HCS CSSB 54(JUD): "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."
00HOUSE CS FOR CS FOR SENATE BILL NO. 54(JUD) 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 intentional 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 a new subsection to read: 26 (e) When a minor who is at least 16 years of age is arraigned on a charge of 27 murder in the first degree, attempted murder in the first degree, or murder in the 28 second degree under AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules do 29 not apply to the offense for which the minor is arraigned or to any additional offenses 30 joinable to it under the applicable rules of court governing criminal procedure. The 31 minor shall be charged, prosecuted, and sentenced in the superior court in the same
01 manner as an adult. 02 * Sec. 5. AS 47.10.020(a) is amended to read: 03 (a) Whenever circumstances subject [A PERSON INFORMS THE COURT 04 OF THE FACTS THAT BRING] a minor to the jurisdiction of AS 47.10.010 - 05 47.10.142 [WITHIN THIS CHAPTER], the court shall 06 (1) provide, under procedures adopted by court rule, that, for a 07 minor who is alleged to be a delinquent minor under AS 47.10.010(a), a state 08 agency shall make a preliminary inquiry to determine if any action is appropriate 09 and may take appropriate action to adjust or dispose of the matter without a 10 court hearing; if, under this paragraph, 11 (A) the state agency makes a preliminary inquiry and takes 12 appropriate action to adjust or dispose of the matter without a court 13 hearing, the minor may not be detained or taken into custody and, subject 14 to (d) of this section, the matter shall be closed by the agency if the minor 15 successfully completes all that is required of the minor by the agency in 16 the adjustment or disposition; 17 (B) the agency concludes that the matter may not be 18 adjusted or disposed of without a court hearing, the agency may file a 19 petition under (2) of this subsection setting out the facts; or 20 (2) appoint a competent person or agency to make a preliminary inquiry 21 and report for the information of the court to determine whether the interests of the 22 public or of the minor require that further action be taken; if, under this paragraph, 23 the court appoints a person or agency to make a preliminary inquiry and to 24 report to it, then upon [. UPON] the receipt of the report, the court may informally 25 adjust or dispose of the matter without a hearing, or it may authorize the person having 26 knowledge of the facts of the case to file with the court a petition setting out the facts; 27 if [. WHERE] the court informally adjusts or disposes of the matter, the minor may 28 not be detained or taken into the custody of the court, and the matter shall be closed 29 by the court upon adjustment or disposition. 30 * Sec. 6. AS 47.10.020 is amended by adding a new subsection to read: 31 (d) The provisions of this subsection apply to a minor who is alleged to be a
01 delinquent minor under AS 47.10.010(a)(1) and for whom an agency has, under 02 applicable court rule, made a preliminary inquiry before taking appropriate action as 03 authorized by (a)(1) of this section. Following the preliminary inquiry, unless the 04 agency determines that the matter should be dismissed, the agency may take informal 05 action to adjust or dispose of the matter. When the agency decides that an informal 06 adjustment or disposition of a matter should be made, that informal adjustment or 07 disposition may not be made without the agreement or consent of the minor and the 08 minor's parents or guardians to the terms and conditions of the adjustment or 09 disposition. An informal action to adjust or dispose of a matter is not successfully 10 completed unless, among other factors that the agency considers, as to the victim of 11 the act of the minor that is the basis of the delinquency allegation, the minor pays 12 restitution in the amount set by the agency or agrees as a term or condition set by the 13 agency to pay the restitution. 14 * Sec. 7. AS 47.10.060(a) is amended to read: 15 (a) When a petition has been filed under AS 47.10.020, the minor has the 16 burden of proving, by a preponderance of the evidence, that the minor is 17 amenable to treatment under this chapter. If the court finds at the [A] hearing on 18 the [A] petition that there is probable cause for believing that the [A] minor is 19 delinquent and finds that the minor is not amenable to treatment under this chapter, the 20 court [IT] shall order the case closed. After a case is closed under this subsection, the 21 minor may be prosecuted as an adult. 22 * Sec. 8. AS 47.10.060(e) is amended to read: 23 (e) A person who has been tried as an adult under this section, or the 24 department on the person's behalf, may petition the superior court to seal the records 25 of all criminal proceedings, except traffic offenses, initiated against the person, and all 26 punishments assessed against the person, while the person was a minor. A petition 27 under this subsection may not be filed until five years after the completion of the 28 sentence imposed for the offense for which the person was tried as an adult. If the 29 superior court finds that the punishment assessed against the person has had its 30 intended rehabilitative effect and further finds that the person has fulfilled all 31 orders of the court entered under AS 47.10.080(b), the superior court shall order the
