00 HOUSE BILL NO. 16 01 "An Act relating to delinquent minors, to the taking of action based on the 02 alleged criminal misconduct of certain minors, to the services to be provided to 03 the victims of criminal misconduct of minors, and to agency records involving 04 minors alleged to be delinquent based on their criminal misconduct; and amending 05 Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency 06 Rules." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 44.23 is amended by adding a new section to read: 09 Sec. 44.23.070. Victim/witness assistance program. If the Department of 10 Law maintains a victim/witness assistance program, subject to sufficient appropriations 11 for the purpose, the services of that program shall be extended to victims of criminal 12 offenses committed by persons under 18 years of age so that victims of these offenses 13 may exercise the rights provided to them by law. 14 * Sec. 2. AS 47.12 is amended by adding a new section to read: 01 Sec. 47.12.035. Preliminary inquiry; action based on that inquiry. 02 Whenever circumstances subject a minor to the jurisdiction of this chapter because the 03 minor is alleged to be a delinquent minor under AS 47.12.020, 04 (1) except when a court, under (2) of this section, makes an 05 appointment of a person or agency to make a preliminary inquiry and report to it, a 06 state agency 07 (A) shall make a preliminary inquiry into the alleged offense 08 and the circumstances of its commission to determine if any action is 09 appropriate; if, at the conclusion of the preliminary inquiry, the state agency 10 concludes that the matter may not be adjusted without a court hearing, the 11 agency shall file a petition under AS 47.12.045; and 12 (B) may take appropriate action under AS 47.12.060 to adjust 13 the matter without a court hearing; under this subparagraph, if the state agency 14 takes appropriate action to adjust the matter without a court hearing, the minor 15 may not be further detained or taken into custody as a condition of the 16 adjustment, and, subject to AS 47.12.060, the state agency shall close the 17 matter if the minor successfully completes all that is required of the minor by 18 the state agency in the adjustment; in a municipality or municipalities in which 19 a youth court has been established under AS 47.12.400, adjustment of the 20 matter under this subparagraph may include referral to a youth court; in a 21 municipality or municipalities in which a community intervention court has 22 been established under AS 47.12.420, adjustment of the matter under this 23 subparagraph may include referral to a community intervention court; 24 (2) the court may appoint a competent person or agency to make a 25 preliminary inquiry and report for the information of the court to determine whether 26 the interests of the minor require that any action be taken; if, under this paragraph, the 27 court appoints a person or agency to make a preliminary inquiry and report to it, then, 28 upon the receipt of the report, the court may 29 (A) informally adjust the matter without a hearing; if the court 30 informally adjusts the matter, the matter shall be closed by the court if the 31 minor successfully completes all that is required of the minor by the court in 01 the adjustment, and the minor may not be further detained or taken into the 02 custody of the court as a condition of the adjustment; or 03 (B) authorize the person or agency, or any other person or 04 agency having knowledge of the facts of the matter, to file a petition under 05 AS 47.12.045 seeking adjudication of the minor as a delinquent. 06 * Sec. 3. AS 47.12 is amended by adding new sections to read: 07 Sec. 47.12.041. Manner of conduct of preliminary inquiry. (a) When a 08 preliminary inquiry is made under AS 47.12.035, a person or agency making a 09 preliminary inquiry 10 (1) may arrange an interview of the minor, the minor's parents or 11 guardian, and any other person having relevant information; 12 (2) shall inform the minor and the minor's parents or guardian who are 13 asked to attend an interview that their attendance at the interview is voluntary. 14 (b) At or before the interview scheduled under (a) of this section, the minor 15 and the minor's parents or guardian, if present, must be advised 16 (1) that any statements may be used against the minor; and 17 (2) of the following rights of the minor: 18 (A) to have a parent or guardian present at the interview unless 19 the parent or guardian has determined not to attend; 20 (B) to remain silent; 21 (C) to have retained or appointed counsel at all stages of the 22 proceedings, including the interview; and 23 (D) if, following the preliminary inquiry, a petition seeking the 24 minor's adjudication as a delinquent is filed, to have 25 (i) an adjudication hearing on the petition before a judge 26 or jury with compulsory process to compel the attendance of witnesses; 27 and 28 (ii) the opportunity to confront and cross-examine 29 witnesses. 