SSHB 387: "An Act relating to minors and to offenses committed by minors, and to programs relating to minors; relating to the use of citations for offenses when the offenses are committed by minors, and authorizing disposition of those offenses by citations that require performance of community service in lieu of a court appearance; establishing a curfew for minors, and authorizing municipalities to establish curfews by ordinance; relating to the detention of minors, defining certain conduct by minors as violations, and amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses involving minors; and amending Rules 3(b) and 23(d), Alaska Delinquency Rules."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387 01 "An Act relating to minors and to offenses committed by minors, and to 02 programs relating to minors; relating to the use of citations for offenses when the 03 offenses are committed by minors, and authorizing disposition of those offenses by 04 citations that require performance of community service in lieu of a court 05 appearance; establishing a curfew for minors, and authorizing municipalities to 06 establish curfews by ordinance; relating to the detention of minors, defining certain 07 conduct by minors as violations, and amending the criminal jurisdiction of the 08 district court to provide for the disposition of certain offenses involving minors; 09 and amending Rules 3(b) and 23(d), Alaska Delinquency Rules." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 10.06.961(a) is amended to read: 12 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 13 property of the minor under AS 47.10.010(c), when a minor who is in the custody of 14 this state under AS 47.10.010 - 47.10.142 or AS 47.12 [AS 47.10.010(a)(2)] or of
01 another state under a provision similar to AS 47.10.010 - 47.10.142 or AS 47.12 02 [AS 47.10.010(a)(2)] becomes entitled to receive dividends or other distributions 03 resulting from the ownership of stock or a membership in a corporation organized 04 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 05 Act), the corporation paying the dividends or making the other distributions shall retain 06 the dividends and other distributions in an interest bearing account for the benefit of 07 the minor during the state custody. 08 * Sec. 2. AS 12.62.900(11) is amended to read: 09 (11) "criminal justice information" means any of the following, other 10 than a court record, a record of traffic offenses maintained for the purpose of 11 regulating drivers' licenses, or a record of a juvenile subject to the jurisdiction of a 12 [THE JUVENILE] court under AS 47.12 [AS 47.10]: 13 (A) criminal history record information; 14 (B) nonconviction information; 15 (C) correctional treatment information; 16 (D) information relating to a person to be located, whether or 17 not that person is wanted in connection with the commission of a crime; 18 * Sec. 3. AS 12.63.010(a) is amended to read: 19 (a) A sex offender who is physically present in the state shall register as 20 provided in this section. The sex offender shall register within 21 (1) seven days of release from an in-state correctional facility; 22 (2) seven days of conviction for a sex offense if the sex offender is not 23 sentenced to a term of incarceration; [OR] 24 (3) 14 days of becoming physically present in the state, except the sex 25 offender shall register within seven days of becoming physically present in the state 26 if the sex offender 27 (A) is a probationer or parolee being supervised by the state as 28 the receiving state under AS 33.36.110 - 33.36.120; or 29 (B) has been released from an out-of-state correctional facility 30 where the sex offender was serving a term of incarceration for a sex offense 31 conviction in this state; or
01 (4) seven days of the later date set out in this paragraph if sex 02 offender registration is required under AS 47.12.100(i): 03 (A) the offender's 19th birthday; or 04 (B) the date on which an extended commitment of a minor 05 under AS 47.12.100(b)(1) - (3) expires. 06 * Sec. 4. AS 12.63.020(a) is amended to read: 07 (a) The duty of a sex offender to comply with the requirements of 08 AS 12.63.010 for each sex offense 09 (1) continues for the lifetime of a sex offender convicted of two or 10 more sex offenses; 11 (2) ends 15 years following the sex offender's unconditional discharge 12 from a conviction for a single sex offense or following the sex offender's duty to 13 first register where the registration was required under AS 12.63.010(a)(4). 14 * Sec. 5. AS 12.63.100(2) is amended to read: 15 (2) "sex offender" means 16 (A) a person convicted of a sex offense in this state or another 17 jurisdiction regardless of whether the conviction occurred before, after, or on 18 August 10, 1994; or 19 (B) a person who a court finds, 20 (i) under AS 47.12.100(a), is a delinquent on the basis 21 of the minor's commission of a sex offense; and 22 (ii) under AS 47.12.100(i), has not successfully 23 completed the treatment plan of the minor's predisposition report; 24 * Sec. 6. AS 22.07.020(a) is amended to read: 25 (a) The court of appeals has appellate jurisdiction in actions and proceedings 26 commenced in the superior court involving: 27 (1) criminal prosecution; 28 (2) post-conviction relief; 29 (3) [CHILDREN'S COURT] matters under AS 47.12 30 [AS 47.10.010(a)(1)], including waiver of [CHILDREN'S COURT] jurisdiction over 31 a minor under AS 47.12.080 [AS 47.10];
01 (4) extradition; 02 (5) habeas corpus; 03 (6) probation and parole; and 04 (7) bail. 05 * Sec. 7. AS 22.15.100 is amended to read: 06 Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND 07 MAGISTRATE. Each district judge and magistrate has the power 08 (1) to issue writs of habeas corpus for the purpose of inquiring into the 09 cause of restraint of liberty, returnable before a judge of the superior court, and the 10 same proceedings shall be had on the writ as if it had been granted by the superior 11 court judge under the laws of the state in such cases; 12 (2) of a notary public; 13 (3) to issue marriage licenses and to solemnize marriages; 14 (4) to issue warrants of arrest, summons, and search warrants according 15 to manner and procedure prescribed by law and the supreme court; 16 (5) to act as an examining judge or magistrate in preliminary 17 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 18 release of defendants under bail; 19 (6) to act as a referee in matters and actions referred to the judge or 20 magistrate by the superior court, with all powers conferred upon referees by laws; 21 (7) of the superior court in all respects including but not limited to 22 contempts, attendance of witnesses, and bench warrants; 23 (8) to order the temporary detention of a minor, or take other action 24 authorized by law or rules of procedure, in cases arising under AS 47.10.010 - 25 47.10.142 or AS 47.12 [AS 47.10], when the minor is in a condition or surrounding 26 dangerous or injurious to the welfare of the minor or others that requires immediate 27 action; the action may be continued in effect until reviewed by the superior court in 28 accordance with rules of procedure governing these cases; 29 (9) to issue a temporary order for injunctive relief in cases involving 30 domestic violence as provided in AS 25.35.010 and 25.35.020; 31 (10) to review an administrative revocation of a person's driver's license
