CSSB 91(STA): "An Act relating to the right to representation by the Public Defender Agency; 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(STA) 01 "An Act relating to the right to representation by the Public Defender Agency; relating 02 to the duties of the commissioner of corrections; relating to the detention of minors; 03 relating to minors subject to adult courts; relating to the placement of minors in adult 04 correctional facilities; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 18.85.100(a) is amended to read: 07 (a) An indigent person who is under formal charge of having committed a 08 serious crime and the crime has been the subject of an initial appearance or subsequent 09 proceeding, or is being detained under a conviction of a serious crime, or is on 10 probation or parole, or is entitled to representation under the Supreme Court 11 Delinquency or Child in Need of Aid Rules or at a review hearing under 12 AS 47.12.105(f), or is isolated, quarantined, or required to be tested under an order 13 issued under AS 18.15.355 - 18.15.395, or against whom commitment proceedings for 14 mental illness have been initiated, is entitled
01 (1) to be represented, in connection with the crime or proceeding, by 02 an attorney to the same extent as a person retaining an attorney is entitled; and 03 (2) to be provided with the necessary services and facilities of this 04 representation, including investigation and other preparation. 05 * Sec. 2. 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 15 (A) protect the public and the victims of crimes committed by 16 prisoners; 17 (B) maintain health; 18 (C) create or improve occupational skills; 19 (D) enhance educational qualifications; 20 (E) support court-ordered restitution; and 21 (F) otherwise provide for the rehabilitation and reformation of 22 prisoners, facilitating their reintegration into society; 23 (4) provide necessary 24 (A) medical services for prisoners in correctional facilities or 25 who are committed by a court to the custody of the commissioner, including 26 examinations for communicable and infectious diseases; 27 (B) psychological or psychiatric treatment if a physician or 28 other health care provider, exercising ordinary skill and care at the time of 29 observation, concludes that 30 (i) a prisoner exhibits symptoms of a serious disease or 31 injury that is curable or may be substantially alleviated; and
01 (ii) the potential for harm to the prisoner by reason of 02 delay or denial of care is substantial; and 03 (C) assessment or screening of the risks and needs of offenders 04 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 05 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 06 disorder; 07 (5) establish minimum standards for sex offender treatment programs 08 offered to persons who are committed to the custody of the commissioner; 09 (6) provide for fingerprinting in correctional facilities in accordance 10 with AS 12.80.060; 11 (7) establish a program to conduct assessments of the risks and needs 12 of offenders sentenced to serve a term of incarceration of 90 days or more; the 13 program must include a requirement for an assessment before a prisoner's release on 14 parole, furlough, or electronic monitoring from a correctional facility; 15 (8) establish a procedure that provides for each prisoner required to 16 serve an active term of imprisonment of 90 days or more a written case plan that 17 (A) takes effect and is provided to the prisoner within 90 days 18 after sentencing; 19 (B) is based on the results of the assessment of the prisoner's 20 risks and needs under (7) of this subsection; 21 (C) includes a requirement to follow the rules of the institution; 22 (D) is modified when necessary for changes in classification, 23 housing status, medical or mental health, and resource availability; 24 (E) includes participation in programming that addresses the 25 needs identified in the assessment; 26 (9) establish a program to begin reentry planning with each prisoner 27 serving an active term of imprisonment of 90 days or more; reentry planning must 28 begin at least 90 days before release on furlough or probation or parole; the reentry 29 program must include 30 (A) a written reentry plan for each prisoner completed upon 31 release on furlough or probation or parole that includes information on the