30 Sec. 47.12.045. Petition for delinquency adjudication. (a) The process of 31 seeking adjudication of a minor as a delinquent is commenced by the filing of a 01 petition. 02 (b) The petition and all subsequent pleadings shall be styled as follows: "In 03 the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The 04 petition may be executed upon the petitioner's information and belief, and must be 05 verified. It must include the following information: 06 (1) the name, address, and occupation of the petitioner, together with 07 the petitioner's relationship to the minor, and the petitioner's interest in the matter; 08 (2) the name, age, and address of the minor; 09 (3) a brief statement of the facts that bring the minor within this 10 chapter; 11 (4) the names and addresses of the minor's parents; 12 (5) the name and address of the minor's guardian, or of the person 13 having control or custody of the minor. 14 (c) If the petitioner does not know a fact required in this section, the petitioner 15 shall so state in the petition. 16 * Sec. 4. AS 47.12.060 is amended to read: 17 Sec. 47.12.060. Informal state agency action [BY DEPARTMENT] to 18 adjust matter. (a) The provisions of this section apply to a minor who is alleged to 19 be a delinquent minor under AS 47.12.020 and for whom a state [AN] agency has [, 20 UNDER APPLICABLE COURT RULE,] made a preliminary inquiry [BEFORE 21 TAKING APPROPRIATE ACTION] as authorized by AS 47.12.035(1) 22 [AS 47.12.040(a)]. Following the preliminary inquiry, 23 (1) [UNLESS] the state agency may dismiss the matter; however, the 24 state agency may not dismiss a matter under this paragraph unless the state 25 agency obtains the consent either of the law enforcement agency that arrested, 26 detained, or took custody of the minor for the act of the minor that is the basis 27 of the delinquency allegation to be adjusted by the informal action or of the 28 appropriate district attorney's office; or 29 (2) [DETERMINES THAT THE MATTER SHOULD BE 30 DISMISSED,] the state agency may take informal action to adjust the matter; the 31 state agency may make an informal adjustment only if the state agency 01 determines that an informal adjustment would best serve the interests of the 02 minor and the public. 03 (b) When the state agency decides to make [THAT] an informal adjustment 04 of a matter under (a)(2) of this section [SHOULD BE MADE], 05 (1) that informal adjustment may not be made without the agreement 06 or consent of the minor and the minor's parents or guardian [GUARDIANS] to the 07 terms and conditions of the adjustment; as part of the agreement or consent to the 08 terms and conditions of the adjustment, the parents or guardian shall act to 09 ensure that the whereabouts of the minor shall always be monitored by or known 10 to the parents or guardian and that, if requested, the parents or guardian shall 11 provide that information to the person or agency, to a law enforcement agency, 12 or to the victim of the act of the minor that is the basis of the delinquency 13 allegation that is to be adjusted by the informal action; 14 (2) the state agency and the minor's parents or guardian shall 15 make every reasonable effort to ensure that the informal action is successfully 16 completed; an [. AN] informal action to adjust a matter is not successfully completed 17 unless, among other factors that the agency considers, as to the victim of the act of the 18 minor that is the basis of the delinquency allegation, 19 (A) the minor pays restitution in the amount set by the agency 20 or agrees as a term or condition set by the agency to pay the restitution; and 21 (B) the minor provides a letter to the victim of the minor's 22 act that is the basis of the delinquency allegation setting out a narrative 23 account of the minor's activities under the agreement to adjust the matter. 24 * Sec. 5. AS 47.12.100(c) is amended to read: 25 (c) For purposes of making a determination under this section, 26 (1) the standard of proof is by a preponderance of the evidence; and 27 (2) the burden of proof that a minor is not amenable to treatment under 28 this chapter is on the state; however, if the petition filed under AS 47.12.045 29 [AS 47.12.040] seeking to have the court declare a minor a delinquent is based on the 30 minor's alleged commission of an offense that is an unclassified felony or class A 31 felony and that is a crime against a person, the minor 01 (A) is rebuttably presumed not to be amenable to treatment 02 under this chapter; and 03 (B) has the burden of proof of showing that the minor is 04 amenable to treatment under this chapter. 05 * Sec. 6. AS 47.12.120 is amended by adding a new subsection to read: 06 (i) When, under (a) of this section, the court enters judgment finding that a 07 minor is delinquent, the court may order the minor temporarily detained pending entry 08 of its dispositional order if the court finds that detention is necessary 09 (1) to protect the minor or the community; or 10 (2) to ensure the minor's appearance at a subsequent court hearing. 