01 or nonresident privilege to drive, and an administrative refusal to issue an original 02 license, when designated as a hearing officer by the commissioner of public safety and 03 with the consent of the administrative director of the state court system. 04 * Sec. 8. AS 29.35 is amended by adding a new section to read: 05 Sec. 29.35.085. CURFEW. A municipality may, by ordinance, provide for a 06 curfew for persons under 18 years of age for whom the disabilities of minority have 07 not been removed for general purposes under AS 09.55.590 and who have not arrived 08 at the age of majority under AS 25.20.020. 09 * Sec. 9. AS 36.30.850(b)(11) is amended to read: 10 (11) agreements with providers of services under AS 44.47.250; 11 AS 47.07; AS 47.08; AS 47.10; AS 47.12; AS 47.17; AS 47.24; AS 47.25.195, and 12 47.25.310; 13 * Sec. 10. AS 43.23.065(b) is amended to read: 14 (b) An exemption is not available under this section for permanent fund 15 dividends taken to satisfy 16 (1) child support obligations required by court order or decision of the 17 child support enforcement agency under AS 25.27.140 - 25.27.220; 18 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 19 or AS 47.12.100(b)(4) [AS 47.10.080(b)(4)]; 20 (3) claims on defaulted scholarship loans under AS 43.23.067; 21 (4) court ordered fines; 22 (5) writs of execution under AS 09.35 of a judgment that is entered 23 (A) against a minor in a civil action to recover damages and 24 court costs; 25 (B) under AS 34.50.020 against the parent, parents, or legal 26 guardian of an unemancipated minor; 27 (6) a debt owed by an eligible individual to an agency of the state, 28 unless the debt is contested and an appeal is pending, or the time limit for filing an 29 appeal has not expired. 30 * Sec. 11. AS 44.21.410(a) is amended to read: 31 (a) The office of public advocacy shall
01 (1) perform the duties of the public guardian under AS 13.26.360 - 02 13.26.410; 03 (2) provide visitors and experts in guardianship proceedings under 04 AS 13.26.131; 05 (3) provide guardian ad litem services to children in child protection 06 actions under AS 47.17.030(e) and to wards and respondents in guardianship 07 proceedings who will suffer financial hardship or become dependent upon a 08 government agency or a private person or agency if the services are not provided at 09 state expense under AS 13.26.112; 10 (4) provide legal representation in guardianship proceedings to 11 respondents who are financially unable to employ attorneys under AS 13.26.106(b), 12 to indigent parties in cases involving child custody in which the opposing party is 13 represented by counsel provided by a public agency, to indigent parents or guardians 14 of a minor respondent in a commitment proceeding concerning the minor under 15 AS 47.30.775; 16 (5) provide legal representation and guardian ad litem services under 17 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 18 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 19 petitions for the termination of parental rights on grounds set out in 20 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 21 under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under 22 AS 47.12.070; and in cases involving indigent persons who are entitled to 23 representation under AS 18.85.100 and who cannot be represented by the public 24 defender agency because of a conflict of interests; 25 (6) develop and coordinate a program to recruit, select, train, assign, 26 and supervise volunteer guardians ad litem from local communities to aid in delivering 27 services in cases in which the office of public advocacy is appointed as guardian ad 28 litem; 29 (7) provide guardian ad litem services in proceedings under 30 AS 12.45.046; 31 (8) establish a fee schedule and collect fees for services provided by
01 the office, except as provided in AS 18.85.120 or when imposition or collection of a 02 fee is not in the public interest as defined under regulations adopted by the 03 commissioner of administration; 04 (9) provide visitors and guardians ad litem in proceedings under 05 AS 47.30.839; 06 (10) provide legal representation to indigent parents under 07 AS 14.30.195(e). 08 * Sec. 12. AS 44.29.022(a) is amended to read: 09 (a) The commissioner of health and social services may establish by regulation 10 a schedule of reasonable fees for services provided by the Department of Health and 11 Social Services under AS 44.29.020(a)(1) - (8), AS 47.10, AS 47.12, AS 47.30.655 - 12 47.30.910, and AS 47.80.100 - 47.80.170. The fee established for a service may not 13 exceed the actual cost of providing the service. The commissioner may define or 14 establish the "actual cost of providing a service" by regulation. The Department of 15 Health and Social Services shall charge and collect the fees established under this 16 subsection. The department may waive collection of a fee upon a finding that 17 collection is not economically feasible or in the public interest. 18 * Sec. 13. AS 44.41.025(c) is amended to read: 19 (c) The department may enter into the Alaska automated fingerprint 20 identification system the fingerprints of a minor whose fingerprints are taken under 21 AS 47.12.210 [AS 47.10.097]. 22 * Sec. 14. AS 44.47.200 is amended to read: 23 Sec. 44.47.200. LEGAL ASSISTANCE AND JUVENILE JUSTICE GRANT 24 FUND. There is created in the department the legal assistance and juvenile justice 25 grant fund. From legislative appropriations to the fund, the department shall make 26 grants 27 (1) to eligible communities and regions for the purpose of enabling 28 them to obtain legal assistance; and 29 (2) to a nonprofit corporation established under AS 47.12.500 30 [AS 47.10.265] to operate as a youth court. 31 * Sec. 15. AS 44.47.210(b) is amended to read:
01 (b) Nonprofit corporations proposing to establish and operate youth courts 02 under AS 47.12.500 [AS 47.10.265] may apply to the department for an organizational 03 grant under AS 44.47.200(2). A grant under this subsection must be matched on a 04 dollar-for-dollar basis by the grantee in cash or in kind. The commissioner may waive 05 the match required under this subsection on a showing satisfactory to the commissioner 06 by the prospective applicant that matching funds are not available. 07 * Sec. 16. AS 44.47.220(b) is amended to read: 08 (b) Grants made under AS 44.47.200(2) shall be used to defray the costs of 09 organization of youth courts under AS 47.12.500 [AS 47.10.265]. The department 10 shall assure that the grant is spent for necessary organizational assistance and that 11 appropriate accounting procedures are maintained. Grants made under 12 AS 44.47.200(2) and this subsection may not exceed $5,000. Only one grant may be 13 made to a grantee under authority of this subsection. 14 * Sec. 17. AS 47.05.060 is amended to read: 15 Sec. 47.05.060. PURPOSE AND POLICY RELATING TO CHILDREN. The 16 purposes [PURPOSE] of AS 47.10 [THIS TITLE] as that chapter [IT] relates to 17 children are 18 (1) [IS] to secure for each child the care and guidance, preferably in 19 the child's own home, that will serve the moral, emotional, mental, and physical 20 welfare of the child and the best interests of the community; 21 (2) to preserve and strengthen the child's family ties unless efforts to 22 preserve and strengthen the ties are likely to result in physical or emotional damage 23 to the child, removing the child from the custody of the parents only as a last resort 24 when the child's welfare or safety [OR THE PROTECTION OF THE PUBLIC] cannot 25 be adequately safeguarded without removal; and 26 (3) [,] when the child is removed from the family, to secure for the 27 child adequate custody and care and adequate planning for permanent placement of the 28 child. 29 * Sec. 18. AS 47.05.060 is amended by adding a new subsection to read: 30 (b) The purposes of AS 47.12 as that chapter relates to children are 31 (1) to separately restate laws applicable to the disposition of criminal