01 prisoner's proposed 02 (i) residence; 03 (ii) employment or alternative means of support; 04 (iii) treatment options; 05 (iv) counseling services; 06 (v) education or job training services; 07 (B) any other requirements for successful transition back to the 08 community, including electronic monitoring or furlough for the period between 09 a scheduled parole hearing and parole eligibility; 10 (C) coordination with the Department of Labor and Workforce 11 Development to provide access, after release, to job training and employment 12 assistance; and 13 (D) coordination with community reentry coalitions or other 14 providers of reentry services if available; 15 (10) for offenders under electronic monitoring, establish 16 (A) minimum standards for electronic monitoring, which may 17 include the requirement of active, real-time monitoring using global 18 positioning systems; and 19 (B) procedures for oversight and approving electronic 20 monitoring programs and systems provided by private contractors; 21 (11) assist a prisoner in obtaining a valid state identification card if the 22 prisoner does not have a valid state identification card before the prisoner's release; the 23 department shall pay the application fee for the identification card; [AND] 24 (12) provide to the legislature, by electronic means, by January 10 25 preceding the first regular session of each legislature, a report summarizing the 26 findings and results of the program established under (7) of this subsection; the report 27 must include 28 (A) the number of prisoners who were provided with written 29 case plans under (8) of this subsection; 30 (B) the number of written case plans under (8) of this 31 subsection initiated within the preceding year; and
01 (C) the number of written case plans under (8) of this 02 subsection that were updated in the preceding year; and 03 (13) enter into an agreement with the Department of Health and 04 Social Services, consistent with the provisions of AS 47.12.105, for the detention 05 and care of a minor who is waived into adult court under AS 47.12.030 or 06 47.12.100. 07 * Sec. 3. AS 47.10.141(c) is amended to read: 08 (c) A minor may be taken into emergency protective custody by a peace 09 officer and placed into temporary detention in a juvenile detention home in the local 10 community if there has been an order issued by a court under (k) of this section [A 11 FINDING OF PROBABLE CAUSE THAT (1) THE MINOR IS A RUNAWAY IN 12 WILFUL VIOLATION OF A VALID COURT ORDER ISSUED UNDER 13 AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) OR (3), OR 47.12.250(d), (2) 14 THE MINOR'S CURRENT SITUATION POSES A SEVERE AND IMMINENT 15 RISK TO THE MINOR'S LIFE OR SAFETY, AND (3) NO REASONABLE 16 PLACEMENT ALTERNATIVE EXISTS WITHIN THE COMMUNITY]. A minor 17 detained under this subsection shall be brought before a court on the day the minor is 18 detained, or, if that is not possible, within 24 hours after the detention for a hearing to 19 determine the most appropriate placement in the best interests of the minor. A minor 20 taken into emergency protective custody under this subsection may not be detained for 21 more than 24 hours, except as provided under (k) of this section [AS 47.12.250]. 22 Emergency protective custody may not include placement of a minor in a jail or secure 23 facility other than a juvenile detention home, nor may an order for protective custody 24 be enforced against a minor who is residing in a licensed program for runaway minors, 25 as defined in AS 47.10.390. 26 * Sec. 4. AS 47.10.141 is amended by adding a new subsection to read: 27 (k) The court shall issue a written order if the court determines that a minor 28 shall be placed in a juvenile detention home as a result of violating a court order 29 issued under AS 47.10.080(c)(1) or 47.10.142(f). An order issued under this 30 subsection 31 (1) must include a finding of probable cause that the minor is a