11 * Sec. 7. AS 47.12.210(b) is amended to read: 12 (b) Except as provided by AS 47.12.310(b)(1), fingerprint [FINGERPRINT] 13 records taken under this section are not subject to AS 47.12.310. 14 * Sec. 8. AS 47.12 is amended by adding a new section to read: 15 Sec. 47.12.245. Arrest. A peace officer 16 (1) may arrest a minor 17 (A) for the violation of a law or ordinance under the same 18 circumstances and in the same manner as would apply to the arrest of an adult 19 for violation of a criminal law of the state or a municipality of the state; 20 (B) if the peace officer reasonably believes the minor is a 21 fugitive from justice; 22 (C) if the peace officer has probable cause to believe that the 23 minor has violated a condition of the minor's release or probation; or 24 (D) if the peace officer reasonably believes that the minor has 25 been adjudicated a delinquent and has escaped from an institution or absconded 26 from probation, parole, or the jurisdiction of a court; 27 (2) may continue the lawful arrest of a minor that is made by a citizen. 28 * Sec. 9. AS 47.12.250 is amended to read: 29 Sec. 47.12.250. Temporary detention and detention hearing. (a) Following 30 a minor's arrest, the [A PEACE OFFICER MAY ARREST A MINOR WHO 31 VIOLATES A LAW OR ORDINANCE IN THE PEACE OFFICER'S PRESENCE, OR 01 WHOM THE PEACE OFFICER REASONABLY BELIEVES IS A FUGITIVE FROM 02 JUSTICE. A PEACE OFFICER MAY CONTINUE A LAWFUL ARREST MADE 03 BY A CITIZEN. THE] peace officer 04 (1) may have the minor placed in temporary detention [DETAINED] 05 in a juvenile detention facility or in a secure juvenile detention home or similar 06 facility that provides locked or secure detention of minors on a short-term basis 07 if in the opinion of the peace officer making or continuing the arrest temporary 08 detention of the minor [IT] is necessary [TO DO SO] to protect the minor or the 09 community or to compel the minor's attendance for court hearings; or 10 (2) unless temporary detention is authorized under (1) of this 11 subsection, shall release the minor to the minor's parents or guardian. 12 (b) A peace officer who has a minor detained under (a)(1) [(a)] of this section 13 shall immediately, and in no event more than 12 hours later, notify the court and make 14 reasonable efforts to notify the minor's parents or guardian and the department of the 15 officer's action. If the minor is arrested under AS 47.12.245(1)(B) - (D), the peace 16 officer shall also notify the Department of Law. The department may file with the 17 court a petition alleging delinquency before the detention hearing. The peace officer 18 shall make and retain a written record of the notification and of any attempt at 19 notification that is unsuccessful. 20 (c) The court shall, as soon as is practicable [IMMEDIATELY], and in no 21 event more than 48 hours later, weekends and holidays included, hold a hearing at 22 which the minor, and the minor's parents or guardian if they can be found, shall be 23 present. At the hearing, the [THE COURT SHALL DETERMINE WHETHER 24 PROBABLE CAUSE EXISTS FOR BELIEVING THE MINOR TO BE 25 DELINQUENT. THE COURT SHALL INFORM THE MINOR OF THE REASONS 26 ALLEGED TO CONSTITUTE PROBABLE CAUSE AND THE REASONS 27 ALLEGED TO AUTHORIZE THE MINOR'S DETENTION. THE] minor is entitled 28 to counsel and to confrontation of adverse witnesses. Except when the hearing 29 concerns a minor who has been placed in emergency protective custody under 30 AS 47.10.141(c), at the hearing, the court shall determine whether probable cause 31 exists for believing that the minor is delinquent based on the minor's alleged 01 violation of a law or ordinance for which the minor was arrested. Unless the 02 department has filed with the court before the hearing a petition alleging 03 delinquency, the court may make an appointment of a person or an agency to 04 initiate a preliminary inquiry under AS 47.12.035(2). The court shall inform the 05 minor of the reasons alleged to constitute probable cause to believe that the minor 06 is delinquent and the reasons alleged to authorize the minor's temporary 07 detention. 08 (d) At the hearing held under (c) of this section, 09 (1) if [IF] the court finds that probable cause exists for believing that 10 the minor is delinquent based on the minor's alleged violation of a law or 11 ordinance for which the minor was arrested, the court [IT] shall further determine 12 whether the minor should be detained pending the hearing on the petition or released; 13 the court [. IT] may either order the minor held in detention or released to the 14 custody of a suitable person pending the hearing on the petition; under this 15 paragraph, unless the court orders the continued detention of the minor, the court 16 shall order the minor released to the custody of a suitable person; the court shall 17 make the determination under this paragraph on the court's finding, based on a 18 preponderance of the evidence, the burden of which is on the state, that continued 19 detention of the minor is reasonably necessary to 20 (A) protect the minor or the community; or 21 (B) compel the minor's attendance at subsequent court 22 hearings on the delinquency adjudication petition; 23 (2) if [. IF] the court finds no probable cause to believe that the 24 minor is delinquent based on the minor's alleged violation of a law or ordinance 25 for which the minor was arrested, the court [, IT] shall order the minor released and 26 close the case. 27 (e) Except for temporary detention under (a) of this section pending a 28 detention hearing held under (c) of this section, a minor may be detained only by 29 court order. 