CSSB 91(HSS): "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 CS FOR SENATE BILL NO. 91(HSS) 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; and 20 (13) enter into an agreement 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 a minor who is waived into adult court under AS 47.12.030 or 23 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 26 officer 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 (k) of this section [AS 47.12.250]. 08 Emergency protective custody may not include placement of a minor in a jail or secure 09 facility other than a juvenile detention home, nor may an order for protective custody 10 be enforced against a minor who is residing in a licensed program for runaway minors, 11 as defined in 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 of probable cause that the minor is a 18 runaway in wilful violation of a court order and identify the court order the minor has 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 not an appropriate, less restrictive alternative to placing the minor in a juvenile 26 detention home available, 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 in the least amount of time necessary, not to exceed seven days unless 29 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 (c). To implement AS 47.12.020(b) and (c) and 09 this section, the term "minor" as used in this chapter includes a person described in 10 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. Subject to the provisions of 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. Detention of minors waived into adult court. (a) Except as 20 provided in AS 47.12.240, the department, by agreement with the Department of 21 Corrections, shall detain and care for waived minors. The department shall transfer a 22 waived minor to a facility operated by the Department of Corrections when the waived 23 minor reaches 18 years of age. 24 (b) Except as provided in (c) of this section, a waived minor held in an adult 25 correctional facility for more than four hours to attend court proceedings must be 26 separated by sight and sound from adult offenders. 27 (c) If there is not an available juvenile detention facility in a community where 28 a trial is being held or if a juvenile facility is inappropriate for a waived minor, the 29 department may request that the court order, in the interest of justice, that a waived 30 minor be held in an adult correctional facility with or without sight and sound 31 separation from adult offenders. In making this decision, the court shall consider
01 (1) the age of the waived minor; 02 (2) the physical and mental maturity of the waived minor; 03 (3) the present mental state of the waived minor, including whether the 04 waived minor presents an imminent risk of harm to self; 05 (4) the nature and circumstances of the alleged offense; 06 (5) the waived minor's history of prior delinquent acts; 07 (6) the relative ability of an available adult or juvenile detention 08 facility to meet the specific needs of the waived minor and protect the safety of the 09 public and other detained minors; and 10 (7) other relevant factors. 11 (d) If a court determines under (c) of this section that it is in the interest of 12 justice to permit a waived minor to be held in an adult correctional facility, 13 (1) the department shall request a hearing not less than once every 30 14 days to review the determination that the waived minor may be held under the ordered 15 circumstances; 16 (2) the waived minor may not be held in an adult correctional facility, 17 or permitted to have sight or sound contact with adult offenders, for more than 180 18 days, unless the court determines in writing that there is good cause for an extension 19 or the waived minor expressly waives this limitation. 20 (e) A waived minor detained under (a) of this section shall be detained in a 21 secure juvenile facility and receive credit, including a good time deduction under 22 AS 33.20.010, for time spent in a department facility pending trial, sentencing, or 23 appeal, if the detention is in connection with an offense for which a sentence is 24 imposed. 25 (f) A waived minor who is detained in an adult correctional facility under (c) 26 of this section is entitled to counsel at a review hearing held under (d) of this section. 27 (g) In this section, "waived minor" means an individual who commits an 28 offense while under the age of 18 and is waived into adult court under AS 47.12.030 29 or 47.12.100. 30 * Sec. 9. AS 47.12.150(a) is amended to read: 31 (a) When a minor is committed to the department under AS 47.12.120(b)(1)
01 or (3) or 47.12.240, detained by the department on behalf of the Department of 02 Corrections under AS 33.30.011 and AS 47.12.105, [TO THE DEPARTMENT] or 03 released under AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable 04 person, a relationship of legal custody exists. This relationship imposes on the state 05 [DEPARTMENT] and its authorized agents or the parents, guardian, or other suitable 06 person the responsibility of physical care and control of the minor, the determination 07 of where and with whom the minor shall live, the right and duty to protect, train, and 08 discipline the minor, and the duty of providing the minor with food, shelter, education, 09 and medical care. These obligations are subject to any residual parental rights and 10 responsibilities and rights and responsibilities of a guardian if one has been appointed. 11 When a minor is committed to the department and the department places the minor 12 with the minor's parent, the parent has the responsibility to provide and pay for food, 13 shelter, education, and medical care for the minor. When parental rights have been 14 terminated, or there are no living parents and a guardian has not been appointed, the 15 responsibilities of legal custody include those in (b) and (c) of this section. The 16 department or person having legal custody of the minor may delegate any of the 17 responsibilities under this section, except authority to consent to marriage, adoption, 18 and military enlistment may not be delegated. For purposes of this chapter, a person in 19 charge of a placement setting is an agent of the department. 20 * Sec. 10. AS 47.12.160(e) is amended to read: 21 (e) If a petition is filed under (d) of this section and if the court finds by a 22 preponderance of the evidence that the minor has committed a subsequent felony 23 offense that is a crime against a person or is the crime of arson, the court shall impose 24 the adult sentence previously pronounced under AS 47.12.120(j) and, subject to 25 AS 47.12.105, transfer custody of the minor to the Department of Corrections. If the 26 court finds by a preponderance of the evidence that any of the other circumstances set 27 out in (d)(1) - (5) of this section exist, the court shall impose the adult sentence 28 previously pronounced and, subject to AS 47.12.105, transfer custody of the minor to 29 the Department of Corrections unless the minor proves by preponderance of the 30 evidence that mitigating circumstances exist that justify a continuance in the stay of 31 the adult sentence and the minor is amenable to further treatment under this chapter.
