00 CONFERENCE CS FOR SENATE BILL NO. 54 01 "An Act relating to violations of laws by juveniles, to the remedies for offenses 02 and activities committed by juveniles and to juvenile records, and to incarceration 03 of juveniles who have been charged, prosecuted, or convicted as adults; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.25.120 is amended to read: 07 Sec. 09.25.120. PUBLIC RECORDS; EXCEPTIONS; CERTIFIED COPIES. 08 Every person has a right to inspect a public record in the state, including public 09 records in recorders' offices, except (1) records of vital statistics and adoption 10 proceedings which shall be treated in the manner required by AS 18.50; (2) records 11 pertaining to juveniles unless disclosure is authorized by law; (3) medical and related 12 public health records; (4) records required to be kept confidential by a federal law or 13 regulation or by state law; (5) to the extent the records are required to be kept 14 confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g 01 in order to secure or retain federal assistance; (6) records or information compiled for 02 law enforcement purposes, but only to the extent that the production of the law 03 enforcement records or information (A) could reasonably be expected to interfere with 04 enforcement proceedings, (B) would deprive a person of a right to a fair trial or an 05 impartial adjudication, (C) could reasonably be expected to constitute an unwarranted 06 invasion of the personal privacy of a suspect, defendant, victim, or witness, (D) could 07 reasonably be expected to disclose the identity of a confidential source, (E) would 08 disclose confidential techniques and procedures for law enforcement investigations or 09 prosecutions, (F) would disclose guidelines for law enforcement investigations or 10 prosecutions if the disclosure could reasonably be expected to risk circumvention of 11 the law, or (G) could reasonably be expected to endanger the life or physical safety 12 of an individual. Every public officer having the custody of records not included in the 13 exceptions shall permit the inspection, and give on demand and on payment of the fees 14 under AS 09.25.110 - 09.25.115 a certified copy of the record, and the copy shall in 15 all cases be evidence of the original. Recorders shall permit memoranda, transcripts, 16 and copies of the public records in their offices to be made by photography or 17 otherwise for the purpose of examining titles to real estate described in the public 18 records, making abstracts of title or guaranteeing or insuring the titles of the real 19 estate, or building and maintaining title and abstract plants; and shall furnish proper 20 and reasonable facilities to persons having lawful occasion for access to the public 21 records for those purposes, subject to reasonable rules and regulations, in conformity 22 to the direction of the court, as are necessary for the protection of the records and to 23 prevent interference with the regular discharge of the duties of the recorders and their 24 employees. 25 * Sec. 2. AS 11.61.200(a) is amended to read: 26 (a) A person commits the crime of misconduct involving weapons in the third 27 degree if the person 28 (1) knowingly possesses a firearm capable of being concealed on one's 29 person after having been convicted of a felony or adjudicated a delinquent minor 30 for conduct that would constitute a felony if committed by an adult by a court of 31 this state, a court of the United States, or a court of another state or territory; 01 (2) knowingly sells or transfers a firearm capable of being concealed 02 on one's person to a person who has been convicted of a felony by a court of this 03 state, a court of the United States, or a court of another state or territory; 04 (3) manufactures, possesses, transports, sells, or transfers a prohibited 05 weapon; 06 (4) knowingly sells or transfers a firearm to another whose physical or 07 mental condition is substantially impaired as a result of the introduction of an 08 intoxicating liquor or controlled substance into that other person's body; 09 (5) removes, covers, alters, or destroys the manufacturer's serial 10 number on a firearm with intent to render the firearm untraceable; 11 (6) possesses a firearm on which the manufacturer's serial number has 12 been removed, covered, altered, or destroyed, knowing that the serial number has been 13 removed, covered, altered, or destroyed with the intent of rendering the firearm 14 untraceable; 15 (7) violates AS 11.46.320 and, during the violation, possesses on the 16 person a firearm when the person's physical or mental condition is impaired as a result 17 of the introduction of an intoxicating liquor or controlled substance into the person's 18 body; 19 (8) violates AS 11.46.320 