01 record of proceedings and the record of punishments sealed. Sealing the records 02 restores civil rights removed because of a conviction. A person may not use these 03 sealed records for any purpose except that the court may order their use for good cause 04 shown or may order their use by an officer of the court in making a presentencing 05 report for the court. The court may not, under this subsection, seal records of a 06 criminal proceeding 07 (1) initiated against a person if the court finds that the person has 08 not complied with a court order made under AS 47.10.080(b); or 09 (2) commenced under AS 47.10.010(e) unless the minor has been 10 acquitted of all offenses with which the minor was charged or unless the most 11 serious offense of which the minor was convicted was not murder in the first 12 degree, attempted murder in the first degree, or murder in the second degree. 13 * Sec. 9. AS 47.10.080(b) is amended to read: 14 (b) If the court finds that the minor is delinquent, it shall 15 (1) order the minor committed to the department for a period of time 16 not to exceed two years or in any event extend past the day the minor becomes 19, 17 except that the department may petition for and the court may grant in a hearing (A) 18 two-year extensions of commitment that do not extend beyond the child's 19th 19 birthday if the extension is in the best interests of the minor and the public; and (B) 20 an additional one-year period of supervision past age 19 if continued supervision is in 21 the best interests of the person and the person consents to it; the department shall place 22 the minor in the juvenile facility that the department considers appropriate and that 23 may include a juvenile correctional school, detention home, or detention facility; the 24 minor may be released from placement or detention and placed on probation on order 25 of the court and may also be released by the department, in its discretion, under 26 AS 47.10.200; 27 (2) order the minor placed on probation, to be supervised by the 28 department, and released to the minor's parents, guardian, or a suitable person; if the 29 court orders the minor placed on probation, it may specify the terms and conditions 30 of probation; the probation may be for a period of time, not to exceed two years and 31 in no event extend past the day the minor becomes 19, except that the department may
01 petition for and the court may grant in a hearing 02 (A) two-year extensions of supervision that do not extend 03 beyond the child's 19th birthday if the extension is in the best interests of the 04 minor and the public; and 05 (B) an additional one-year period of supervision past age 19 if 06 the continued supervision is in the best interests of the person and the person 07 consents to it; 08 (3) order the minor committed to the department and placed on 09 probation, to be supervised by the department, and released to the minor's parents, 10 guardian, other suitable person, or suitable nondetention setting such as a family home, 11 group care facility, or child care facility, whichever the department considers 12 appropriate to implement the treatment plan of the predisposition report; if the court 13 orders the minor placed on probation, it may specify the terms and conditions of 14 probation; the department may transfer the minor, in the minor's best interests, from 15 one of the probationary placement settings listed in this paragraph to another, and the 16 minor, the minor's parents or guardian, and the minor's attorney are entitled to 17 reasonable notice of the transfer; the probation may be for a period of time, not to 18 exceed two years and in no event extend past the day the minor becomes 19, except 19 that the department may petition for and the court may grant in a hearing 20 (A) two-year extensions of commitment that do not extend 21 beyond the child's 19th birthday if the extension is in the best interests of the 22 minor and the public; and 23 (B) an additional one-year period of supervision past age 19 if 24 the continued supervision is in the best interests of the person and the person 25 consents to it; 26 (4) order the minor to make suitable restitution in lieu of or in addition 27 to the court's order under (1), (2), or (3) of this subsection; the court may not refuse 28 to make an order of restitution under this paragraph to the benefit of the victim 29 of the act of the minor that is the basis of the delinquency adjudication; 30 (5) order the minor committed to the department for placement in an 31 adventure based education program established under AS 47.21.020 with conditions
01 the court considers appropriate concerning release upon satisfactory completion of the 02 program or commitment under (1) of this subsection if the program is not satisfactorily 03 completed; or 04 (6) in addition to an order under (1) - (5) of this subsection, if the 05 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 06 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 07 purposes of this paragraph, "community service" includes work 08 (A) on a project identified in AS 33.30.901; or 09 (B) that, on the recommendation of the city council or 10 traditional village council, would benefit persons within the city or village who 11 are elderly or disabled. 12 * Sec. 10. AS 47.10.090 is repealed and reenacted to read: 13 Sec. 47.10.090. RECORDS. (a) The court shall make and keep records of all 14 cases brought before it. 15 (b) The following records pertaining to a minor who was 16 years of age or 16 older at the time of the alleged offense and who was convicted or adjudicated a 17 delinquent for the commission of that offense are public records: 18 (1) a petition filed under AS 47.10.020 seeking to have the court 19 declare the minor a delinquent; 20 (2) a petition filed under AS 47.10.080 seeking to have the court 21 revoke the minor's probation; 22 (3) a petition filed under AS 47.10.010 - 47.10.142 that, under 23 AS 47.10.060, requests the court to find that a minor is not amenable to treatment 24 under this chapter and that results in closure of a case under AS 47.10.060(a); and 25 (4) a court judgment or order entered under AS 47.10.010 - 47.10.142 26 that disposes of a petition identified in (1) - (3) of this subsection. 27 (c) Except for a record that, under (b) of this subsection, is a public record, 28 (1) the court's official records under this chapter may be inspected only 29 with the court's permission and only by persons having a legitimate interest in them; 30 (2) all information and social records pertaining to a minor and 31 prepared by an employee of the court or by a federal, state or city agency in the
