CSSB 54(FIN): "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date."
00CS FOR SENATE BILL NO. 54(FIN) 01 "An Act relating to violations of laws by juveniles, to the remedies for offenses 02 and activities committed by juveniles and to records of those offenses, and to 03 incarceration of juveniles who have been charged, prosecuted, or convicted as 04 adults; and 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 the record is, by law, a public record; (3) medical and 12 related public health records; (4) records required to be kept confidential by a federal 13 law or 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 33.30.901(11) is amended to read: 26 (11) "prisoner" 27 (A) means a person [, OTHER THAN A JUVENILE,] held 28 under authority of state law in official detention as defined in AS 11.81.900(b); 29 (B) includes a juvenile committed to the custody of the 30 commissioner when the juvenile has been charged, prosecuted, or convicted 31 as an adult;
01 * Sec. 3. AS 43.23.065(b) is amended to read: 02 (b) An exemption is not available under this section for permanent fund 03 dividends taken to satisfy 04 (1) child support obligations required by court order or decision of the 05 child support enforcement agency under AS 25.27.140 - 25.27.220; 06 (2) court ordered restitution under AS 12.55.045 - 12.55.051, [OR] 07 12.55.100, or AS 47.10.080(b)(4); 08 (3) claims on defaulted scholarship loans under AS 43.23.067; 09 (4) court ordered fines; 10 (5) writs of execution under AS 09.35 of a judgment that is entered 11 (A) against a minor in a civil action to recover damages; 12 recovery under this subparagraph is limited to $2,000 and court costs, and 13 may be obtained only when the judgment is based upon 14 (i) an act of the minor that is defined as a crime 15 against a person under AS 33.30.901, that injured the plaintiff, and 16 for which the minor was adjudicated a delinquent or convicted as 17 an adult; or 18 (ii) the minor's malicious or knowing injury of real 19 or personal property of the plaintiff; 20 (B) under AS 34.50.020 against the parent, parents, legal 21 guardian, or person having the legal custody of an unemancipated minor; 22 (6) a debt owed by an eligible individual to an agency of the state, 23 unless the debt is contested and an appeal is pending, or the time limit for filing an 24 appeal has not expired. 25 * Sec. 4. AS 47.10.010 is amended by adding new subsections to read: 26 (e) Except for a minor to whom the provisions of AS 47.10.080(o) apply, the 27 procedure prescribed in AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules 28 does not apply when a minor 29 (1) was 16 years of age or older at the time of the alleged offense and 30 is charged with 31 (A) an unclassified felony or a class A felony; or
01 (B) a crime against a person that is a felony other than an 02 unclassified felony or a class A felony, and the minor has been previously 03 adjudicated as a delinquent or convicted as an adult, in this or another 04 jurisdiction, as a result of an offense that is a crime against a person and was 05 a felony under the laws of this state, or that in another jurisdiction is an offense 06 with similar elements and would be a felony if charged under the laws of this 07 state; or 08 (2) was 14 years of age or older at the time of the alleged offense but 09 had not reached 16 years of age at the time of the alleged offense and is charged with 10 (A) the offense of murder under AS 11.41.100 - 11.41.110 or 11 an attempt or solicitation to commit murder under AS 11.41.100 - 11.41.110; 12 (B) an unclassified or a class A felony, and the minor has been 13 previously adjudicated as a delinquent in this or another jurisdiction as a result 14 of an offense that is a crime against a person that would have been a felony 15 under the laws of this state if committed by an adult, or that in another 16 jurisdiction is an offense with similar elements and would be a felony if 17 charged under the laws of this state; 18 (C) a crime against a person that is a felony, and the minor has 19 been previously prosecuted and convicted as an adult of an offense that is a 20 crime against a person that is a felony in this state, or of an offense in another 21 jurisdiction with similar elements that would be a felony if charged under the 22 laws of this state. 23 (f) If a minor is charged with an offense specified in (e) of this section, except 24 for a minor to whom the provisions of AS 47.10.080(o) apply, the procedure 25 prescribed in AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules does not 26 apply with regard to a charge that is properly joined to the offense described in (e) of 27 this section, unless otherwise ordered by the court under (e) - (i) of this section. 28 (g) Except as provided in AS 47.10.080(o), a minor accused of an offense 29 specified in (e) or (f) of this section shall be charged, prosecuted, and sentenced in the 30 superior court in the same manner as an adult. If a minor is accused of an offense 31 specified in (e) of this section and the minor is to be prosecuted as an adult based