01 offenses that are committed by minors; 02 (2) to affirm that the purpose of that chapter includes protection of the 03 public and reformation of the offender; 04 (3) to provide that, for the most common of offenses committed by 05 minors, those punishable as misdemeanors or as noncriminal offenses, resolution 06 should require some form of sanction, that the form of the sanction should be certain, 07 that the imposition of the sanction should be swift, and that the sanction may take the 08 form of a reasonable claim on the time and talents of the minor who has committed 09 the offense; 10 (4) to ensure that, to the greatest degree possible, resolution take into 11 account the interests of the minor's family or guardian; and 12 (5) to provide that counseling provided to the minor must include the 13 minor's family or guardian, that the minor's family or guardian has the right to offer 14 suggestions and make recommendations for the correction of the minor's behavior, and 15 that the minor's family or guardian may be asked to participate in supervision of the 16 minor's treatment. 17 * Sec. 19. AS 47.10.010(a) is amended to read: 18 (a) Proceedings relating to a minor under 18 years of age residing or found in 19 the state are governed by AS 47.10.010 - 47.10.142 [THIS CHAPTER], except as 20 otherwise provided in AS 47.10.010 - 47.10.142 [THIS CHAPTER], when the court 21 finds the minor 22 [(1) TO BE A DELINQUENT MINOR AS A RESULT OF 23 VIOLATING A CRIMINAL LAW OF THE STATE OR A MUNICIPALITY OF THE 24 STATE; OR 25 (2)] to be a child in need of aid as a result of 26 (1) [(A)] the child [BEING HABITUALLY ABSENT FROM HOME 27 OR REFUSING TO ACCEPT AVAILABLE CARE, OR] having no parent, guardian, 28 custodian, or relative caring or willing to provide care, including physical abandonment 29 by 30 (A) [(i)] both parents, 31 (B) [(ii)] the surviving parent, or
01 (C) [(iii)] one parent if the other parent's rights and 02 responsibilities have been terminated under AS 25.23.180(c) or AS 47.10.080 03 or voluntarily relinquished; 04 (2) [(B)] the child being in need of medical treatment to cure, 05 alleviate, or prevent substantial physical harm, or in need of treatment for mental harm 06 as evidenced by failure to thrive, severe anxiety, depression, withdrawal, or untoward 07 aggressive behavior or hostility toward others, and the child's parent, guardian, or 08 custodian has knowingly failed to provide the treatment; 09 (3) [(C)] the child having suffered substantial physical harm or if there 10 is an imminent and substantial risk that the child will suffer such harm as a result of 11 the actions done by or conditions created by the child's parent, guardian, or custodian 12 or the failure of the parent, guardian, or custodian adequately to supervise the child; 13 (4) [(D)] the child having been, or being in imminent and substantial 14 danger of being, sexually abused either by the child's parent, guardian, or custodian, 15 or as a result of conditions created by the child's parent, guardian, or custodian, or by 16 the failure of the parent, guardian, or custodian adequately to supervise the child; 17 (5) [(E)] the child committing delinquent acts as a result of pressure, 18 guidance, or approval from the child's parents, guardian, or custodian; 19 (6) [(F)] the child having suffered substantial physical abuse or neglect 20 as a result of conditions created by the child's parent, guardian, or custodian. 21 * Sec. 20. AS 47.10.020(a) is amended to read: 22 (a) Whenever circumstances subject a minor to the jurisdiction of 23 AS 47.10.010 - 47.10.142, the court shall 24 [(1) PROVIDE, UNDER PROCEDURES ADOPTED BY COURT 25 RULE, THAT, FOR A MINOR WHO IS ALLEGED TO BE A DELINQUENT 26 MINOR UNDER AS 47.10.010(a)(1), A STATE AGENCY SHALL MAKE A 27 PRELIMINARY INQUIRY TO DETERMINE IF ANY ACTION IS APPROPRIATE 28 AND MAY TAKE APPROPRIATE ACTION TO ADJUST OR DISPOSE OF THE 29 MATTER WITHOUT A COURT HEARING; IF, UNDER THIS PARAGRAPH, 30 (A) THE STATE AGENCY MAKES A PRELIMINARY 31 INQUIRY AND TAKES APPROPRIATE ACTION TO ADJUST OR
01 DISPOSE OF THE MATTER WITHOUT A COURT HEARING, THE 02 MINOR MAY NOT BE DETAINED OR TAKEN INTO CUSTODY AS A 03 CONDITION OF THE ADJUSTMENT OR DISPOSITION AND, SUBJECT 04 TO (d) OF THIS SECTION, THE MATTER SHALL BE CLOSED BY THE 05 AGENCY IF THE MINOR SUCCESSFULLY COMPLETES ALL THAT IS 06 REQUIRED OF THE MINOR BY THE AGENCY IN THE ADJUSTMENT 07 OR DISPOSITION; IN A MUNICIPALITY OR MUNICIPALITIES IN 08 WHICH A YOUTH COURT HAS BEEN ESTABLISHED UNDER 09 AS 47.10.265, ADJUSTMENT OR DISPOSITION OF THE MATTER 10 UNDER THIS PARAGRAPH MAY INCLUDE REFERRAL TO THE YOUTH 11 COURT; 12 (B) THE AGENCY CONCLUDES THAT THE MATTER 13 MAY NOT BE ADJUSTED OR DISPOSED OF WITHOUT A COURT 14 HEARING, THE AGENCY MAY FILE A PETITION UNDER (2) OF THIS 15 SUBSECTION SETTING OUT THE FACTS; OR 16 (2)] appoint a competent person or agency to make a preliminary 17 inquiry and report for the information of the court to determine whether the interests 18 of the public or of the minor require that further action be taken; if, under this 19 subsection [PARAGRAPH], the court appoints a person or agency to make a 20 preliminary inquiry and to report to it, then upon the receipt of the report, the court 21 may informally adjust or dispose of the matter without a hearing, or it may authorize 22 the person having knowledge of the facts of the case to file with the court a petition 23 setting out the facts; if the court informally adjusts or disposes of the matter, the minor 24 may not be detained or taken into the custody of the court as a condition of the 25 adjustment or disposition, and the matter shall be closed by the court upon adjustment 26 or disposition. 27 * Sec. 21. AS 47.10.020(b) is amended to read: 28 (b) The petition and all subsequent pleadings shall be styled as follows: "In 29 the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The 30 petition may be executed upon the petitioner's information and belief, and must be 31 verified. It must include the following information:
01 (1) the name, address, and occupation of the petitioner, together with 02 the petitioner's relationship to the minor, and the petitioner's interest in the matter; 03 (2) the name, age, and address of the minor; 04 (3) a brief statement of the facts that bring the minor within 05 AS 47.10.010 - 47.10.142 [THIS CHAPTER]; 06 (4) the names and addresses of the minor's parents; 07 (5) the name and address of the minor's guardian, or of the person 08 having control or custody of the minor. 09 * Sec. 22. AS 47.10.030(b) is amended to read: 10 (b) In all cases under AS 47.10.010 - 47.10.142, [THIS CHAPTER] the minor, 11 each parent of the minor, and the guardian of the minor shall be given notice adequate 12 to give actual notice of the proceedings and the possibility of termination of parental 13 rights and responsibilities, taking into account education and language differences that 14 are known or reasonably ascertainable by the petitioner or the department. The notice 15 of the hearing must contain all names by which the minor has been identified. Notice 16 shall be given in the manner appropriate under rules of civil procedure for the service 17 of process in a civil action under Alaska law or in any manner the court by order 18 directs. Proof of the giving of the notice shall be filed with the court before the 19 petition is heard. The court may also subpoena the parent of the minor, or any other 20 person whose testimony may be necessary at the hearing. A subpoena or other process 21 may be served by a person authorized by law to make the service, and where personal 22 service cannot be made, the court may direct that service of process be in a manner 23 appropriate under rules of civil procedure for the service of process in a civil action 24 under Alaska law or in any manner the court directs. 25 * Sec. 23. AS 47.10.050(a) is amended to read: 26 (a) Whenever in the course of proceedings instituted under AS 47.10.010 - 27 47.10.142 [THIS CHAPTER] it appears to the court that the welfare of a minor will 28 be promoted by the appointment of an attorney to represent the minor or an attorney 29 or other person to serve as guardian ad litem, the court may make the appointment. 30 Appointment of a guardian ad litem or attorney shall be made under the terms of 31 AS 25.24.310.