01 runaway in wilful violation of a court order and identify the court order the minor has 02 violated; 03 (2) must specify the factual basis for determining that there is 04 reasonable cause to believe that the minor has violated a court order; 05 (3) must describe how the minor's current situation poses a severe and 06 imminent risk to the minor's life or safety; 07 (4) must include findings of fact to support a determination that there 08 is not an appropriate, less restrictive alternative to placing the minor in a juvenile 09 detention home available, with due consideration to the best interests of the minor; 10 (5) must include a plan for the minor's release from the juvenile 11 detention home in the least amount of time necessary, not to exceed seven days unless 12 otherwise specified by the court; 13 (6) may not be renewed or extended. 14 * Sec. 5. AS 47.12.020 is amended by adding a new subsection to read: 15 (c) The provisions of this chapter apply to the detention and care of a person 16 who is alleged to have committed a violation of a criminal law of the state or local 17 government, subject to the provisions of AS 47.12.030(a), 47.12.100, and 47.12.105. 18 * Sec. 6. AS 47.12.022 is amended to read: 19 Sec. 47.12.022. Applicability; inclusion of certain persons as minors. 20 Except as provided in AS 47.12.025, the provisions of this chapter apply to a person 21 who is 18 years of age or older and who is subject to the jurisdiction of this chapter 22 due [SOLELY] to AS 47.12.020(b) or (c). To implement AS 47.12.020(b) and (c) and 23 this section, the term "minor" as used in this chapter includes a person described in 24 this section. 25 * Sec. 7. AS 47.12.030(a) is amended to read: 26 (a) When a minor who was at least 16 years of age at the time of the offense is 27 charged by complaint, information, or indictment with an offense specified in this 28 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 29 for which the minor is charged or to any additional offenses joinable to it under the 30 applicable rules of court governing criminal procedure. Subject to the provisions of 31 AS 47.12.105, the [THE] minor shall be charged, held, transported, released on bail,
01 prosecuted, sentenced, and incarcerated in the same manner as an adult. If the minor is 02 convicted of an offense other than an offense specified in this subsection, the minor 03 may attempt to prove, by a preponderance of the evidence, that the minor is amenable 04 to treatment under this chapter. If the court finds that the minor is amenable to 05 treatment under this chapter, the minor shall be treated as though the charges had been 06 heard under this chapter, and the court shall order disposition of the charges of which 07 the minor is convicted under AS 47.12.120(b). The provisions of this subsection apply 08 when the minor is charged by complaint, information, or indictment with an offense 09 (1) that is an unclassified felony or a class A felony and the felony is a 10 crime against a person; 11 (2) of arson in the first degree; 12 (3) that is a class B felony and the felony is a crime against a person in 13 which the minor is alleged to have used a deadly weapon in the commission of the 14 offense and the minor was previously adjudicated as a delinquent or convicted as an 15 adult, in this or another jurisdiction, as a result of an offense that involved use of a 16 deadly weapon in the commission of a crime against a person or an offense in another 17 jurisdiction having elements substantially identical to those of a crime against a 18 person, and the previous offense was punishable as a felony; in this paragraph, "deadly 19 weapon" has the meaning given in AS 11.81.900(b); or 20 (4) that is misconduct involving weapons in the first degree under 21 (A) AS 11.61.190(a)(1); or 22 (B) AS 11.61.190(a)(2) when the firearm was discharged under 23 circumstances manifesting substantial and unjustifiable risk of physical injury 24 to a person. 25 * Sec. 8. AS 47.12.100(a) is amended to read: 26 (a) If the court finds at a hearing on a petition that there is probable cause for 27 believing that a minor is delinquent and finds that the minor is not amenable to 28 treatment under this chapter, it shall order the case closed. Subject to the provisions 29 of AS 47.12.105, after [AFTER] a case is closed under this subsection, the minor may 30 be charged, held, transported, released on bail, prosecuted, sentenced, and 31 incarcerated in the same manner [PROSECUTED] as an adult.
