HB 142: "An Act relating to the care, custody, and treatment of juveniles who are to be charged or prosecuted as adults or who have been convicted of offenses as adults."
00HOUSE BILL NO. 142 01 "An Act relating to the care, custody, and treatment of juveniles who are to be 02 charged or prosecuted as adults or who have been convicted of offenses as 03 adults." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.015(a) is amended to read: 06 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 07 sentence on a defendant convicted of an offense, may singly or in combination 08 (1) impose a 09 (A) fine when authorized by law and as provided in 10 AS 12.55.035; or 11 (B) a day fine when authorized by law and as provided in 12 AS 12.55.036, if the court does not impose a term of periodic or continuous 13 imprisonment or place the defendant on probation; 14 (2) order the defendant to be placed on probation under conditions
01 specified by the court that may include provision for active supervision; 02 (3) impose a definite term of periodic imprisonment; 03 (4) impose a definite term of continuous imprisonment; 04 (5) order the defendant to make restitution under AS 12.55.045; 05 (6) order the defendant to carry out a continuous or periodic program 06 of community work under AS 12.55.055; 07 (7) suspend execution of all or a portion of the sentence imposed under 08 AS 12.55.080; 09 (8) suspend imposition of sentence under AS 12.55.085; 10 (9) order the forfeiture to the commissioner of public safety of a deadly 11 weapon that was in the actual possession of or used by the defendant during the 12 commission of an offense described in AS 11.41, AS 11.46, AS 11.56, or AS 11.61; 13 (10) order the defendant, while incarcerated, 14 (A) to participate in or comply with the treatment plan of a 15 rehabilitation program that is related to the defendant's offense or to the 16 defendant's rehabilitation if the program is made available to the defendant by 17 the Department of Corrections; or 18 (B) if the defendant is a minor convicted as an adult under 19 AS 47.10.010(e) or after waiver of juvenile jurisdiction under 20 AS 47.10.060(a), to participate in a rehabilitation program or in a program 21 of remedial education; however, this subparagraph does not apply to 22 require a defendant to participate in a rehabilitation program or in a 23 program of remedial education if the defendant is a minor who has been 24 convicted of first degree murder under AS 11.41.100. 25 * Sec. 2. AS 12.55 is amended by adding a new section to read: 26 Sec. 12.55.057. EDUCATION OF MINORS CONVICTED AS ADULTS. 27 The court may order a defendant who is a minor convicted as an adult under 28 AS 47.10.010(e) or after waiver of juvenile jurisdiction under AS 47.10.060(a), who 29 is of school age as that term is defined by AS 14.03.070, and who has neither 30 completed the 12th grade of school nor attained a general equivalency diploma, to be 31 engaged in productive employment under AS 33.30.191(d)(2) by enrolling in a
01 program of remedial education that affords the minor an opportunity to attain an 02 educational level equivalent to the completion of the 12th grade in the public school 03 system, as measured by the general equivalency diploma test. The provisions of this 04 section do not apply to a minor who has been convicted of first degree murder under 05 AS 11.41.100. 06 * Sec. 3. AS 33.30.011 is amended to read: 07 Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall 08 (1) establish, maintain, operate, and control correctional facilities 09 suitable for the custody, care, and discipline of persons charged or convicted of 10 offenses against the state or held under authority of state law, including correctional 11 facilities for juveniles committed to the custody of the commissioner when the 12 juvenile has been charged, prosecuted, and convicted as an adult; 13 (2) classify prisoners; 14 (3) for persons committed to the custody of the commissioner, 15 establish programs, including furlough programs that are reasonably calculated to 16 (A) protect the public; 17 (B) maintain health; 18 (C) create or improve occupational skills; 19 (D) enhance educational qualifications; 20 (E) support court-ordered restitution; and 21 (F) otherwise provide for the rehabilitation