01 * Sec. 24. AS 47.10.070(a) is amended to read: 02 (a) The court may conduct the hearing on the petition in an informal manner 03 in the courtroom or in chambers. [A HEARING MAY BE HELD BEFORE A 04 YOUNG ADULT ADVISORY PANEL IN ACCORDANCE WITH AS 47.10.075.] 05 The court shall give notice of the hearing to the department and it may send a 06 representative to the hearing. The court shall also transmit a copy of the petition to 07 the department. The representative of the department may also be heard at the hearing. 08 The public shall be excluded from the hearing, but the court, in its discretion, may 09 permit individuals to attend a hearing [,] if their attendance is compatible with the best 10 interests of the minor. Nothing in this section may be applied in such a way as to 11 deny a child's rights to a public trial and to a trial by jury. 12 * Sec. 25. AS 47.10.080(a) is amended to read: 13 (a) The court, at the conclusion of the hearing, or thereafter as the 14 circumstances of the case may require, shall find and enter a judgment that the minor 15 is or is not [DELINQUENT OR] a child in need of aid. 16 * Sec. 26. AS 47.10.080(c) is amended to read: 17 (c) If the court finds that the minor is a child in need of aid, it shall 18 (1) order the minor committed to the department for placement in an 19 appropriate setting for a period of time not to exceed two years or in any event past 20 the date the minor becomes 19 years of age, except that the department may petition 21 for and the court may grant in a hearing (A) two-year extensions of commitment that 22 do not extend beyond the minor's 19th birthday if the extension is in the best interests 23 of the minor and the public; and (B) an additional one-year period of supervision past 24 age 19 if the continued supervision is in the best interests of the person and the person 25 consents to it; the department may transfer the minor, in the minor's best interests, 26 from one placement setting to another, and the minor, the minor's parents or guardian, 27 and the minor's attorney are entitled to reasonable notice of the transfer; 28 (2) order the minor released to the minor's parents, guardian, or some 29 other suitable person, and, in appropriate cases, order the parents, guardian, or other 30 person to provide medical or other care and treatment; if the court releases the minor, 31 it shall direct the department to supervise the care and treatment given to the minor,
01 but the court may dispense with the department's supervision if the court finds that the 02 adult to whom the minor is released will adequately care for the minor without 03 supervision; the department's supervision may not exceed two years or in any event 04 extend past the date the minor reaches age 19, except that the department may petition 05 for and the court may grant in a hearing 06 (A) two-year extensions of supervision that do not extend 07 beyond the minor's 19th birthday if the extension is in the best interests of the 08 minor and the public; and 09 (B) an additional one-year period of supervision past age 19 if 10 the continued supervision is in the best interests of the person and the person 11 consents to it; or 12 (3) by order, upon a showing in the adjudication by clear and 13 convincing evidence that there is a child in need of aid under AS 47.10.010(a) 14 [AS 47.10.010(a)(2)] as a result of parental conduct and upon a showing in the 15 disposition by clear and convincing evidence that the parental conduct is likely to 16 continue to exist if there is no termination of parental rights, terminate parental rights 17 and responsibilities of one or both parents and commit the child to the department or 18 to a legally appointed guardian of the person of the child, and the department or 19 guardian shall report annually to the court on efforts being made to find a permanent 20 placement for the child. 21 * Sec. 27. AS 47.10.080(e) is amended to read: 22 (e) If the court finds that the minor is not [DELINQUENT OR] a child in need 23 of aid, it shall immediately order the minor released from the department's custody and 24 returned to the minor's parents, guardian, or custodian, and dismiss the case. 25 * Sec. 28. AS 47.10.080(f) is amended to read: 26 (f) A minor found to be [DELINQUENT OR] a child in need of aid is a ward 27 of the court [STATE] while committed to the department or the department has the 28 power to supervise the minor's actions. The court shall review an order made under 29 [(b) OR] (c)(1) or (2) of this section annually, and may review the order more 30 frequently to determine if continued placement, probation, or supervision, as it is being 31 provided, is in the best interest of the minor and the public. If annual review under
01 this subsection would arise within 90 days of the hearing required under (l) of this 02 section, the court may postpone review under this subsection until the time set for the 03 hearing. The department, the minor, the minor's parents, guardian, or custodian are 04 entitled, when good cause is shown, to a review on application. If the application is 05 granted, the court shall afford these parties and their counsel reasonable notice in 06 advance of the review and hold a hearing where these parties and their counsel shall 07 be afforded an opportunity to be heard. The minor shall be afforded the opportunity 08 to be present at the review. 09 * Sec. 29. AS 47.10.080(g) is amended to read: 10 (g) [AN ADJUDICATION UNDER THIS CHAPTER UPON THE STATUS 11 OF A CHILD MAY NOT OPERATE TO IMPOSE ANY OF THE CIVIL 12 DISABILITIES ORDINARILY IMPOSED BY CONVICTION UPON A CRIMINAL 13 CHARGE, NOR MAY A MINOR AFTERWARD BE CONSIDERED A CRIMINAL 14 BY THE ADJUDICATION, NOR MAY THE ADJUDICATION BE AFTERWARD 15 DEEMED A CONVICTION, NOR MAY A MINOR BE CHARGED WITH OR 16 CONVICTED OF A CRIME IN A COURT, EXCEPT AS PROVIDED IN THIS 17 CHAPTER.] The commitment and placement of a child and evidence given in the 18 court in a proceeding under AS 47.10.010 - 47.10.142 are not admissible as evidence 19 against the minor in a subsequent case or proceedings in any other court, nor does the 20 commitment and placement or evidence operate to disqualify a minor in a future civil 21 service examination or appointment in the state. 22 * Sec. 30. AS 47.10.080(i) is amended to read: 23 (i) A minor, the minor's parents or guardian acting on the minor's behalf, or 24 the department may appeal a judgment or order, or the stay, modification, setting aside, 25 revocation, or enlargement of a judgment or order issued by the court under 26 AS 47.10.010 - 47.10.142 [THIS CHAPTER]. 27 * Sec. 31. AS 47.10.080(l) is amended to read: 28 (l) Within 18 months after the date a child is initially taken into custody by 29 the department under AS 47.10.142(c) or committed to the custody of the department 30 under [(b)(3),] (c)(1) [,] or [(c)] (3) of this section [,] or AS 47.10.230(c), the court 31 shall hold a hearing to review the placement and services provided and to determine