01 upon the minor's previous adjudication or conviction, the charging document shall be 02 accompanied by an sworn statement setting out the offenses that bring the minor under 03 (e) of this section. 04 (h) If a minor is charged as an adult under (e) of this section and the minor 05 is to be prosecuted as an adult based upon the minor's previous adjudication or 06 conviction, the minor may, within 10 days of the date that the minor is charged, file 07 a petition with the court seeking to have the charges heard under the procedure 08 prescribed in AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules. The 09 petition under this subsection must allege that 10 (1) the minor is amenable to treatment under this chapter before the 11 minor's 20th birthday; or 12 (2) the allegations in a sworn statement filed under (g) of this section 13 are not true. 14 (i) At a hearing on a petition 15 (1) under (h)(1) of this section, the minor bears the burden of proving 16 by a preponderance of the evidence that the minor is amenable to treatment under this 17 chapter before reaching 20 years of age; in ruling on the petition, the court shall 18 consider the factors set out in AS 47.10.060(d); 19 (2) under (h)(2) of this section, the state bears the burden of proving 20 by a preponderance of the evidence that the allegations of a sworn statement under 21 (h)(2) of this section are true. 22 (j) Nothing in this section prohibits a party to an action under this chapter 23 from seeking closure of a case under AS 47.10.060(a) and prosecution of the minor 24 as an adult. 25 * Sec. 5. AS 47.10.060(e) is amended to read: 26 (e) A person who has been tried as an adult under this section, or the 27 department on the person's behalf, may petition the superior court to seal the records 28 of all criminal proceedings, except traffic offenses, initiated against the person, and all 29 punishments assessed against the person, while the person was a minor. A petition 30 under this subsection may not be filed until five years after the completion of the 31 sentence imposed for the offense for which the person was tried as an adult. If the
01 superior court finds that the punishment assessed against the person has had its 02 intended rehabilitative effect and further finds that the person has fulfilled all 03 orders of the court entered under AS 47.10.080(b), the superior court shall order the 04 record of proceedings and the record of punishments sealed. Sealing the records 05 restores civil rights removed because of a conviction. A person may not use these 06 sealed records for any purpose except that the court may order their use for good cause 07 shown or may order their use by an officer of the court in making a presentencing 08 report for the court. The court may not, under this subsection, seal records of a 09 criminal proceeding 10 (1) initiated against a person if the court finds that the person has 11 not complied with a court order made under AS 47.10.080(b); or 12 (2) commenced 13 (A) under AS 47.10.010(e) - (i) unless the minor has been 14 acquitted of all offenses with which the minor was charged or unless the 15 most serious offense of which the minor is convicted is an offense with 16 which the minor could not be charged under AS 47.10.010(e); or 17 (B) against a person tried as an adult under this section for 18 any offense if the person has previously been adjudicated a delinquent or 19 convicted as an adult and the earlier adjudication or conviction was for a 20 crime against a person that is a felony. 21 * Sec. 6. AS 47.10.080(b) is amended to read: 22 (b) If the court finds that the minor is delinquent, it shall 23 (1) order the minor committed to the department for a period of time 24 not to exceed two years or in any event extend past the day the minor becomes 19, 25 except that the department may petition for and the court may grant in a hearing (A) 26 two-year extensions of commitment that do not extend beyond the child's 19th 27 birthday if the extension is in the best interests of the minor and the public; and (B) 28 an additional one-year period of supervision past age 19 if continued supervision is in 29 the best interests of the person and the person consents to it; the department shall place 30 the minor in the juvenile facility that the department considers appropriate and that 31 may include a juvenile correctional school, detention home, or detention facility; the