and reformation of 22 prisoners, facilitating their reintegration into society; 23 (4) provide necessary medical services for prisoners in correctional 24 facilities or who are committed by a court to the custody of the commissioner, 25 including examinations for communicable and infectious diseases; 26 (5) provide necessary psychological or psychiatric treatment if a 27 physician or other health care provider, exercising ordinary skill and care at the time 28 of observation, concludes that 29 (A) a prisoner exhibits symptoms of a serious disease or injury 30 that is curable or may be substantially alleviated; and 31 (B) the potential for harm to the prisoner by reason of delay
01 or denial of care is substantial; 02 (6) establish minimum standards for sex offender treatment programs 03 offered to persons who are committed to the custody of the commissioner; and 04 (7) provide for fingerprinting in correctional facilities in accordance 05 with AS 12.80.060. 06 * Sec. 4. AS 33.30.061 is amended by adding a new subsection to read: 07 (c) Notwithstanding another provision of this chapter, for juveniles who are 08 committed to the commissioner's custody when the juvenile has been convicted as an 09 adult under AS 47.10.010(e) or has been convicted as an adult after waiver of juvenile 10 jurisdiction under AS 47.10.060, the commissioner 11 (1) shall designate the correctional facility to which a juvenile is to be 12 committed to serve a term of imprisonment or period of temporary commitment; 13 (2) may, under this subsection, 14 (A) designate a facility without regard to whether it is 15 maintained by the state, is located within the judicial district in which the 16 juvenile was convicted, or is located in the state; 17 (B) set aside a wing, section, or other discrete portion of a 18 correctional facility for the exclusive confinement of juvenile offenders; 19 (3) except when incarceration of a juvenile with adult prisoners is 20 authorized by AS 33.30.301(b), or except when transfer of the juvenile to a 21 correctional facility, or a portion of a correctional facility, that houses adult prisoners 22 is authorized by AS 33.30.196(d), may not designate under this subsection a 23 correctional facility in which adult prisoners are housed as the place to which the 24 juvenile is to be committed unless the designation is to a wing, section, or other 25 discrete portion of a correctional facility for the exclusive confinement of juveniles 26 set aside under (2)(B) of this subsection. 27 * Sec. 5. AS 33.30.071 is amended by adding a new subsection to read: 28 (d) The commissioner of public safety is responsible for the custody, care, and 29 discipline of a juvenile to be charged and prosecuted as an adult under 30 AS 47.10.010(e) or after waiver of juvenile jurisdiction under AS 47.10.060, (1) 31 pending the juvenile's arraignment, (2) if the juvenile is not released before trial under
01 AS 12.30.020 - 12.30.025, (3) if the juvenile is not released after conviction under 02 AS 12.30.040, or (4) if the juvenile's release before trial or after conviction is revoked 03 for the juvenile's failure to meet all conditions of release. When the commissioner 04 of public safety is charged with responsibility for a juvenile under this subsection, the 05 juvenile may not be confined to a correctional facility or other facility for holding 06 prisoners that houses adult prisoners unless the place of confinement is to a portion 07 of a correctional facility described in AS 33.30.061(c)(2)(B). 08 * Sec. 6. AS 33.30.191(c) is amended to read: 09 (c) The commissioner may direct a prisoner to participate in a type of 10 productive employment listed in (d)(1) and (d)(4) - (6) of this section while the 11 prisoner is confined in a correctional facility. A prisoner who refuses to participate 12 in productive employment inside a correctional facility when directed under this 13 subsection [SECTION] is subject to disciplinary sanctions imposed in accordance 14 with regulations adopted by the commissioner. Under the authority granted in this 15 subsection, the commissioner shall, when required by a court order entered 16 under AS 12.55.057, direct a prisoner who is a juvenile and who was convicted 17 as an adult under AS 47.10.010(e) or after waiver of juvenile