or 11.46.330 by entering or remaining 20 unlawfully on premises or in a propelled vehicle in violation of a provision of an order 21 issued under AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the 22 person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; 23 (9) communicates in person with another in violation of AS 11.56.740 24 and, during the communication, possesses on the person a defensive weapon or a 25 deadly weapon, other than an ordinary pocketknife; 26 (10) resides in a dwelling knowing that there is a firearm capable of 27 being concealed on one's person or a prohibited weapon in the dwelling if the person 28 has been convicted of a felony by a court of this state, a court of the United States, 29 or a court of another state or territory, unless the person has written authorization to 30 live in a dwelling in which there is a concealable weapon described in this paragraph 31 from a court of competent jurisdiction or from the head of the law enforcement agency 01 of the community in which the dwelling is located; or 02 (11) discharges a firearm from a propelled vehicle while the vehicle is 03 being operated. 04 * Sec. 3. AS 11.61.200(b) is amended to read: 05 (b) It is an affirmative defense to a prosecution 06 (1) under (a)(1) [, (2), OR (10)] of this section that 07 (A) [(1)] the person convicted of the prior offense on which the 08 action is based received a pardon for that conviction; 09 (B) [(2)] the underlying conviction upon which the action is 10 based has been set aside under AS 12.55.085 or as a result of post-conviction 11 proceedings; or 12 (C) [(3)] a period of 10 years or more has elapsed between the 13 date of the person's unconditional discharge on the prior offense or 14 adjudication of juvenile delinquency and the date of the violation of (a)(1) 15 [, (2), OR (10)] of this section, and the prior conviction or adjudication of 16 juvenile delinquency did not result from a violation of AS 11.41 or of a 17 similar law of the United States or of another state or territory; 18 (2) under (a)(2) or (10) of this section that 19 (A) the person convicted of the prior offense on which the 20 action is based received a pardon for that conviction; 21 (B) the underlying conviction upon which the action is based 22 has been set aside under AS 12.55.085 or as a result of post-conviction 23 proceedings; or 24 (C) a period of 10 years or more has elapsed between the 25 date of the person's unconditional discharge on the prior offense and the 26 date of the violation of (a)(2) or (10) of this section, and the prior 27 conviction did not result from a violation of AS 11.41 or of a similar law 28 of the United States or of another state or territory. 29 * Sec. 4. AS 33.30.901(11) is amended to read: 30 (11) "prisoner" 31 (A) means a person [, OTHER THAN A JUVENILE,] held 01 under authority of state law in official detention as defined in AS 11.81.900(b); 02 (B) includes a juvenile committed to the custody of the 03 commissioner when the juvenile has been charged, prosecuted, or convicted 04 as an adult; 05 * Sec. 5. AS 43.23.065(b) is amended to read: 06 (b) An exemption is not available under this section for permanent fund 07 dividends taken to satisfy 08 (1) child support obligations required by court order or decision of the 09 child support enforcement agency under AS 25.27.140 - 25.27.220; 10 (2) court ordered restitution under AS 12.55.045 - 12.55.051, [OR] 11 12.55.100, or AS 47.10.080(b)(4); 12 (3) claims on defaulted scholarship loans under AS 43.23.067; 13 (4) court ordered fines; 14 (5) writs of execution under AS 09.35 of a judgment that is entered 15 (A) against a minor in a civil action to recover damages; 16 recovery under this subparagraph is limited to $2,000 and court costs, and 17 may be obtained only when the judgment is based upon 18 (i) an act of the minor that is defined as a crime 19 against a person under AS 33.30.901, that injured the plaintiff, and 20 for which the minor was adjudicated a delinquent or convicted as 21 an adult; or 22 (ii) the minor's intentional or knowing injury of real 23 or personal property of the plaintiff; 24 (B) under AS 34.50.020 against the parent, parents, legal 25 guardian, or person having the legal custody of an unemancipated minor; 26 (6) a debt owed by an eligible individual to an agency of the state, 27 unless the debt is contested and an appeal is pending, or the time limit for filing an 28 appeal has not expired. 