, transported, released on bail, prosecuted, sentenced, and 17 incarcerated in the same manner [PROSECUTED] as an adult. 18 * Sec. 8. AS 47.12 is amended by adding a new section to read: 19 Sec. 47.12.105. Minor offenders subject to adult court. (a) Except as 20 provided in (b) and (c) of this section, the department shall enter into agreements with 21 the Department of Corrections for the detention and care of minors subject to the 22 provisions of AS 47.12.030(a) or 47.12.100. A minor shall be transferred to a facility 23 operated by the Department of Corrections when the minor turns 18 years of age. 24 (b) Except as provided in (c) of this section, a minor held in an adult 25 correctional facility for more than four hours to attend court proceedings shall be 26 separated by sight and sound from adult offenders. 27 (c) If there is no available juvenile detention facility or a minor poses a serious 28 security risk, a court may order, in the interest of justice, that a minor be held in an 29 adult correctional facility with or without sight and sound separation from adult 30 offenders. In making this decision, the court shall consider 31 (1) the age of the minor;

01 (2) the physical and mental maturity of the minor; 02 (3) the present mental state of the minor, including whether the minor 03 presents an imminent risk of harm to the minor; 04 (4) the nature and circumstances of the alleged offense; 05 (5) the minor's history of prior delinquent acts; 06 (6) the relative ability of an available adult or juvenile detention 07 facility to both meet the specific needs of the minor and protect the safety of the public 08 and other detained minors; and 09 (7) other relevant factors. 10 (d) If a court determines under (c) of this section that it is in the interest of 11 justice to permit a minor to be held in an adult correctional facility, 12 (1) the court shall hold a hearing not less than once every 30 days to 13 review the determination that the minor may be held under the ordered circumstances; 14 (2) a minor may not be held in an adult correctional facility, or 15 permitted to have sight or sound contact with adult offenders for more than 180 days, 16 unless the court, in writing, determines that there is good cause for an extension or the 17 minor expressly waives this limitation. 18 (e) A minor detained under (a) of this section shall be detained in a secure 19 facility and receive credit, including credit under AS 33.20.010, for time spent in a 20 department facility pending trial, sentencing, or appeal, if the detention is in 21 connection with an offense for which a sentence is imposed. 22 * Sec. 9. AS 47.12.150(a) is amended to read: 23 (a) When a minor is committed under AS 47.12.120(b)(1) or (3) or 47.12.240 24 to the department, detained by the department on behalf of the Department of 25 Corrections under AS 33.30.011 and AS 47.12.105, or released under 26 AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable person, a 27 relationship of legal custody exists. This relationship imposes on the state 28 [DEPARTMENT] and its authorized agents or the parents, guardian, or other suitable 29 person the responsibility of physical care and control of the minor, the determination 30 of where and with whom the minor shall live, the right and duty to protect, train, and 31 discipline the minor, and the duty of providing the minor with food, shelter, education,

01 and medical care. These obligations are subject to any residual parental rights and 02 responsibilities and rights and responsibilities of a guardian if one has been appointed. 03 When a minor is committed to the department and the department places the minor 04 with the minor's parent, the parent has the responsibility to provide and pay for food, 05 shelter, education, and medical care for the minor. When parental rights have been 06 terminated, or there are no living parents and a guardian has not been appointed, the 07 responsibilities of legal custody include those in (b) and (c) of this section. The 08 department or person having legal custody of the minor may delegate any of the 09 responsibilities under this section, except authority to consent to marriage, adoption, 10 and military enlistment may not be delegated. For purposes of this chapter, a person in 11 charge of a placement setting is an agent of the department. 12 * Sec. 10. AS 47.12.160(e) is amended to read: 13 (e) If a petition is filed under (d) of this section and if the court finds by a 14 preponderance of the evidence that the minor has committed a subsequent felony 15 offense that is a crime against a person or is the crime of arson, the court shall impose 16 the adult sentence previously pronounced under AS 47.12.120(j) and, subject to 17 AS 47.12.105,transfer custody of the minor to the Department of Corrections. If the 18 court finds by a preponderance of the evidence that any of the other circumstances set 19 out in (d)(1) - (5) of this section exist, the court shall impose the adult sentence 20 previously pronounced and, subject to AS 47.12.105, transfer custody of the minor to 21 the Department of Corrections unless the minor proves by preponderance of the 22 evidence that mitigating circumstances exist that justify a continuance in the stay of 23 the adult sentence and the minor is amenable to further treatment under this chapter. 24 The court shall make written findings to support its order. 25 * Sec. 11. AS 47.12.240(a) is amended to read: 26 (a) When the court commits a minor to the custody of the department, the 27 department shall arrange to place the minor in a detention home, work camp, or 28 another suitable place that the department designates for that purpose. Except when 29 detention in a correctional facility is authorized by AS 47.12.105 or (c) of this section, 30 the minor may not be incarcerated in a correctional facility that houses adult prisoners. 31 * Sec. 12. AS 47.12.250(a) is amended to read:

01 (a) A peace officer or a probation officer who has arrested or a peace officer 02 who has continued the arrest of a minor under AS 47.12.245 or pursuant to criminal 03 allegations under AS 47.12.030 may 04 (1) have the minor detained in a juvenile detention facility if in the 05 opinion of the peace officer making or continuing the arrest it is necessary to do so to 06 protect the minor or the community; however, the department may direct that a minor 07 who is subject to delinquency proceedings and who was arrested or whose arrest 08 was continued be released from detention before the hearing required by (c) of this 09 section; 10 (2) before taking the minor to a juvenile detention facility, release the 11 minor to the minor’s parents or guardian if detention is not necessary to 12 (A) protect the minor or the community; or 13 (B) ensure the minor's attendance at subsequent court hearings. 14 * Sec. 13. AS 47.12.250 is amended by adding a new subsection to read: 15 (f) A minor arrested pursuant to criminal allegations under AS 47.12.030 is 16 subject to adult court processes and may be held in a juvenile detention facility under 17 AS 47.12.105. 18 * Sec. 14. AS 47.12.310(a) is amended to read: 19 (a) Except as specified in AS 47.12.315, 47.12.320, and (b) - (g) and (i) of this 20 section, all information and social records pertaining to a minor who is subject to this 21 chapter or AS 47.17, or who is in the department's care under AS 47.12.105, 22 prepared by or in the possession of a federal, state, or municipal agency or employee 23 in the discharge of the agency's or employee's official duty, including driver's license 24 actions under AS 28.15.185, are privileged and may not be disclosed directly or 25 indirectly to anyone without a court order. 26 * Sec. 15. AS 47.12.310(b) is amended to read: 27 (b) A state or municipal agency or employee shall disclose 28 (1) information regarding a case to a federal, state, or municipal law 29 enforcement agency for a specific investigation being conducted by that agency; 30 (2) appropriate information regarding a case to 31 (A) a guardian ad litem appointed by the court;

01 (B) a person or an agency requested by the department or the 02 minor's legal custodian to provide consultation or services for a minor who is 03 subject to the jurisdiction of the court under this chapter as necessary to enable 04 the provision of the consultation or services; 05 (C) school officials as may be necessary to protect the safety of 06 the minor who is the subject of the case and the safety of school students and 07 staff or to enable the school to provide appropriate counseling and supportive 08 services to meet the needs of a minor about whom information is disclosed; 09 (D) a governmental agency as may be necessary to obtain that 10 agency's assistance for the department in its investigation or to obtain physical 11 custody of a minor; 12 (E) a law enforcement or corrections agency of this state or 13 another jurisdiction as may be necessary for the protection, rehabilitation, care, 14 or supervision of any minor or former juvenile offender or for actions by that 15 agency to protect the public safety; 16 (F) a victim or to the victim's insurance company as may be 17 necessary to inform the victim or the insurance company about the arrest of the 18 minor, including the minor's name and the names of the minor's parents, copies 19 of reports, or the disposition or resolution of a case involving a minor; 20 (G) the state medical examiner under AS 12.65 as may be 21 necessary to perform the duties of the state medical examiner; 22 (H) foster parents or relatives with whom the child is placed by 23 the department as may be necessary to enable the foster parents or relatives to 24 provide appropriate care for the child who is the subject of the case, to protect 25 the safety of the child who is the subject of the case, and to protect the safety 26 and property of family members and visitors of the foster parents or relatives; 27 (I) the Department of Law or its agent for use and subsequent 28 release if necessary for collection of an order of restitution on behalf of the 29 recipient; 30 (J) the Violent Crimes Compensation Board established in 31 AS 18.67.020 for use in awarding compensation under AS 18.67.080;

01 (K) a state, municipal, or federal agency of this state or another 02 jurisdiction that has the authority to license adult or children's facilities and 03 services; 04 (L) a child placement agency licensed under AS 47.32 as 05 necessary to provide services for a minor who is subject to the jurisdiction of 06 the court under this chapter; and 07 (M) a state or municipal agency of this state or another 08 jurisdiction that is responsible for child protection services, as may be 09 necessary for the administration of services, protection, rehabilitation, or 10 supervision of a minor or for actions by the agency to protect the public safety; 11 (N) the Department of Corrections as necessary for the 12 administration of services, protection, rehabilitation, or supervision of any 13 minor for release to the public as authorized by law, or as necessary to 14 transfer detention of a minor held under AS 47.12.105; and 15 (3) to the University of Alaska under the Alaska higher education 16 savings program for children established under AS 47.14.400 information that is 17 necessary to support the program, but only if the information released is maintained as 18 a confidential record by the University of Alaska. 19 * Sec. 16. AS 47.12.240(c)(2) and 47.12.240(c)(3) are repealed. 20 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. This Act applies to minors subject to AS 47.12.030(a) and 23 47.12.100 who are held in a facility operated by the Department of Corrections or a facility 24 operated by the Department of Health and Social Services on or after the effective date of this 25 Act. 26 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 REVISOR'S INSTRUCTION. If this Act and an executive order that is submitted by 29 the governor to the Thirty-Second Alaska State Legislature in the First Regular Session 30 reorganizing the Department of Health and Social Services both become law, the revisor of 31 statutes is requested to give effect to the provisions of this Act and the executive order,

01 including sec. 1 of this Act, by changing the "Department of Health and Social Services" to 02 the "Department of Family and Community Services." 03 * Sec. 19. This Act takes effect July 1, 2021.