30 * Sec. 10. AS 47.12.300(e) is amended to read: 31 (e) The court's official records under this chapter may be inspected only with 01 the court's permission and only by persons having a legitimate interest in them. A 02 person with a legitimate interest in the inspection of an official record maintained by 03 the court includes a victim who suffered physical injury or whose real or personal 04 property was damaged as a result of an offense that was the basis of an adjudication 05 or modification of disposition. If the victim knows the identity of the minor, identifies 06 the minor or the offense to the court, and certifies that the information is being sought 07 to consider or support a civil action against the minor or against the minor's parents 08 or guardian [GUARDIANS] under AS 34.50.020, the court shall, subject to 09 AS 12.61.110 and 12.61.140, allow the victim to inspect and use the following records 10 and information in connection with the civil action: 11 (1) a petition filed under AS 47.12.045 [AS 47.12.040(a)] seeking to 12 have the court declare the minor a delinquent; 13 (2) a petition filed under AS 47.12.120 seeking to have the court 14 modify or revoke the minor's probation; 15 (3) a petition filed under AS 47.12.100 requesting the court to find that 16 a minor is not amenable to treatment under this chapter and that results in closure of 17 a case under AS 47.12.100(a); and 18 (4) a court judgment or order entered under this chapter that disposes 19 of a petition identified in (1) - (3) of this subsection. 20 * Sec. 11. AS 47.12.310(b) is amended to read: 21 (b) A state or municipal agency or employee 22 (1) shall disclose information regarding a case to a state or 23 municipal law enforcement agency for a specific investigation being conducted by 24 that agency; and 25 (2) may disclose information regarding a case to 26 (A) [(1)] a guardian ad litem appointed by the court or to a 27 citizen review panel for permanency planning authorized by AS 47.14.200 - 28 47.14.220; 29 (B) [(2)] a person or an agency requested to provide 30 consultation or services for a minor who is subject to the jurisdiction of the 31 court under this chapter; 01 (C) [(3)] school officials as may be necessary to protect the 02 safety of school students and staff; 03 (D) [(4)] a governmental agency as may be necessary to obtain 04 that agency's assistance for the department in its investigation or to obtain 05 physical custody of a minor; 06 (E) [(5)] a state or municipal law enforcement agency as may 07 be necessary [FOR A SPECIFIC INVESTIGATION BEING CONDUCTED 08 BY THAT AGENCY OR] for disclosures by that agency to protect the public 09 safety; and 10 (F) [(6)] a victim as may be necessary to inform the victim 11 about the disposition or resolution of a case involving a minor. 12 * Sec. 12. AS 47.12.310(g) is amended to read: 13 (g) The department and affected law enforcement agencies shall work with 14 school districts and private schools to develop procedures for the disclosure of 15 information to school officials under (b)(2)(C) [(b)(3)] and (c)(3) of this section. The 16 procedures must provide a method for informing the principal or the principal's 17 designee of the school the student attends as soon as it is reasonably practicable. 18 * Sec. 13. AS 47.12 is amended by adding a new section to read: 19 Article 4A. Community Intervention Courts. 20 Sec. 47.12.420. Community intervention courts. (a) In a municipality or 21 combination of municipalities in which a community intervention court is established, 22 the community intervention court may hear, determine, and dispose of cases involving 23 a minor whose alleged act that brings the minor within the jurisdiction of this chapter 24 constitutes a violation of a state law that is a misdemeanor or a violation or that 25 constitutes a violation of a municipal ordinance that prescribes a penalty not exceeding 26 the penalties for an offense that is a class A misdemeanor under state law. 27 (b) The jurisdiction of a community intervention court is coextensive with the 28 boundaries of the municipality or combination of municipalities in which the 29 community intervention court is located. Nothing in this subsection prohibits two or 30 more municipalities from operating a single community intervention court for the 31 municipalities by agreement between them. 01 (c) A community intervention court may exercise only the powers that