01 * Sec. 9. AS 47.12 is amended by adding a new section to read: 02 Sec. 47.12.105. Detention of minors waived into adult court. (a) Except as 03 provided in AS 47.12.240, the department, by agreement with the Department of 04 Corrections, shall detain and care for waived minors. The department shall transfer a 05 waived minor to a facility operated by the Department of Corrections when the waived 06 minor reaches 18 years of age. 07 (b) Except as provided in (c) of this section, a waived minor held in an adult 08 correctional facility for more than four hours to attend court proceedings must be 09 separated by sight and sound from adult offenders. 10 (c) If there is not an available juvenile detention facility in a community where 11 a trial is being held or if a juvenile facility is inappropriate for a waived minor, the 12 department may request that the court order, in the interest of justice, that a waived 13 minor be held in an adult correctional facility with or without sight and sound 14 separation from adult offenders. In making this decision, the court shall consider 15 (1) the age of the waived minor; 16 (2) the physical and mental maturity of the waived minor; 17 (3) the present mental state of the waived minor, including whether the 18 waived minor presents an imminent risk of harm to self; 19 (4) the nature and circumstances of the alleged offense; 20 (5) the waived minor's history of prior delinquent acts; 21 (6) the relative ability of an available adult or juvenile detention 22 facility to meet the specific needs of the waived minor and protect the safety of the 23 public and other detained minors; and 24 (7) other relevant factors. 25 (d) If a court determines under (c) of this section that it is in the interest of 26 justice to permit a waived minor to be held in an adult correctional facility, 27 (1) the department shall request a hearing not less than once every 30 28 days to review the determination that the waived minor may be held under the ordered 29 circumstances; 30 (2) the waived minor may not be held in an adult correctional facility, 31 or permitted to have sight or sound contact with adult offenders, for more than 180
01 days, unless the court determines in writing that there is good cause for an extension 02 or the waived minor expressly waives this limitation. 03 (e) A waived minor detained under (a) of this section shall be detained in a 04 secure juvenile facility and receive credit, including a good time deduction under 05 AS 33.20.010, for time spent in a department facility pending trial, sentencing, or 06 appeal, if the detention is in connection with an offense for which a sentence is 07 imposed. 08 (f) A waived minor who is detained in an adult correctional facility under (c) 09 of this section is entitled to counsel at a review hearing held under (d) of this section. 10 (g) In this section, "waived minor" means an individual who commits an 11 offense while under the age of 18 and is waived into adult court under AS 47.12.030 12 or 47.12.100. 13 * Sec. 10. AS 47.12.150(a) is amended to read: 14 (a) When a minor is committed to the department under AS 47.12.120(b)(1) 15 or (3) or 47.12.240, detained by the department on behalf of the Department of 16 Corrections under AS 33.30.011 and AS 47.12.105, [TO THE DEPARTMENT] or 17 released under AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable 18 person, a relationship of legal custody exists. This relationship imposes on the state 19 [DEPARTMENT] and its authorized agents or the parents, guardian, or other suitable 20 person the responsibility of physical care and control of the minor, the determination 21 of where and with whom the minor shall live, the right and duty to protect, train, and 22 discipline the minor, and the duty of providing the minor with food, shelter, education, 23 and medical care. These obligations are subject to any residual parental rights and 24 responsibilities and rights and responsibilities of a guardian if one has been appointed. 25 When a minor is committed to the department and the department places the minor 26 with the minor's parent, the parent has the responsibility to provide and pay for food, 27 shelter, education, and medical care for the minor. When parental rights have been 28 terminated, or there are no living parents and a guardian has not been appointed, the 29 responsibilities of legal custody include those in (b) and (c) of this section. The 30 department or person having legal custody of the minor may delegate any of the 31 responsibilities under this section, except authority to consent to marriage, adoption,