01 the future status of the minor. The court shall make appropriate written findings, 02 including findings related to the following: 03 (1) whether the child should be returned to the parent; 04 (2) whether the child should remain in out-of-home care for a specified 05 period; 06 (3) whether the child should remain in out-of-home care on a 07 permanent or long-term basis because of special needs or circumstances; 08 (4) whether the child should be placed for adoption or legal 09 guardianship. 10 * Sec. 32. AS 47.10.082 is amended to read: 11 Sec. 47.10.082. BEST INTERESTS OF CHILD AND OTHER 12 CONSIDERATIONS. [IN MAKING ITS DISPOSITIONAL ORDER UNDER 13 AS 47.10.080(b) THE COURT SHALL CONSIDER THE BEST INTERESTS OF 14 THE CHILD AND THE PUBLIC.] In making its dispositional order under 15 AS 47.10.080(c), the court shall consider 16 (1) the best interests of the child; and 17 (2) [. IN EITHER CASE THE COURT SHALL CONSIDER ALSO] 18 the ability of the state to take custody and to care for the child to protect the child's 19 best interests under AS 47.10.010 - 47.10.142. 20 * Sec. 33. AS 47.10.084(a) is amended to read: 21 (a) When a child is committed under AS 47.10.080(c)(1) [AS 47.10.080(b)(1) 22 OR (c)(1)] to the department or released under AS 47.10.080(c)(2) [AS 47.10.080(b)(2) 23 OR (3) OR (c)(2)] to the child's parents, guardian, or other suitable person, a 24 relationship of legal custody exists. This relationship imposes on the department and 25 its authorized agents or the parents, guardian, or other suitable person the responsibility 26 of physical care and control of the child, the determination of where and with whom 27 the child shall live, the right and duty to protect, train, and discipline the child, and the 28 duty of providing the child with food, shelter, education, and medical care. These 29 obligations are subject to any residual parental rights and responsibilities and rights and 30 responsibilities of a guardian if one has been appointed. When a child is committed 31 to the department and the department places the child with the child's parent, the
01 parent has the responsibility to provide and pay for food, shelter, education, and 02 medical care for the child. When parental rights have been terminated, or there are 03 no living parents and no guardian has been appointed, the responsibilities of legal 04 custody include those in (b) and (c) of this section. The department or person having 05 legal custody of the child may delegate any of the responsibilities under this section, 06 except authority to consent to marriage, adoption, and military enlistment may not be 07 delegated. For purposes of AS 47.10.010 - 47.10.142, [THIS CHAPTER] a person in 08 charge of a placement setting is an agent of the department. 09 * Sec. 34. AS 47.10.090(c) is amended to read: 10 (c) Within 30 days of the date of a minor's 18th birthday or, if the court 11 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 12 date on which the court releases jurisdiction over the minor, the court shall order all 13 the court's official records pertaining to that minor in a proceeding under 14 AS 47.10.010 - 47.10.142 sealed [, AS WELL AS RECORDS OF ALL DRIVER'S 15 LICENSE PROCEEDINGS UNDER AS 28.15.185, CRIMINAL PROCEEDINGS 16 AGAINST THE MINOR, AND PUNISHMENTS ASSESSED AGAINST THE 17 MINOR]. A person may not use these sealed records for any purpose except that the 18 court may order their use for good cause shown or may order their use by an officer 19 of the court in making a presentencing report for the court. [THE PROVISIONS OF 20 THIS SUBSECTION RELATING TO THE SEALING OF RECORDS DO NOT 21 APPLY TO RECORDS OF TRAFFIC OFFENSES.] 22 * Sec. 35. AS 47.10.090(d) is amended to read: 23 (d) The name or picture of a minor under the jurisdiction of the court may not 24 be made public in connection with the minor's status as a [DELINQUENT CHILD OR 25 A] child in need of aid unless authorized by order of the court. 26 * Sec. 36. AS 47.10.090(e) is amended to read: 27 (e) The court's official records under AS 47.10.010 - 47.10.142 [THIS 28 CHAPTER] may be inspected only with the court's permission and only by persons 29 having a legitimate interest in them. [A PERSON WITH A LEGITIMATE 30 INTEREST IN THE INSPECTION OF AN OFFICIAL RECORD MAINTAINED BY 31 THE COURT INCLUDES A VICTIM WHO SUFFERED PHYSICAL INJURY OR
01 WHOSE REAL OR PERSONAL PROPERTY WAS DAMAGED AS A RESULT OF 02 AN OFFENSE THAT WAS THE BASIS OF AN ADJUDICATION OR 03 MODIFICATION OF DISPOSITION. IF THE VICTIM KNOWS THE IDENTITY 04 OF THE MINOR, IDENTIFIES THE MINOR OR THE OFFENSE TO THE COURT, 05 AND CERTIFIES THAT THE INFORMATION IS BEING SOUGHT TO CONSIDER 06 OR SUPPORT A CIVIL ACTION AGAINST THE MINOR OR AGAINST THE 07 MINOR'S PARENTS OR GUARDIANS UNDER AS 34.50.020, THE COURT 08 SHALL, SUBJECT TO AS 12.61.110 AND 12.61.140, ALLOW THE VICTIM TO 09 INSPECT AND USE THE FOLLOWING RECORDS AND INFORMATION IN 10 CONNECTION WITH THE CIVIL ACTION: 11 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 12 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 13 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 14 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 15 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 16 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT 17 UNDER THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE 18 UNDER AS 47.10.060(a); AND 19 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 20 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 21 (3) OF THIS SUBSECTION.] 22 * Sec. 37. AS 47.10.093(a) is amended to read: 23 (a) Except as specified in AS 47.10.092 and (b) - (g) [(b) - (f) AND (h)] of 24 this section, all information and social records pertaining to a minor who is subject to 25 AS 47.10.010 - 47.10.142 [THIS CHAPTER] or AS 47.17 prepared by or in the 26 possession of a federal, state, or municipal agency or employee in the discharge of the 27 agency's or employee's official duty [, INCLUDING DRIVER'S LICENSE ACTIONS 28 UNDER AS 28.15.185,] are privileged and may not be disclosed directly or indirectly 29 to anyone without a court order. 30 * Sec. 38. AS 47.10.100(c) is amended to read: 31 (c) If a minor is adjudicated [A DELINQUENT OR] a child in need of aid
01 before the minor's 18th birthday, the court may retain jurisdiction over the minor after 02 the minor's 18th birthday for the purpose of supervising the minor's rehabilitation, but 03 the court's jurisdiction over the minor under this chapter never extends beyond the 04 minor's 19th birthday, except that the department may apply for and the court may 05 grant an additional one-year period of supervision past age 19 if continued supervision 06 is in the best interests of the person and the person consents to it. The department 07 may retain jurisdiction over a child between the child's 18th and 19th birthdays for the 08 purpose of supervising the child's rehabilitation, if the child has been placed under the 09 supervision of the department before the child's 18th birthday, except that the 10 department may apply for and the court may grant an additional one-year period of 11 supervision past age 19 if continued supervision is in the best interests of the person 12 and the person consents to it. 13 * Sec. 39. AS 47.10.110 is amended to read: 14 Sec. 47.10.110. APPOINTMENT OF GUARDIAN OR CUSTODIAN. When, 15 in the course of a proceeding under AS 47.10.010 - 47.10.142 [THIS CHAPTER], it 16 appears to the court that the welfare of a minor will be promoted by the appointment 17 of a guardian or custodian of the minor's person, the court may make the appointment. 