01 The court shall make written findings to support its order. 02 * Sec. 11. AS 47.12.240(a) is amended to read: 03 (a) When the court commits a minor to the custody of the department, the 04 department shall arrange to place the minor in a detention home, work camp, or 05 another suitable place that the department designates for that purpose. Except when 06 detention in a correctional facility is authorized by AS 47.12.105 or (c) of this section, 07 the minor may not be incarcerated in a correctional facility that houses adult prisoners. 08 * Sec. 12. AS 47.12.240(c) is amended to read: 09 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 10 correctional facility 11 [(1)] if the minor is arrested for criminal charges under 12 AS 47.12.030(a), if the minor is the subject of a petition filed with the court under 13 this chapter seeking adjudication of the minor as a delinquent minor, or if the minor is 14 in official detention pending the filing of that petition; however, detention in a 15 correctional facility under this paragraph may not exceed the lesser of 16 (1) [(A)] six hours, except under the criteria listed in (e) of this section; 17 or 18 (2) [(B)] the time necessary to arrange the minor's transportation to a 19 juvenile detention home or comparable facility for the detention of minors [; 20 (2) IF, IN RESPONSE TO A PETITION OF DELINQUENCY FILED 21 UNDER THIS CHAPTER, THE COURT HAS ENTERED AN ORDER CLOSING 22 THE CASE UNDER AS 47.12.100(a), ALLOWING THE MINOR TO BE 23 PROSECUTED AS AN ADULT; OR 24 (3) IF THE MINOR IS AT LEAST 16 YEARS OF AGE AND THE 25 COURT HAS ENTERED AN ORDER UNDER AS 47.12.160(e) IMPOSING AN 26 ADULT SENTENCE AND TRANSFERRING CUSTODY OF THE MINOR TO 27 THE DEPARTMENT OF CORRECTIONS]. 28 * Sec. 13. AS 47.12.240(d) is amended to read: 29 (d) When a minor is detained under (c) [(c)(1)] of this section and incarcerated 30 in a correctional facility, the minor shall be 31 (1) assigned to quarters in the correctional facility that are separate
01 from quarters used to house adult prisoners so that the minor cannot communicate 02 with or view adults who are in official detention; 03 (2) provided admission, health care, hygiene, and food services and 04 recreation and visitation opportunities separate from services and opportunities 05 provided to adults who are in official detention. 06 * Sec. 14. AS 47.12.240(e) is amended to read: 07 (e) Notwithstanding the limitation on detention set out in (c) [(c)(1)] of this 08 section, a minor whose detention is authorized by (c) [(c)(1)] of this section may be 09 detained in a correctional facility for up to 24 hours when the authority having 10 jurisdiction over the minor under this chapter is outside a metropolitan statistical area 11 under the current designation of the United States Bureau of the Census and the 12 authority has no existing acceptable alternative placement available for the minor. The 13 minor may be held in secure custody beyond the 24-hour period if the criteria set out 14 in this subsection are met and if the correctional facility is located where conditions of 15 (1) distance to be traveled or the lack of highway, road, or other 16 ground transportation do not allow for court appearances within 24 hours, in which 17 case the minor may be held for up to an additional 48 hours at the correctional facility; 18 or 19 (2) lack of safety exist, such as severely adverse, life-threatening 20 weather conditions that do not allow for reasonably safe travel, in which case the time 21 for an appearance may be delayed until 24 hours after the time that the conditions 22 become safe. 23 * Sec. 15. AS 47.12.240(f) is amended to read: 24 (f) A detention authorized by (e) of this section may not exceed the time 25 necessary to satisfy the requirement of (c)(2) [(c)(1)(B)] of this section. 26 * Sec. 16. AS 47.12.250(a) is amended to read: 27 (a) A peace officer or a probation officer who has arrested or a peace officer 28 who has continued the arrest of a minor under AS 47.12.245 or for criminal charges 29 under AS 47.12.030 may 30 (1) have the minor detained in a juvenile detention facility if in the 31 opinion of the peace officer making or continuing the arrest it is necessary to do so to