01 and military enlistment may not be delegated. For purposes of this chapter, a person in 02 charge of a placement setting is an agent of the department. 03 * Sec. 11. AS 47.12.160(e) is amended to read: 04 (e) If a petition is filed under (d) of this section and if the court finds by a 05 preponderance of the evidence that the minor has committed a subsequent felony 06 offense that is a crime against a person or is the crime of arson, the court shall impose 07 the adult sentence previously pronounced under AS 47.12.120(j) and, subject to 08 AS 47.12.105, transfer custody of the minor to the Department of Corrections. If the 09 court finds by a preponderance of the evidence that any of the other circumstances set 10 out in (d)(1) - (5) of this section exist, the court shall impose the adult sentence 11 previously pronounced and, subject to AS 47.12.105, transfer custody of the minor to 12 the Department of Corrections unless the minor proves by preponderance of the 13 evidence that mitigating circumstances exist that justify a continuance in the stay of 14 the adult sentence and the minor is amenable to further treatment under this chapter. 15 The court shall make written findings to support its order. 16 * Sec. 12. AS 47.12.240(a) is amended to read: 17 (a) When the court commits a minor to the custody of the department, the 18 department shall arrange to place the minor in a detention home, work camp, or 19 another suitable place that the department designates for that purpose. Except when 20 detention in a correctional facility is authorized by AS 47.12.105 or (c) of this section, 21 the minor may not be incarcerated in a correctional facility that houses adult prisoners. 22 * Sec. 13. AS 47.12.240(c) is amended to read: 23 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 24 correctional facility 25 [(1)] if the minor is arrested for criminal charges under 26 AS 47.12.030(a), if the minor is the subject of a petition filed with the court under 27 this chapter seeking adjudication of the minor as a delinquent minor, or if the minor is 28 in official detention pending the filing of that petition; however, detention in a 29 correctional facility under this paragraph may not exceed the lesser of 30 (1) [(A)] six hours, except under the criteria listed in (e) of this section; 31 or
01 (2) [(B)] the time necessary to arrange the minor's transportation to a 02 juvenile detention home or comparable facility for the detention of minors [; 03 (2) IF, IN RESPONSE TO A PETITION OF DELINQUENCY FILED 04 UNDER THIS CHAPTER, THE COURT HAS ENTERED AN ORDER CLOSING 05 THE CASE UNDER AS 47.12.100(a), ALLOWING THE MINOR TO BE 06 PROSECUTED AS AN ADULT; OR 07 (3) IF THE MINOR IS AT LEAST 16 YEARS OF AGE AND THE 08 COURT HAS ENTERED AN ORDER UNDER AS 47.12.160(e) IMPOSING AN 09 ADULT SENTENCE AND TRANSFERRING CUSTODY OF THE MINOR TO 10 THE DEPARTMENT OF CORRECTIONS]. 11 * Sec. 14. AS 47.12.240(d) is amended to read: 12 (d) When a minor is detained under (c) [(c)(1)] of this section and incarcerated 13 in a correctional facility, the minor shall be 14 (1) assigned to quarters in the correctional facility that are separate 15 from quarters used to house adult prisoners so that the minor cannot communicate 16 with or view adults who are in official detention; 17 (2) provided admission, health care, hygiene, and food services and 18 recreation and visitation opportunities separate from services and opportunities 19 provided to adults who are in official detention. 20 * Sec. 15. AS 47.12.240(e) is amended to read: 21 (e) Notwithstanding the limitation on detention set out in (c) [(c)(1)] of this 22 section, a minor whose detention is authorized by (c) [(c)(1)] of this section may be 23 detained in a correctional facility for up to 24 hours when the authority having 24 jurisdiction over the minor under this chapter is outside a metropolitan statistical area 25 under the current designation of the United States Bureau of the Census and the 26 authority has no existing acceptable alternative placement available for the minor. The 27 minor may be held in secure custody beyond the 24-hour period if the criteria set out 28 in this subsection are met and if the correctional facility is located where conditions of 29 (1) distance to be traveled or the lack of highway, road, or other 30 ground transportation do not allow for court appearances within 24 hours, in which 31 case the minor may be held for up to an additional 48 hours at the correctional facility;
01 or 02 (2) lack of safety exist, such as severely adverse, life-threatening 03 weather conditions that do not allow for reasonably safe travel, in which case the time 04 for an appearance may be delayed until 24 hours after the time that the conditions 05 become safe. 06 * Sec. 16. AS 47.12.240(f) is amended to read: 07 (f) A detention authorized by (e) of this section may not exceed the time 08 necessary to satisfy the requirement of (c)(2) [(c)(1)(B)] of this section. 09 * Sec. 17. AS 47.12.250(a) is amended to read: 10 (a) A peace officer or a probation officer who has arrested or a peace officer 11 who has continued the arrest of a minor under AS 47.12.245 or for criminal charges 12 under AS 47.12.030 may 13 (1) have the minor detained in a juvenile detention facility if in the 14 opinion of the peace officer making or continuing the arrest it is necessary to do so to 15 protect the minor or the community; however, the department may direct that a minor 16 who is subject to delinquency proceedings and who was arrested or whose arrest 17 was continued be released from detention before the hearing required by (c) of this 18 section; 19 (2) before taking the minor to a juvenile detention facility, release the 20 minor to the minor's parents or guardian if detention is not necessary to 21 (A) protect the minor or the community; or 22 (B) ensure the minor's attendance at subsequent court hearings. 