29 * Sec. 6. AS 47.10.010 is amended by adding a new subsection to read: 30 (e) When a minor who was at least 16 years of age at the time of the offense 31 is arraigned on a charge for an offense specified in this subsection, AS 47.10.020 - 01 47.10.090 and the Alaska Delinquency Rules do not apply to the offense for which the 02 minor is arraigned or to any additional offenses joinable to it under the applicable rules 03 of court governing criminal procedure. The minor shall be charged, prosecuted, and 04 sentenced in the superior court in the same manner as an adult unless the minor is 05 convicted of some offense other than an offense specified in this subsection, in which 06 event the minor may attempt to prove, by a preponderance of the evidence, that the 07 minor is amenable to treatment under this chapter. If the court finds that the minor 08 is amenable to treatment under this chapter, the minor shall be treated as though the 09 charges had been heard under AS 47.10.010 - 47.10.142, and the court shall order 10 disposition of the charges of which the minor is convicted under AS 47.10.080(b). 11 The provisions of this subsection apply when the minor is arraigned on a charge 12 (1) that is an unclassified felony or a class A felony and the felony is 13 a crime against a person; or 14 (2) of arson in the first degree. 15 * Sec. 7. AS 47.10.020(a) is amended to read: 16 (a) Whenever circumstances subject [A PERSON INFORMS THE COURT 17 OF THE FACTS THAT BRING] a minor to the jurisdiction of AS 47.10.010 - 18 47.10.142 [WITHIN THIS CHAPTER], the court shall 19 (1) provide, under procedures adopted by court rule, that, for a 20 minor who is alleged to be a delinquent minor under AS 47.10.010(a)(1), a state 21 agency shall make a preliminary inquiry to determine if any action is appropriate 22 and may take appropriate action to adjust or dispose of the matter without a 23 court hearing; if, under this paragraph, 24 (A) the state agency makes a preliminary inquiry and takes 25 appropriate action to adjust or dispose of the matter without a court 26 hearing, the minor may not be detained or taken into custody as a 27 condition of the adjustment or disposition and, subject to (d) of this 28 section, the matter shall be closed by the agency if the minor successfully 29 completes all that is required of the minor by the agency in the adjustment 30 or disposition; 31 (B) the agency concludes that the matter may not be 01 adjusted or disposed of without a court hearing, the agency may file a 02 petition under (2) of this subsection setting out the facts; or 03 (2) appoint a competent person or agency to make a preliminary inquiry 04 and report for the information of the court to determine whether the interests of the 05 public or of the minor require that further action be taken; if, under this paragraph, 06 the court appoints a person or agency to make a preliminary inquiry and to 07 report to it, then upon [. UPON] the receipt of the report, the court may informally 08 adjust or dispose of the matter without a hearing, or it may authorize the person having 09 knowledge of the facts of the case to file with the court a petition setting out the facts; 10 if [. WHERE] the court informally adjusts or disposes of the matter, the minor may 11 not be detained or taken into the custody of the court as a condition of the 12 adjustment or disposition, and the matter shall be closed by the court upon 13 adjustment or disposition. 14 * Sec. 8. AS 47.10.020 is amended by adding a new subsection to read: 15 (d) The provisions of this subsection apply to a minor who is alleged to be a 16 delinquent minor under AS 47.10.010(a)(1) and for whom an agency has, under 17 applicable court rule, made a preliminary inquiry before taking appropriate action as 18 authorized by (a)(1) of this section. Following the preliminary inquiry, unless the 19 agency determines that the matter should be dismissed, the agency may take informal 20 action to adjust or dispose of the matter. When the agency decides that an informal 21 adjustment or disposition of a matter should be made, that informal adjustment or 22 disposition may not be made without the agreement or consent of the minor and the 23 minor's parents or guardians to the terms and conditions of the adjustment or 24 disposition. An informal action to adjust or dispose of a matter is not successfully 25 completed unless, among other factors that the agency considers, as to the victim of 26 the act of the minor that is the basis of the delinquency allegation, the minor pays 27 restitution in the amount set by the agency or agrees as a term or condition set by the 28 agency to pay the restitution. 