jurisdiction under 18 AS 47.10.060(a) who is of school age, as that term is defined by AS 14.03.070, 19 and who has neither completed the 12th grade of school nor attained a general 20 equivalency diploma, to be engaged in productive employment under (d)(2) of 21 this section by enrolling in a program of remedial education that affords the 22 prisoner an opportunity to attain an educational level equivalent to the 23 completion of the 12th grade in the public school system, as measured by the 24 general equivalency diploma test. The commissioner shall provide educational 25 opportunities to juveniles under this subsection in locations within a correctional 26 facility in which adult prisoners are not present. 27 * Sec. 7. AS 33.30 is amended by adding a new section to read: 28 Sec. 33.30.196. REMEDIAL AND REHABILITATION SERVICES FOR 29 JUVENILES CONVICTED AS ADULTS. (a) Notwithstanding another provision of 30 this chapter, the commissioner shall direct a juvenile convicted as an adult under 31 AS 47.10.010(e) or convicted after waiver of juvenile jurisdiction under AS 47.10.060
01 to have, as an integral part of the juvenile's rehabilitation program, 02 (1) an initial educational and vocational assessment and an evaluation 03 of the juvenile's fitness for participation in a training program emphasizing job 04 seeking skills, whether ordered by a court under AS 12.55 or as determined by the 05 department; and 06 (2) the benefit of counseling, education, and treatment programs that 07 are related to the juvenile's offense or the juvenile's rehabilitation, as determined by 08 the department or as ordered by a court under AS 12.55.015. 09 (b) In addition to the commissioner's obligation imposed by (a) of this 10 section, the commissioner shall direct a juvenile convicted as an adult under 11 AS 47.10.010(e) or convicted after waiver of juvenile jurisdiction under AS 47.10.060 12 who is of school age, as that term is defined by AS 14.03.070, and who has neither 13 completed the 12th grade of school nor attained a general equivalency diploma, to 14 be enrolled in a program of remedial education that affords the juvenile an 15 opportunity to attain an educational level equivalent to the completion of the 12th 16 grade in the public school system, as measured by the general equivalency diploma 17 test. 18 (c) The commissioner shall provide the benefits of the program described 19 (1) in (a)(2) of this section to a juvenile convicted as an adult until the 20 minor is 20 years of age; 21 (2) in (b) of this section to a juvenile convicted as an adult until the 22 date that is the earlier of the 23 (A) minor's 20th birthday; or 24 (B) day on which the minor obtains the general equivalency 25 diploma. 26 (d) A juvenile convicted as an adult under AS 47.10.010(e) or after waiver 27 of juvenile jurisdiction under AS 47.10.060 who refuses to participate in a remedial 28 or rehabilitation service described in (a) or (b) of this section inside a correctional 29 facility when directed under (a) or (b) of this section may be transferred to a 30 correctional facility that houses adult prisoners. 31 (e) The provisions of this section do not apply to a minor who has been
01 convicted of first degree murder under AS 11.41.100. 02 * Sec. 8. AS 33.30 is amended by adding a new section to read: 03 Sec. 33.30.301. LIMITATION ON INCARCERATION OF JUVENILES. (a) 04 Except as provided in AS 33.30.196(d) and (b) of this section, a prisoner who is a 05 juvenile and who has been convicted as an adult may not be placed in a cell with a 06 prisoner who is an adult. 07 (b) The provisions of (a) of this section do not apply to a prisoner who is a 08 juvenile and who has been convicted of first degree murder under AS 11.41.100. 09 * Sec. 9. AS 44.28.020 is amended to read: 10 Sec. 44.28.020. DUTIES OF DEPARTMENT. The Department of 11 Corrections shall administer the state programs of corrections, including 12 (1) state [ADULT] penal institutions; 13 (2) probation and parole supervision; and 14 (3) extraditions and detainers. 15 * Sec. 10. AS 47.10.130(a) is amended to read: 16 (a) Except as provided by AS 33.30.071(d), 33.30.196(d), 33.30.301(b), and 17 (c) of this section, a [A] minor may not be incarcerated in a correctional facility that 18 houses adult prisoners.