01 minor may be released from placement or detention and placed on probation on order 02 of the court and may also be released by the department, in its discretion, under 03 AS 47.10.200; 04 (2) order the minor placed on probation, to be supervised by the 05 department, and released to the minor's parents, guardian, or a suitable person; if the 06 court orders the minor placed on probation, it may specify the terms and conditions 07 of probation; the probation may be for a period of time, not to exceed two years and 08 in no event extend past the day the minor becomes 19, except that the department may 09 petition for and the court may grant in a hearing 10 (A) two-year extensions of supervision that do not extend 11 beyond the child's 19th birthday if the extension is in the best interests of the 12 minor and the public; and 13 (B) an additional one-year period of supervision past age 19 if 14 the continued supervision is in the best interests of the person and the person 15 consents to it; 16 (3) order the minor committed to the department and placed on 17 probation, to be supervised by the department, and released to the minor's parents, 18 guardian, other suitable person, or suitable nondetention setting such as a family home, 19 group care facility, or child care facility, whichever the department considers 20 appropriate to implement the treatment plan of the predisposition report; if the court 21 orders the minor placed on probation, it may specify the terms and conditions of 22 probation; the department may transfer the minor, in the minor's best interests, from 23 one of the probationary placement settings listed in this paragraph to another, and the 24 minor, the minor's parents or guardian, and the minor's attorney are entitled to 25 reasonable notice of the transfer; the probation may be for a period of time, not to 26 exceed two years and in no event extend past the day the minor becomes 19, except 27 that the department may petition for and the court may grant in a hearing 28 (A) two-year extensions of commitment that do not extend 29 beyond the child's 19th birthday if the extension is in the best interests of the 30 minor and the public; and 31 (B) an additional one-year period of supervision past age 19 if
01 the continued supervision is in the best interests of the person and the person 02 consents to it; 03 (4) order the minor to make suitable restitution in lieu of or in addition 04 to the court's order under (1), (2), or (3) of this subsection; the court may not refuse 05 to make an order of restitution under this paragraph to the benefit of the victim 06 of the act of the minor that is the basis of the delinquency adjudication; 07 (5) order the minor committed to the department for placement in an 08 adventure based education program established under AS 47.21.020 with conditions 09 the court considers appropriate concerning release upon satisfactory completion of the 10 program or commitment under (1) of this subsection if the program is not satisfactorily 11 completed; or 12 (6) in addition to an order under (1) - (5) of this subsection, if the 13 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 14 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 15 purposes of this paragraph, "community service" includes work 16 (A) on a project identified in AS 33.30.901; or 17 (B) that, on the recommendation of the city council or 18 traditional village council, would benefit persons within the city or village who 19 are elderly or disabled. 20 * Sec. 7. AS 47.10.080 is amended by adding a new subsection to read: 21 (o) If a minor is charged and prosecuted as an adult under AS 47.10.010(e) - 22 (i), and the most serious offense of which the minor is convicted is an offense with 23 which the minor could not be charged under AS 47.10.010(e), the minor shall be 24 treated as though the charges had been heard under this chapter, and the court shall 25 order disposition of the charges of which the minor is convicted under the provisions 26 of (b) of this section. However, the charges may not be disposed of under this 27 subsection if, within five days of the conviction, a motion is filed with the court 28 asserting that the minor is not amenable to treatment under this chapter and seeking 29 a disposition and sentencing as an adult based upon the minor's conviction, and the 30 motion is granted. 31 * Sec. 8. AS 47.10.090(a) is amended to read:
01 (a) The court shall make and keep records of all cases brought before it. The 02 records pertaining to a minor who was 16 years of age or older at the time of the 03 alleged offense and who was convicted or adjudicated a delinquent for the 04 commission of that offense is a public record. Except for a record that, under 05 this subsection, is a public record, the [THE] court's official records may be 06 inspected only with the court's permission and only by persons having a legitimate 07 interest in them. Except for a record that, under this subsection, is a public 08 record, all [ALL] information and social records pertaining to a minor and prepared 09 by an employee of the court or by a federal, state, or city agency in the discharge of 10 the employee's or agency's official duty, including driver's license action under 11 AS 28.15.185, are privileged and may not be disclosed directly or indirectly to anyone 12 without the court's permission. However, a state or city law-enforcement agency shall 13 disclose information regarding a case that [WHICH] is needed by the person or 14 agency charged with making a preliminary investigation for the information of the 15 court. The court shall forward a record of adjudication of a violation of an offense 16 listed in AS 28.15.185(a) to the Department of Public Safety [,] if the court imposes 17 a license revocation under AS 28.15.185. Within 30 days of the date of a minor's 18th 18 birthday or, if the court retains jurisdiction of a minor past the minor's 18th birthday, 19 within 30 days of the date on which the court relinquishes jurisdiction over the minor, 20 the court shall order sealed all the court's official records, information, and social 21 records pertaining to that minor, as well as records of all driver's license proceedings 22 under AS 28.15.185, criminal proceedings against the minor, and punishments assessed 23 against the minor except for traffic offenses, except records that, under this 24 subsection, are made public records. A person may not use these sealed records for 25 any purpose except that the court may order their use for good cause shown or may 26 order their use by an officer of the court in making a presentencing report for the 27 court. 28 * Sec. 9. AS 47.10.090 is amended by adding a new subsection to read: 29 (d) In (a) of this section, a person with a legitimate interest in the inspection 30 of an official record maintained by the court includes a victim who suffered damage 31 as the result of physical injury by an offense that is a crime against a person
01 committed by a minor or as a result of the knowing or intentional injury of the 02 victim's real or personal property by an offense committed by a minor who, because 03 of the commission of the offense, is adjudicated a delinquent under AS 47.10.080(b) 04 or whose case is closed under AS 47.10.060(a). If the victim knows the identity of 05 the minor, identifies the minor to the court, and certifies that the information obtained 06 from inspection of the record is being sought to support a civil action against the 07 minor or against the minor's parents or guardians under AS 34.50.020, the court may 08 not refuse to allow the victim to inspect the records of the adjudication proceeding and 09 may not refuse permission for the victim to use the information in connection with the 10 civil action. 11 * Sec. 10. AS 47.10.190 is amended to read: 12 Sec. 47.10.190. [CONDITIONS GOVERNING] DETENTION OF MINORS. 13 (a) When the court commits a minor to the custody of the department, the department 14 shall arrange to place the juvenile in a detention home, facility, or another suitable 15 place that the department designates for that purpose. 16 (b) A juvenile detained in a jail or similar institution at the request of the 17 department shall be held in custody in a room or other place apart and separate from 18 adults. The provisions of this subsection do not apply to a juvenile held in a jail 19 when committed to the custody of the commissioner of corrections under 20 AS 33.30. 21 * Sec. 11. AS 47.10.990 is amended by adding a new paragraph to read: 22 (10) "crime against a person" has the meaning given in AS 33.30.901. 23 * Sec. 12. APPLICABILITY. This Act applies 24 (1) to civil actions accruing after the effective date of this Act; and 25 (2) to offenses committed after the effective date of this Act, except that in 26 AS 47.10.010, as amended by sec. 4 of this Act, and AS 47.10.060, as amended by sec. 5 of 27 this Act, references to a previous adjudication or conviction includes adjudications and 28 convictions occurring before the effective date of this Act, to the extent constitutionally 29 permissible. 30 * Sec. 13. This Act takes effect September 1, 1993.