18 The court shall have a summons issued and served upon the parents of the minor, if 19 they can be found, in a manner and within a time before the hearing that the court 20 considers reasonable. The court may determine whether the father, mother, or the 21 department shall have the custody and control of the minor. If the minor is of 22 sufficient age and intelligence to state desires, the court shall consider them. 23 * Sec. 40. AS 47.10.120(a) is amended to read: 24 (a) When a child in need of aid [OR A DELINQUENT MINOR] is committed 25 under AS 47.10.010 - 47.10.142 [THIS CHAPTER], the court may [SHALL], after 26 giving the parent or legal guardian a reasonable opportunity to be heard, adjudge that 27 the parent or guardian pay to the department in a manner that the court directs a sum 28 that is based on the fee schedule adopted under AS 44.29.022 to cover in full or in 29 part the maintenance and care of the child or minor. 30 * Sec. 41. AS 47.10.141(b) is amended to read: 31 (b) A peace officer shall take into protective custody a minor described in (a)
01 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) 02 of this section applies, when a peace officer takes a minor into protective custody 03 under this subsection, 04 (1) the peace officer, exercising [SHALL EXERCISE] the officer's 05 discretion, shall 06 (A) [AND (1)] return the minor to the minor's parent or 07 guardian [LEGAL CUSTODIAN] if the minor and the minor's parent or 08 guardian consent [LEGAL CUSTODIAN CONSENTS] to the return, except 09 that the officer may not use this option if the officer has reasonable cause to 10 suspect that the minor has experienced physical or sexual abuse in the parent's 11 or guardian's [LEGAL CUSTODIAN'S] household; 12 (B) [(2)] take the minor to a nearby location agreed to by the 13 minor and the minor's parent or guardian [LEGAL CUSTODIAN]; or 14 (C) [(3)] take the minor to 15 (i) an office specified by the Department of Health and 16 Social Services; 17 (ii) [,] a program for runaway minors licensed by the 18 department under AS 47.10.310; 19 (iii) [,] a shelter for runaways that has a permit from the 20 department under AS 47.35.085 that agrees to shelter the minor; 21 (iv) [, OR] a facility or contract agency of the 22 department; or 23 (v) another suitable location and promptly notify the 24 department, if [. IF] an office specified by the department, a licensed 25 program for runaway minors, a shelter for runaways that will accept the 26 minor, or a facility or contract agency of the department does not exist 27 in the community; 28 (2) a [, THE OFFICER SHALL TAKE THE MINOR TO ANOTHER 29 SUITABLE LOCATION AND PROMPTLY NOTIFY THE DEPARTMENT. A] 30 minor under protective custody may not be housed in a jail or other detention facility; 31 (3) the peace officer, immediately [. IMMEDIATELY] upon taking
01 a minor into protective custody, [THE OFFICER] shall 02 (A) advise the minor orally and in writing of the right to social 03 services under AS 47.10.142(b); [,] and 04 (B) [,] if the identity of the minor's parent or guardian is 05 known, [THE OFFICER SHALL] advise the minor's parent or guardian 06 [LEGAL CUSTODIAN] that the minor has been taken into protective custody 07 and that counseling services for the minor's parent or guardian 08 [CUSTODIAN] and the minor's household may be available under 09 AS 47.10.142(b). 10 * Sec. 42. AS 47.10.141(c) is amended to read: 11 (c) A peace officer may detain and take a minor [MAY BE TAKEN] into 12 emergency protective custody under the circumstances described in and subject to 13 the limitations imposed by this subsection [BY A PEACE OFFICER AND PLACED 14 INTO TEMPORARY DETENTION IN A JUVENILE DETENTION HOME IN THE 15 LOCAL COMMUNITY IF THERE HAS BEEN AN ORDER ISSUED BY A COURT 16 UNDER A FINDING OF PROBABLE CAUSE THAT (1) THE MINOR IS A 17 RUNAWAY IN WILFUL VIOLATION OF A VALID COURT ORDER ISSUED 18 UNDER AS 47.10.080 OR 47.10.142(f), (2) THE MINOR'S CURRENT SITUATION 19 POSES A SEVERE AND IMMINENT RISK TO THE MINOR'S LIFE OR SAFETY, 20 AND (3) NO REASONABLE PLACEMENT ALTERNATIVE EXISTS WITHIN THE 21 COMMUNITY. FOR THE PURPOSES OF THIS SUBSECTION, A RISK MAY NOT 22 BE CONSIDERED SEVERE AND IMMINENT SOLELY BECAUSE OF THE 23 GENERAL CONDITIONS FOR RUNAWAY MINORS IN THE COMMUNITY, BUT 24 SHALL BE ASSESSED IN VIEW OF THE SPECIFIC BEHAVIOR AND 25 SITUATION OF THE MINOR]. A minor 26 (1) may be detained by a peace officer under this subsection 27 (A) when the peace officer reasonably believes that the 28 minor is a runaway in wilful violation of a valid court order entered 29 (i) under AS 47.10.080(c)(1) or AS 47.12.100(b)(1) or 30 (3) committing the minor to the custody of the department and 31 placed by the department in a juvenile correctional facility, juvenile
01 work camp, treatment facility, group care facility, detention home, 02 detention facility, or similar juvenile facility, or a facility providing 03 out-of-home care to the minor; or 04 (ii) under AS 47.10.142(f); or 05 (B) when a court has entered an order based on a finding 06 of probable cause that 07 (i) the minor is a runaway in wilful violation of a 08 valid court order entered under AS 47.10.080, other than an order 09 entered under AS 47.10.080(c)(1), 47.10.142(f), or AS 47.12.100(b)(1) 10 or (3); 11 (ii) the minor's current situation poses a severe and 12 imminent risk to the minor's life or safety; however, a risk may not 13 be considered severe and imminent solely because of the general 14 conditions of runaway minors in the community, but shall be 15 assessed in view of the specific behavior and situation of the minor; 16 and 17 (iii) a reasonable placement alternative for the minor 18 does not exist in the community; 19 (2) detained under this subsection shall be brought before a court on 20 the day the minor is detained, or, if that is not possible, within 24 hours after the 21 detention, for a hearing to determine the most appropriate placement in the best 22 interests of the minor; 23 (3) detained [. A MINOR TAKEN INTO EMERGENCY 24 PROTECTIVE CUSTODY] under this subsection may not be detained for more than 25 24 hours, except as provided under AS 47.10.140; 26 (4) detained and placed in emergency [. EMERGENCY] protective 27 custody under this subsection may not be placed [INCLUDE PLACEMENT OF A 28 MINOR] in a jail and may not be placed in a [OR SECURE] facility other than a 29 juvenile detention home; and 30 (5) may not be detained under this subsection if the [, NOR MAY 31 AN ORDER FOR PROTECTIVE CUSTODY BE ENFORCED AGAINST A] minor