29 * Sec. 9. AS 47.10.060(e) is amended to read: 30 (e) A person who has been tried as an adult under this section, or the 31 department on the person's behalf, may petition the superior court to seal the records 01 of all criminal proceedings, except traffic offenses, initiated against the person, and all 02 punishments assessed against the person, while the person was a minor. A petition 03 under this subsection may not be filed until five years after the completion of the 04 sentence imposed for the offense for which the person was tried as an adult. If the 05 superior court finds that the punishment assessed against the person has had its 06 intended rehabilitative effect and further finds that the person has fulfilled all 07 orders of the court entered under AS 47.10.080(b), the superior court shall order the 08 record of proceedings and the record of punishments sealed. Sealing the records 09 restores civil rights removed because of a conviction. A person may not use these 10 sealed records for any purpose except that the court may order their use for good cause 11 shown or may order their use by an officer of the court in making a presentencing 12 report for the court. The court may not, under this subsection, seal records of a 13 criminal proceeding 14 (1) initiated against a person if the court finds that the person has 15 not complied with a court order made under AS 47.10.080(b); or 16 (2) commenced under AS 47.10.010(e) unless the minor has been 17 acquitted of all offenses with which the minor was charged or unless the most 18 serious offense of which the minor was convicted was not an offense specified in 19 AS 47.10.010(e)(1) or (2). 20 * Sec. 10. AS 47.10.060 is amended by adding a new subsection to read: 21 (f) For purposes of making a determination under (a) and (d) of this section, 22 (1) the standard of proof is by a preponderance of the evidence; and 23 (2) the burden of proof that a minor is not amenable to treatment under 24 AS 47.10.010 - 47.10.142 is on the state; however, if the petition filed under 25 AS 47.10.020 seeking to have the court declare a minor a delinquent is based on the 26 minor's alleged commission of an offense that is an unclassified felony or class A 27 felony and that is a crime against a person, the minor 28 (A) is rebuttably presumed not to be amenable to treatment 29 under AS 47.10.010 - 47.10.142; and 30 (B) has the burden of proof of showing that the minor is 31 amenable to treatment under AS 47.10.010 - 47.10.142. 01 * Sec. 11. AS 47.10.080(b) is amended to read: 02 (b) If the court finds that the minor is delinquent, it shall 03 (1) order the minor committed to the department for a period of time 04 not to exceed two years or in any event extend past the day the minor becomes 19, 05 except that the department may petition for and the court may grant in a hearing (A) 06 two-year extensions of commitment that do not extend beyond the child's 19th 07 birthday if the extension is in the best interests of the minor and the public; and (B) 08 an additional one-year period of supervision past age 19 if continued supervision is in 09 the best interests of the person and the person consents to it; the department shall place 10 the minor in the juvenile facility that the department considers appropriate and that 11 may include a juvenile correctional school, juvenile work camp, treatment facility, 12 detention home, or detention facility; the minor may be released from placement or 13 detention and placed on probation on order of the court and may also be released by 14 the department, in its discretion, under AS 47.10.200; 15 (2) order the minor placed on probation, to be supervised by the 16 department, and released to the minor's parents, guardian, or a suitable person; if the 17 court orders the minor placed on probation, it may specify the terms and conditions 18 of probation; the probation may be for a period of time, not to exceed two years and 19 in no event extend past the day the minor becomes 19, except that the department may 20 petition for and the court may grant in a hearing 21 (A) two-year extensions of supervision that do not extend 22 beyond the child's 19th birthday if the extension is in the best interests of the 23 minor and the public; and 24 (B) an additional one-year period of supervision past age 19 if 25 the continued supervision is in the best interests of the person and the person 26 consents to it; 27 (3) order the minor committed to the department and placed on 28 probation, to be supervised by the department, and released to the minor's parents, 29 guardian, other suitable person, or suitable nondetention setting such as a family home, 30 group care facility, or child care facility, whichever the department considers 31 appropriate to implement the treatment plan of the predisposition report; if the court 01 orders the minor placed on probation, it may specify the terms and conditions of 02 probation; the department may transfer the minor, in the minor's best interests, from 03 one of the probationary placement settings listed in this paragraph to another, and the 04 minor, the minor's parents or guardian, and the minor's attorney are entitled to 05 reasonable notice of the transfer; the