01 discharge of the employee's or agency's official duty, including driver's license action 02 under AS 28.15.185, are privileged and may not be disclosed directly or indirectly to 03 anyone without the court's permission. 04 (d) Notwithstanding (c)(2) of this section, a state or city law-enforcement 05 agency 06 (1) shall disclose information regarding a case that is needed by the 07 person or agency charged with making a preliminary investigation for the information 08 of the court; and 09 (2) may disclose to school officials information regarding a case that 10 is needed by the school officials to protect the safety and well-being of school students 11 and staff. 12 (e) The court shall forward a record of adjudication of a violation of an 13 offense listed in AS 28.15.185(a) to the Department of Public Safety if the court 14 imposes a license revocation under AS 28.15.185. 15 (f) Within 30 days of the date of a minor's 18th birthday or, if the court 16 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 17 date on which the court relinquishes jurisdiction over the minor, the court shall order 18 sealed all the court's official records, information and social records pertaining to that 19 minor, as well as records of all driver's license proceedings under AS 28.15.185, 20 criminal proceedings against the minor, and punishments assessed against the minor. 21 A person may not use these sealed records for any purpose except that the court may 22 order their use for good cause shown or may order their use by an officer of the court 23 in making a presentencing report for the court. The provisions of this subsection 24 relating to the sealing of records do not apply to 25 (1) records that, under (b) of this subsection, are made public records; 26 and 27 (2) records of traffic offenses. 28 (g) The name or picture of a minor under the jurisdiction of the court may not 29 be made public in connection with the minor's status as a delinquent child or a child 30 in need of aid unless authorized by order of the court. However, notwithstanding the 31 limitation imposed by this subsection, the name of a minor who is found for the
01 second time to have violated a law that if committed by an adult would be a felony 02 shall be made public unless the court, for good cause shown, in certain individual 03 cases, enters an order prohibiting the disclosure. 04 (h) A person who violates a provision of this section is guilty of a 05 misdemeanor, and upon conviction is punishable by a fine of not more than $500 or 06 by imprisonment for not more than one year, or by both. 07 (i) In (c)(1) of this section, a person with a legitimate interest in the inspection 08 of an official record maintained by the court includes a victim who suffered damage 09 as the result of physical injury by an offense that is a crime against a person 10 committed by a minor or as a result of the knowing or intentional injury of the 11 victim's real or personal property by an offense committed by a minor. If the victim 12 knows the identity of the minor, identifies the minor to the court, and certifies that the 13 information is being sought to support a civil action against the minor or against the 14 minor's parents or guardians under AS 34.50.020, the court shall allow the victim to 15 inspect and may not refuse permission for the victim to use the following records and 16 information in connection with the civil action: 17 (1) a petition filed under AS 47.10.020 seeking to have the court 18 declare the minor a delinquent; 19 (2) a petition filed under AS 47.10.080 seeking to have the court 20 revoke the minor's probation; 21 (3) a petition filed under AS 47.10.010 - 47.10.142 that, under 22 AS 47.10.060, requests the court to find that a minor is not amenable to treatment 23 under this chapter and that results in closure of a case under AS 47.10.060(a); and 24 (4) a court judgment or order entered under AS 47.10.010 - 47.10.142 25 that disposes of a petition identified in (1) - (3) of this subsection. 26 * Sec. 11. AS 47.10.190 is amended to read: 27 Sec. 47.10.190. [CONDITIONS GOVERNING] DETENTION OF MINORS. 28 (a) When the court commits a minor to the custody of the department, the department 29 shall arrange to place the juvenile in a detention home, facility, or another suitable 30 place that the department designates for that purpose. 31 (b) A juvenile detained in a jail or similar institution at the request of the
01 department shall be held in custody in a room or other place apart and separate from 02 adults. The provisions of this subsection do not apply to a juvenile held in a jail 03 when committed to the custody of the commissioner of corrections under 04 AS 33.30. 05 * Sec. 12. AS 47.10.990 is amended by adding a new paragraph to read: 06 (10) "crime against a person" has the meaning given in AS 33.30.901. 07 * Sec. 13. APPLICABILITY. This Act applies 08 (1) to civil actions accruing on or after the effective date of this Act; and 09 (2) to offenses committed on or after the effective date of this Act. 10 * Sec. 14. This Act takes effect September 1, 1993.