23 * Sec. 18. AS 47.12.250 is amended by adding a new subsection to read: 24 (f) A minor arrested for criminal charges under AS 47.12.030 is subject to 25 adult court proceedings and shall be held in a juvenile detention facility under 26 AS 47.12.105. A minor arrested under this section may be temporarily held in an adult 27 correctional facility under the conditions set out in AS 47.12.240(c). 28 * Sec. 19. AS 47.12.310(b) is amended to read: 29 (b) A state or municipal agency or employee shall disclose 30 (1) information regarding a case to a federal, state, or municipal law 31 enforcement agency for a specific investigation being conducted by that agency;
01 (2) appropriate information regarding a case to 02 (A) a guardian ad litem appointed by the court; 03 (B) a person or an agency requested by the department or the 04 minor's legal custodian to provide consultation or services for a minor who is 05 subject to the jurisdiction of the court under this chapter as necessary to enable 06 the provision of the consultation or services; 07 (C) school officials as may be necessary to protect the safety of 08 the minor who is the subject of the case and the safety of school students and 09 staff or to enable the school to provide appropriate counseling and supportive 10 services to meet the needs of a minor about whom information is disclosed; 11 (D) a governmental agency as may be necessary to obtain that 12 agency's assistance for the department in its investigation or to obtain physical 13 custody of a minor; 14 (E) a law enforcement or corrections agency of this state or 15 another jurisdiction as may be necessary for the protection, rehabilitation, care, 16 or supervision of any minor or former juvenile offender or for actions by that 17 agency to protect the public safety; 18 (F) a victim or to the victim's insurance company as may be 19 necessary to inform the victim or the insurance company about the arrest of the 20 minor, including the minor's name and the names of the minor's parents, copies 21 of reports, or the disposition or resolution of a case involving a minor; 22 (G) the state medical examiner under AS 12.65 as may be 23 necessary to perform the duties of the state medical examiner; 24 (H) foster parents or relatives with whom the child is placed by 25 the department as may be necessary to enable the foster parents or relatives to 26 provide appropriate care for the child who is the subject of the case, to protect 27 the safety of the child who is the subject of the case, and to protect the safety 28 and property of family members and visitors of the foster parents or relatives; 29 (I) the Department of Law or its agent for use and subsequent 30 release if necessary for collection of an order of restitution on behalf of the 31 recipient;
01 (J) the Violent Crimes Compensation Board established in 02 AS 18.67.020 for use in awarding compensation under AS 18.67.080; 03 (K) a state, municipal, or federal agency of this state or another 04 jurisdiction that has the authority to license adult or children's facilities and 05 services; 06 (L) a child placement agency licensed under AS 47.32 as 07 necessary to provide services for a minor who is subject to the jurisdiction of 08 the court under this chapter; [AND] 09 (M) a state or municipal agency of this state or another 10 jurisdiction that is responsible for child protection services, as may be 11 necessary for the administration of services, protection, rehabilitation, or 12 supervision of a minor or for actions by the agency to protect the public safety; 13 and 14 (N) the Department of Corrections as necessary for the 15 administration of services, protection, rehabilitation, or supervision of any 16 minor for release to the public as authorized by law, or as necessary to 17 transfer detention of a minor who is waived into adult court under 18 AS 47.12.030 or 47.12.100 and held under AS 47.12.105; and 19 (3) to the University of Alaska under the Alaska higher education 20 savings program for children established under AS 47.14.400 information that is 21 necessary to support the program, but only if the information released is maintained as 22 a confidential record by the University of Alaska. 23 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. This Act applies to minors subject to AS 47.12.030(a) and 26 47.12.100 who are held in a facility operated by the Department of Corrections or a facility 27 operated by the Department of Health and Social Services on or after the effective date of this 28 Act. 29 * Sec. 21. This Act takes effect July 1, 2021.