probation may be for a period of time, not to 06 exceed two years and in no event extend past the day the minor becomes 19, except 07 that the department may petition for and the court may grant in a hearing 08 (A) two-year extensions of commitment that do not extend 09 beyond the child's 19th birthday if the extension is in the best interests of the 10 minor and the public; and 11 (B) an additional one-year period of supervision past age 19 if 12 the continued supervision is in the best interests of the person and the person 13 consents to it; 14 (4) order the minor to make suitable restitution in lieu of or in addition 15 to the court's order under (1), (2), or (3) of this subsection; the court may not refuse 16 to make an order of restitution under this paragraph to benefit the victim of the 17 act of the minor that is the basis of the delinquency adjudication; 18 (5) order the minor committed to the department for placement in an 19 adventure based education program established under AS 47.21.020 with conditions 20 the court considers appropriate concerning release upon satisfactory completion of the 21 program or commitment under (1) of this subsection if the program is not satisfactorily 22 completed; or 23 (6) in addition to an order under (1) - (5) of this subsection, if the 24 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 25 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 26 purposes of this paragraph, "community service" includes work 27 (A) on a project identified in AS 33.30.901; or 28 (B) that, on the recommendation of the city council or 29 traditional village council, would benefit persons within the city or village who 30 are elderly or disabled. 31 * Sec. 12. AS 47.10.090 is repealed and reenacted to read: 01 Sec. 47.10.090. COURT RECORDS. (a) The court shall make and keep 02 records of all cases brought before it. 03 (b) The court shall forward a record of adjudication of a violation of an 04 offense listed in AS 28.15.185(a) to the Department of Public Safety if the court 05 imposes a license revocation under AS 28.15.185. 06 (c) Within 30 days of the date of a minor's 18th birthday or, if the court 07 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 08 date on which the court releases jurisdiction over the minor, the court shall order all 09 the court's official records pertaining to that minor sealed, as well as records of all 10 driver's license proceedings under AS 28.15.185, criminal proceedings against the 11 minor, and punishments assessed against the minor. A person may not use these 12 sealed records for any purpose except that the court may order their use for good cause 13 shown or may order their use by an officer of the court in making a presentencing 14 report for the court. The provisions of this subsection relating to the sealing of records 15 do not apply to records of traffic offenses. 16 (d) The name or picture of a minor under the jurisdiction of the court may not 17 be made public in connection with the minor's status as a delinquent child or a child 18 in need of aid unless authorized by order of the court. 19 (e) The court's official records under this chapter may be inspected only with 20 the court's permission and only by persons having a legitimate interest in them. A 21 person with a legitimate interest in the inspection of an official record maintained by 22 the court includes a victim who suffered physical injury or whose real or personal 23 property was damaged as a result of an offense that was the basis of an adjudication 24 or modification of disposition. If the victim knows the identity of the minor, identifies 25 the minor or the offense to the court, and certifies that the information is being sought 26 to consider or support a civil action against the minor or against the minor's parents 27 or guardians under AS 34.50.020, the court shall, subject to AS 12.61.110 and 28 12.61.140, allow the victim to inspect and use the following records and information 29 in connection with the civil action: 30 (1) a petition filed under AS 47.10.010(a)(1) seeking to have the court 31 declare the minor a delinquent; 01 (2) a petition filed under AS 47.10.080 seeking to have the court 02 modify or revoke the minor's probation; 03 (3) a petition filed under AS 47.10.060 requesting the court to find that 04 a minor is not amenable to treatment under this chapter and that results in closure of 05 a case under AS 47.10.060(a); and 06 (4) a court judgment or order entered under AS 47.10.010 - 47.10.142 07 that disposes of a petition identified in (1) - (3) of this subsection. 