00 HOUSE BILL NO. 86 01 "An Act relating to the remedies for property-related offenses committed by 02 juveniles." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55.045(a) is amended to read: 05  (a) The court may order a defendant convicted of an offense to make 06 restitution as provided in this section, including restitution to the victim or other person 07 injured by the offense, to a public, private, or private nonprofit organization that has 08 provided or is or will be providing counseling, medical, or shelter services to the 09 victim or other person injured by the offense, or as otherwise authorized by law. If 10 the defendant is a person under 18 years of age, the conviction is for an offense 11 for which the person was prosecuted as an adult, and the conviction was for 12 criminal mischief under AS 11.46.480 - 11.46.486, the court shall order the 13 defendant to make suitable restitution to the property owner. In determining the 14 amount and method of payment of restitution under this subsection, the court shall 01 take into account the 02  (1) public policy that favors requiring criminals to compensate for 03 damages and injury to their victims; and 04  (2) financial burden placed on the victim and those who provide 05 services to the victim and other persons injured by the offense as a result of the 06 criminal conduct of the defendant. 07 * Sec. 2. AS 47.10.080(b) is amended to read: 08  (b) If the court finds that the minor is delinquent, it shall 09  (1) order the minor committed to the department for a period of time 10 not to exceed two years or in any event extend past the day the minor becomes 19, 11 except that the department may petition for and the court may grant in a hearing (A) 12 two-year extensions of commitment that do not extend beyond the child's 19th 13 birthday if the extension is in the best interests of the minor and the public; and (B) 14 an additional one-year period of supervision past age 19 if continued supervision is in 15 the best interests of the person and the person consents to it; the department shall place 16 the minor in the juvenile facility that the department considers appropriate and that 17 may include a juvenile correctional school, detention home, or detention facility; the 18 minor may be released from placement or detention and placed on probation on order 19 of the court and may also be released by the department, in its discretion, under 20 AS 47.10.200; 21  (2) order the minor placed on probation, to be supervised by the 22 department, and released to the minor's parents, guardian, or a suitable person; if the 23 court orders the minor placed on probation, it may specify the terms and conditions 24 of probation; the probation may be for a period of time, not to exceed two years and 25 in no event extend past the day the minor becomes 19, except that the department may 26 petition for and the court may grant in a hearing 27  (A) two-year extensions of supervision that do not extend 28 beyond the child's 19th birthday if the extension is in the best interests of the 29 minor and the public; and 30  (B) an additional one-year period of supervision past age 19 if 31 the continued supervision is in the best interests of the person and the person 01 consents to it; 02  (3) order the minor committed to the department and placed on 03 probation, to be supervised by the department, and released to the minor's parents, 04 guardian, other suitable person, or suitable nondetention setting such as a family home, 05 group care facility, or child care facility, whichever the department considers 06 appropriate to implement the treatment plan of the predisposition report; if the court 07 orders the minor placed on probation, it may specify the terms and conditions of 08 probation; the department may transfer the minor, in the minor's best interests, from 09 one of the probationary placement settings listed in this paragraph to another, and the 10 minor, the minor's parents or guardian, and the minor's attorney are entitled to 11 reasonable notice of the transfer; the probation may be for a period of time, not to 12 exceed two years and in no event extend past the day the minor becomes 19, except 13 that the department may petition for and the court may grant in a hearing 14  (A) two-year extensions of commitment that do not extend 15 beyond the child's 19th birthday if the extension is in the best interests of the 16 minor and the public; and 17  (B) an additional one-year period of supervision past age 19 if 18 the continued supervision is in the best interests of the person and the person 19 consents to it; 20  (4) order the minor to make suitable restitution in lieu of or in addition 21 to the court's order under (1), (2), or (3) of this subsection; if the finding of 22 delinquency is based on a violation of AS 11.46.480 - 11.46.486, the court may not 23 refuse to make an order of restitution under this paragraph to the benefit of the 24 owner of the real or personal property; 25  (5) order the minor committed to the department for placement in an 26 adventure based education program established under AS 47.21.020 with conditions 27 the court considers appropriate concerning release upon satisfactory completion of the 28 program or commitment under (1) of this subsection if the program is not satisfactorily 29 completed; or 30  (6) in addition to an order under (1) - (5) of this subsection, if the 31 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 01 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 02 purposes of this paragraph, "community service" includes work 03  (A) on a project identified in AS 33.30.901; or 04  (B) that, on the recommendation of the city council or 05 traditional village council, would benefit persons within the city or village who 06 are elderly or disabled. 07 * Sec. 3. APPLICABILITY. This Act applies to offenses committed after the effective 08 date of this Act.