are 02 required of it by this section and the powers that are set out in the ordinance 03 establishing it. 04 (d) A community intervention court shall adjust or dispose of a matter 05 involving a minor that has been referred to it. To adjust or dispose of a matter, the 06 community intervention court and the minor shall enter into an agreement that sets out 07 all requirements set by the community intervention court as a part of its adjustment or 08 disposition to which the minor agrees. To that end, the community intervention court 09 and the minor may agree that the minor 10 (1) perform community service; 11 (2) make suitable restitution; 12 (3) obtain counseling or treatment when the community intervention 13 court and the minor agree that counseling or treatment is otherwise appropriate. 14 (e) The ordinance establishing the community intervention court must set out 15 standards and procedures by which the community intervention court, 16 (1) establishes a system by which the minor may be held accountable 17 for the conduct that brings the minor within the jurisdiction of the community 18 intervention court; 19 (2) guarantees the constitutional rights of the minor that are guaranteed 20 by the state and federal constitutions; 21 (3) may secure jurisdiction over a minor; unless otherwise provided by 22 law, the community intervention court may secure jurisdiction over the minor only 23 with the consent of the minor and the agreement of the minor's legal custodian; 24 (4) sets out the process for disposing of matters referred to it for 25 resolution; 26 (5) provides a process for appeal of a verdict or sentence, and defines 27 the basis for appeals; 28 (6) reserves the right to refer to the department, under AS 47.12.060(a), 29 a matter transmitted to the community intervention court for disposition in which the 30 minor fails, without good cause, to comply with all requirements ordered by the 31 community intervention court as a part of sentence imposed on the minor; and 01 (7) prepares and delivers a report of the disposition of the matter 02 referred to it for resolution to the commissioner. 03 (f) Subject to the privileges that witnesses have in the courts of this state, the 04 community intervention court may compel by subpoena, at a specified time and place, 05 the 06 (1) appearance and sworn testimony of a person who the community 07 intervention court reasonably believes may be able to give information relating to a 08 matter before it; and 09 (2) production by a person of a record or object that the community 10 intervention court reasonably believes may relate to a matter before it. 11 (g) If a person refuses to comply with a subpoena issued under (f) of this 12 section, the superior court may, upon application of the presiding official of the 13 community intervention court, compel obedience by proceedings for contempt in the 14 same manner as in the case of disobedience to the requirements of a subpoena issued 15 by the superior court or refusal to testify in the superior court. 16 (h) The community intervention court shall make and keep records of all cases 17 referred to it. The records of a court proceeding 18 (1) relating to a minor who complies with all requirements ordered by 19 the community intervention court as a part of sentence imposed on the minor shall be 20 sealed by the commissioner and may not be used for any purpose; and 21 (2) except as to a record described in (1) of this subsection, shall be 22 afforded at least the same protection and are subject to at least the same procedural 23 safeguards in matters relating to access, use, and security as they would be under 24 AS 47.12.310. 25 * Sec. 14. Rule 19, Alaska Delinquency Rules, is amended to read: 26 Rule 19. Prehearing Procedures [PRETRIAL CONFERENCE]. (a) 27 Determination of Adjudication Hearing Date; Prehearing Conference, Time and 28 Purpose. Promptly [AT ANY TIME] after the arraignment on petition or entry of 29 a deny plea, the court shall set a date at which the court shall hear the petition, 30 which date may not be later than 30 days from the date that the petition seeking 31 the minor's adjudication as a delinquent was filed, and may schedule a prehearing 01 [PRETRIAL] conference on the record to consider: 02 (1) simplification of the issues; 03 (2) the possibility of obtaining admissions of fact and documents which 04 will avoid the introduction of unnecessary evidence; 05 (3) the number of witnesses who will give testimony of a cumulative 06 nature; and 07 (4) such other matters as may aid in the adjudication of the petition. 08 (b) Order. The court shall enter an order setting the date for the hearing 09 of the petition for adjudication and reciting the agreement made at the prehearing 10 conference. This order controls the subsequent course of the proceedings unless 11 modified at the adjudication hearing in order to prevent manifest injustice. 12 * Sec. 15. Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules, are repealed. 13 * Sec. 16. AS 47.12.040 is repealed.