08 * Sec. 13. AS 47.10 is amended by adding a new section to read: 09 Sec. 47.10.093. DISCLOSURE OF AGENCY RECORDS. (a) Except as 10 specified in (b) - (f) of this section, all information and social records pertaining to a 11 minor who is subject to this chapter or AS 47.17 prepared by or in the possession of 12 a federal, state, or municipal agency or employee in the discharge of the agency's or 13 employee's official duty, including driver's license actions under AS 28.15.185, are 14 privileged and may not be disclosed directly or indirectly to anyone without a court 15 order. 16 (b) A state or municipal agency or employee may disclose information 17 regarding a case to 18 (1) a guardian ad litem appointed by the court or to a citizen review 19 panel for permanency planning authorized by AS 47.10.400 or 47.10.420; 20 (2) a person or an agency requested to provide consultation or services 21 for a minor who is subject to the jurisdiction of the court under AS 47.10.010; 22 (3) school officials as may be necessary to protect the safety of school 23 students and staff; 24 (4) a governmental agency as may be necessary to obtain that agency's 25 assistance for the department in its investigation or to obtain physical custody of a 26 child; 27 (5) a state or municipal law enforcement agency as may be necessary 28 for a specific investigation being conducted by that agency or for disclosures by that 29 agency to protect the public safety; and 30 (6) a victim as may be necessary to inform the victim about the 31 disposition or resolution of a case involving a minor. 01 (c) A state or municipal law enforcement agency 02 (1) shall disclose information regarding a case that is needed by the 03 person or agency charged with making a preliminary investigation for the information 04 of the court under AS 47.10.020; 05 (2) may disclose to the public information regarding a criminal offense 06 in which a minor is a suspect, victim, or witness if the minor is not identified by the 07 disclosure; 08 (3) may disclose to school officials information regarding a case as may 09 be necessary to protect the safety of school students and staff; 10 (4) may disclose to the public information regarding a case as may be 11 necessary to protect the safety of the public; and 12 (5) may disclose to a victim information, including copies of reports, 13 as necessary for civil litigation or insurance claims pursued by or against the victim. 14 (d) Upon request of a victim the department shall make every reasonable effort 15 to notify the victim as soon as practicable in writing when a delinquent minor is to be 16 released from placement in a juvenile facility under AS 47.10.080(b)(1). The notice 17 under this subsection must include the expected date of the delinquent minor's release, 18 the geographic area in which the delinquent minor is required to reside, and other 19 pertinent information concerning the delinquent minor's conditions of release that may 20 affect the victim. 21 (e) A person may authorize the department to release information to the 22 military or to a prospective employer about the existence of a delinquency adjudication 23 against that person under AS 47.10.010 and the offense on which it was based. 24 (f) The department may release to a person with a legitimate interest 25 information relating to minors not subject to the jurisdiction of the court under 26 AS 47.10.010. The department shall adopt regulations governing the release of 27 information and identifying a sufficient legitimate interest. 28 (g) A person who discloses confidential information in violation of this section 29 is guilty of a class B misdemeanor. 30 * Sec. 14. AS 47.10.190 is amended to read: 31 Sec. 47.10.190. [CONDITIONS GOVERNING] DETENTION OF MINORS. 01 (a) When the court commits a minor to the custody of the department, the department 02 shall arrange to place the juvenile in a detention home, work camp, facility, or another 03 suitable place that the department designates for that purpose. 04 (b) A juvenile detained in a jail or similar institution at the request of the 05 department shall be held in custody in a room or other place apart and separate from 06 adults. The provisions of this subsection do not apply to a juvenile held in a jail 07 when committed to the custody of the commissioner of corrections under 08 AS 33.30. 09 * Sec. 15. AS 47.10.990 is amended by adding new paragraphs to read: 10 (11) "crime against a person" means an offense set out in AS 11.41; 11 (12) "treatment facility" means a hospital, clinic, institution, center, or 12 other health care facility that has been designated by the department for the treatment 13 of juveniles; 14 (13) "victim" has the meaning given in AS 12.55.185. 15 * Sec. 16. APPLICABILITY. This Act applies 16 (1) to civil actions accruing on or after the effective date of this Act; and 17 (2) to offenses committed on or after the effective date of this Act. 18 * Sec. 17. This Act takes effect September 1, 1994.