01 protect the minor or the community; however, the department may direct that a minor 02 who is subject to delinquency proceedings and who was arrested or whose arrest 03 was continued be released from detention before the hearing required by (c) of this 04 section; 05 (2) before taking the minor to a juvenile detention facility, release the 06 minor to the minor's parents or guardian if detention is not necessary to 07 (A) protect the minor or the community; or 08 (B) ensure the minor's attendance at subsequent court hearings. 09 * Sec. 17. AS 47.12.250 is amended by adding a new subsection to read: 10 (f) A minor arrested for criminal charges under AS 47.12.030 is subject to 11 adult court proceedings and shall be held in a juvenile detention facility under 12 AS 47.12.105. A minor arrested under this section may be temporarily held in an adult 13 correctional facility under the conditions set out in AS 47.12.240(c). 14 * Sec. 18. AS 47.12.310(b) is amended to read: 15 (b) A state or municipal agency or employee shall disclose 16 (1) information regarding a case to a federal, state, or municipal law 17 enforcement agency for a specific investigation being conducted by that agency; 18 (2) appropriate information regarding a case to 19 (A) a guardian ad litem appointed by the court; 20 (B) a person or an agency requested by the department or the 21 minor's legal custodian to provide consultation or services for a minor who is 22 subject to the jurisdiction of the court under this chapter as necessary to enable 23 the provision of the consultation or services; 24 (C) school officials as may be necessary to protect the safety of 25 the minor who is the subject of the case and the safety of school students and 26 staff or to enable the school to provide appropriate counseling and supportive 27 services to meet the needs of a minor about whom information is disclosed; 28 (D) a governmental agency as may be necessary to obtain that 29 agency's assistance for the department in its investigation or to obtain physical 30 custody of a minor; 31 (E) a law enforcement or corrections agency of this state or
01 another jurisdiction as may be necessary for the protection, rehabilitation, care, 02 or supervision of any minor or former juvenile offender or for actions by that 03 agency to protect the public safety; 04 (F) a victim or to the victim's insurance company as may be 05 necessary to inform the victim or the insurance company about the arrest of the 06 minor, including the minor's name and the names of the minor's parents, copies 07 of reports, or the disposition or resolution of a case involving a minor; 08 (G) the state medical examiner under AS 12.65 as may be 09 necessary to perform the duties of the state medical examiner; 10 (H) foster parents or relatives with whom the child is placed by 11 the department as may be necessary to enable the foster parents or relatives to 12 provide appropriate care for the child who is the subject of the case, to protect 13 the safety of the child who is the subject of the case, and to protect the safety 14 and property of family members and visitors of the foster parents or relatives; 15 (I) the Department of Law or its agent for use and subsequent 16 release if necessary for collection of an order of restitution on behalf of the 17 recipient; 18 (J) the Violent Crimes Compensation Board established in 19 AS 18.67.020 for use in awarding compensation under AS 18.67.080; 20 (K) a state, municipal, or federal agency of this state or another 21 jurisdiction that has the authority to license adult or children's facilities and 22 services; 23 (L) a child placement agency licensed under AS 47.32 as 24 necessary to provide services for a minor who is subject to the jurisdiction of 25 the court under this chapter; [AND] 26 (M) a state or municipal agency of this state or another 27 jurisdiction that is responsible for child protection services, as may be 28 necessary for the administration of services, protection, rehabilitation, or 29 supervision of a minor or for actions by the agency to protect the public safety; 30 and 31 (N) the Department of Corrections as necessary for the
01 administration of services, protection, rehabilitation, or supervision of any 02 minor for release to the public as authorized by law, or as necessary to 03 transfer detention of a minor who is waived into adult court under 04 AS 47.12.030 or 47.12.100 and held under AS 47.12.105; and 05 (3) to the University of Alaska under the Alaska higher education 06 savings program for children established under AS 47.14.400 information that is 07 necessary to support the program, but only if the information released is maintained as 08 a confidential record by the University of Alaska. 09 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. This Act applies to minors subject to AS 47.12.030(a) and 12 47.12.100 who are held in a facility operated by the Department of Corrections or a facility 13 operated by the Department of Health and Social Services on or after the effective date of this 14 Act. 15 * Sec. 20. This Act takes effect July 1, 2021.