01 [WHO] is residing in a licensed program for runaway minors, as defined in 02 AS 47.10.390. 03 * Sec. 43. AS 47.10.142(a) is amended to read: 04 (a) The Department of Health and Social Services may take emergency 05 custody of a minor upon discovering any of the following circumstances: 06 (1) the minor has been abandoned; 07 (2) the minor has been grossly neglected by the minor's parents or 08 guardian, as "neglect" is defined in AS 47.17.290, and the department determines that 09 immediate removal from the minor's surroundings is necessary to protect the minor's 10 life or provide immediate necessary medical attention; 11 (3) the minor has been subjected to child abuse or neglect by a person 12 responsible for the minor's welfare, as "child abuse or neglect" is defined in 13 AS 47.17.290, and the department determines that immediate removal from the minor's 14 surroundings is necessary to protect the minor's life or that immediate medical 15 attention is necessary; or 16 (4) the minor has been sexually abused under circumstances listed in 17 AS 47.10.010(a)(4) [AS 47.10.010(a)(2)(D)]. 18 * Sec. 44. AS 47.10.150 is amended to read: 19 Sec. 47.10.150. GENERAL POWERS OF DEPARTMENT OVER JUVENILE 20 INSTITUTIONS. The department may 21 (1) purchase, lease, or construct buildings or other facilities for the 22 care, detention, rehabilitation, and education of children in need of aid or delinquent 23 minors; 24 (2) adopt plans for construction of juvenile homes, juvenile work 25 camps, juvenile detention facilities, and other juvenile institutions; 26 (3) adopt standards and regulations [UNDER THIS CHAPTER] for the 27 design, construction, repair, maintenance, and operation of all juvenile detention 28 homes, work camps, facilities, and institutions; 29 (4) inspect periodically each juvenile detention home, work camp, 30 facility, or other institution to ensure that the standards and regulations adopted are 31 being maintained;
01 (5) reimburse cities maintaining and operating juvenile detention 02 homes, work camps, and facilities; 03 (6) enter into contracts and arrangements with cities and state and 04 federal agencies to carry out the purposes of AS 47.10.150 - 47.10.220 [THIS 05 CHAPTER]; 06 (7) do all acts necessary to carry out the purposes of AS 47.10.150 - 07 47.10.220 [THIS CHAPTER]; 08 (8) adopt the regulations necessary to carry out AS 47.10.150 - 09 47.10.220 [THIS CHAPTER]; 10 (9) accept donations, gifts, or bequests of money or other property for 11 use in construction of juvenile homes, work camps, institutions, or detention facilities; 12 (10) operate juvenile homes when municipalities are unable to do so; 13 (11) receive, care for, and place in a juvenile detention home, the 14 minor's own home, a foster home, or a correctional school, work camp, or treatment 15 institution all minors committed to its custody under this chapter and AS 47.12. 16 * Sec. 45. AS 47.10.160(a) is amended to read: 17 (a) The department shall 18 (1) accept all minors committed to the custody of the department and 19 all minors who are involved in a written agreement under AS 47.10.230(c), and 20 provide for the welfare, control, care, custody, and placement of these minors in 21 accordance with this chapter and AS 47.12; 22 (2) require and collect statistics on juvenile offenses and offenders in 23 the state; 24 (3) conduct studies and prepare findings and recommendations on the 25 need, number, type, construction, maintenance, and operating costs of juvenile homes, 26 work camps, facilities, and the other institutions, and adopt and submit a plan for 27 construction of the homes, work camps, facilities, and institutions when needed, 28 together with a plan for financing the construction programs; 29 (4) examine, where possible, all facilities, institutions, work camps, and 30 places of juvenile detention in the state and inquire into their methods and the 31 management of juveniles in them.
01 * Sec. 46. AS 47.10.190 is amended to read: 02 Sec. 47.10.190. DETENTION OF MINORS. When the court commits a minor 03 to the custody of the department, except when detention in a correctional facility is 04 authorized by AS 47.12.240(c) [AS 47.10.130(c)], the department shall arrange to place 05 the juvenile in a detention home, work camp, or another suitable place that the 06 department designates for that purpose. 07 * Sec. 47. AS 47.10.210 is amended to read: 08 Sec. 47.10.210. YOUTH COUNSELORS. The department may employ youth 09 counselors. Youth counselors shall exercise the duties of probation officers and shall 10 prepare preliminary investigations for the information of the court. They shall also 11 carry out other duties in the care and treatment of minors that [WHICH] are consistent 12 with the intent of this chapter and AS 47.12. Youth counselors have the powers of 13 a peace officer with respect to the service of process, the making of arrests of minors 14 who violate state or municipal law, and the execution of orders of the court relating 15 to juveniles. The youth counselors shall assist and advise the courts in the furtherance 16 of the welfare and control of minors under the court's jurisdiction. 17 * Sec. 48. AS 47.10.220 is amended to read: 18 Sec. 47.10.220. GRANTS-IN-AID. The department may accept grants-in-aid 19 from the federal government or private foundations and may accept other gifts 20 consistent with the purposes of this chapter and AS 47.12. 21 * Sec. 49. AS 47.10.230(b) is amended to read: 22 (b) The department may pay the costs of maintenance that are necessary to 23 assure adequate care of the child, and may accept funds from the federal government 24 that are granted to assist in carrying out the purposes of this chapter and AS 47.12, 25 or that are paid under contract entered into with a federal department or agency. A 26 child under the care of the department may not be placed in a family home or 27 institution that does not maintain adequate standards of care. 28 * Sec. 50. AS 47.10.390(2) is amended to read: 29 (2) "runaway minor" means a person under 18 years of age who 30 (A) is habitually absent from home; 31 (B) refuses to accept available care;
01 (C) has no parent, guardian, custodian, or relative able or 02 willing to provide care; or 03 (D) has been physically abandoned by 04 (i) both parents; 05 (ii) the surviving parent; or 06 (iii) one parent if the other parent's rights and 07 responsibilities have been terminated under AS 25.23.180(c) or 08 AS 47.10.080(c)(3), [AS 47.10.080] or have been voluntarily 09 relinquished. 10 * Sec. 51. AS 47.10.440(a) is amended to read: 11 (a) A local panel shall review the case plan of each child in the custody of the 12 department who is in a placement other than the child's own home under 13 AS 47.10.080(c)(1) or (3) [AS 47.10.080(b)(3), (c)(1), OR (c)(3)], 47.10.142, [OR] 14 47.10.230(c), or AS 47.12.100(b)(3) if the case is under the jurisdiction of a court in 15 the judicial district served by the panel. A local panel may request a local panel in 16 another judicial district to conduct a review and make a report if that local panel is 17 more convenient for the child and other persons involved. 18 * Sec. 52. AS 47.10.440(f) is amended to read: 19 (f) During a review under (a) of this section, a local panel shall 20 (1) determine whether the child has a case plan designed to achieve 21 placement in the least restrictive, most family-like setting available in close proximity 22 to the home of the child's parents that is consistent with the best interests of and 23 special needs and circumstances of the child; 24 (2) evaluate the continuing necessity and appropriateness of the child's 25 placement, the extent of the compliance with the child's case plan, and the extent of 26 progress that has been made toward mitigating the causes that necessitated placement 27 away from the child's parents; 28 (3) ascertain the date by which it is likely the child may be returned 29 to the home or placed for adoption or legal guardianship; 30 (4) determine whether there has been compliance with applicable 31 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable
01 state and federal laws; and 02 (5) determine whether there has been compliance with court review 03 requirements of AS 47.10.080(f) and (l), [AND] 47.10.142(h), and AS 47.12.100(d) 04 and (g). 05 * Sec. 53. AS 47.10.440(h) is amended to read: 06 (h) The report required under (g) of this section must make advisory 07 recommendations based on the best interests of the child in accordance with 08 AS 47.10.082 and must include notification of the right to request court review under 09 AS 47.10.080(f) or AS 47.12.100(d), as appropriate. If the court has scheduled the 10 case for review, the local panel shall submit its report at least 20 days before the 11 hearing. 12 * Sec. 54. AS 47.10.460(a) is amended to read: 13 (a) Notwithstanding AS 47.10.090 and 47.10.093 and AS 47.12.170 and 14 47.12.180 [AS 47.10.090], at the request of a local panel, the department, the child's 15 guardian ad litem, and the court shall furnish to the local panel relevant records 16 concerning a child and the child's family who are the subjects of a local panel review. 17 At the conclusion of a review, all copies of records provided to a local panel under 18 this section shall be returned to the staff that serves the local panel or to the agency 19 from which the original copy was obtained unless the panel members need the copies 20 to prepare the reports required under AS 47.10.440(g) - (i). Copies retained for 21 preparation of the reports shall be returned to the staff that serves the local panel or 22 to the originating agency upon completion of the reports. Notwithstanding 23 AS 44.62.310, records and reports of the local panel, testimony before the local panel, 24 and deliberations of the local panel are confidential under AS 47.10.093 and 25 AS 47.12.180 [AS 47.10.090]. 26 * Sec. 55. AS 47.10.470 is amended to read: 27 Sec. 47.10.470. COURT REVIEW OF REPORT. (a) When a report is 28 admissible under court rules, the court may consider the report of the local panel in 29 its review under AS 47.10.080(f) or AS 47.12.100(d), as appropriate, and at other 30 disposition hearings other than hearings related to delinquency proceedings. 31 (b) The court may refer to the local panel a case called for a special review
01 under AS 47.10.080(f) or AS 47.12.100(d), as appropriate. 02 * Sec. 56. AS 47.10.490(2) is amended to read: 03 (2) "out-of-home care provider" means an agency or person, other than 04 the child's legal parents, with whom a child who is in the custody of the state under 05 AS 47.10.080(c)(1) or (3) [AS 47.10.080(b)(3), (c)(1), OR (c)(3)], 47.10.142, [OR] 06 47.10.230(c), or AS 47.12.100(b)(3) is currently placed; in this paragraph, "agency or 07 person" includes a foster parent, a relative other than a parent, a person who has 08 petitioned for adoption of the child, and a residential child care facility; 09 * Sec. 57. AS 47.10.990 is amended to read: 10 Sec. 47.10.990. DEFINITIONS. In this chapter, unless the context otherwise 11 requires, 12 (1) "care" or "caring" under AS 47.10.010(a)(1) 13 [AS 47.10.010(a)(2)(A)], 47.10.120(a), and 47.10.230(c) [,] means to provide for the 14 physical, emotional, mental, and social needs of the child; 15 (2) "child in need of aid" means a minor found to be within the 16 jurisdiction of the court under AS 47.10.010(a) [AS 47.10.010(a)(2)]; 17 (3) "court" means the superior court of the state; 18 (4) ["CRIME AGAINST A PERSON" MEANS AN OFFENSE SET 19 OUT IN AS 11.41; 20 (5)] "delinquent minor" means a minor found to be within the 21 jurisdiction of the court under AS 47.12 [AS 47.10.010(a)(1)]; 22 (5) [(6)] "department" means the Department of Health and Social 23 Services; 24 (6) [(7)] "juvenile detention facility" means separate quarters within 25 a city jail used for the detention of delinquent minors; 26 (7) [(8)] "juvenile detention home" or "detention home" is a separate 27 establishment, exclusively devoted to the detention of minors on a short-term basis and 28 not a part of an adult jail; 29 (8) [(9)] "juvenile work camp" means a separate residential 30 establishment, exclusively devoted to the detention of minors, in which the minors who 31 are 16 years of age or older and committed to the custody of the department and
01 placed in the facility may be required to labor on the buildings and grounds or perform 02 any other work or engage in any activities that do not conflict with regulations adopted 03 by the Department of Health and Social Services under this chapter for the care, 04 rehabilitation, education, and discipline of minors in detention; 05 (9) [(10)] "minor" means [IS] a person under 18 years of age; 06 (10) [(11)] "treatment facility" means a hospital, clinic, institution, 07 center, or other health care facility that has been designated by the department for the 08 treatment of juveniles [; 09 (12) "VICTIM" HAS THE MEANING GIVEN IN AS 12.55.185]. 10 * Sec. 58. AS 47 is amended by adding a new chapter to read: 11 CHAPTER 12. DELINQUENT MINORS. 12 ARTICLE 1. JUVENILE DELINQUENCY. 13 Sec. 47.12.010. JURISDICTION. Proceedings relating to a minor under 18 14 years of age residing or found in the state are governed by this chapter, except as 15 otherwise provided in this chapter, when the minor is alleged to be or may be 16 determined by a court to be a delinquent minor as a result of 17 (1) violating a criminal law of the state or a municipality of the state; 18 or 19 (2) the minor engaging in conduct that is a noncriminal offense 20 punishable as a violation under AS 47.12.300 - 47.12.330. 21 Sec. 47.12.015. PROVISIONS INAPPLICABLE. (a) When a minor who was 22 at least 16 years of age at the time of the offense is arraigned on a charge for an 23 offense specified in this subsection, this chapter and the Alaska Delinquency Rules do 24 not apply to the offense for which the minor is arraigned or to any additional offenses 25 joinable to it under the applicable rules of court governing criminal procedure. The 26 minor shall be charged, prosecuted, and sentenced in the superior court in the same 27 manner as an adult unless the minor is convicted of some offense other than an offense 28 specified in this subsection, in which event the minor may attempt to prove, by a 29 preponderance of the evidence, that the minor is amenable to treatment under this 30 chapter. If the court finds that the minor is amenable to treatment under this chapter, 31 the minor shall be treated as though the charges had been heard under this chapter, and
01 the court shall order disposition of the charges of which the minor is convicted under 02 AS 47.12.100(b). The provisions of this subsection apply when the minor is arraigned 03 on a charge 04 (1) that is an unclassified felony or a class A felony and the felony is 05 a crime against a person; or 06 (2) of arson in the first degree. 07 (b) When a minor is accused of violating a statute specified in this subsection, 08 other than a statute the violation of which is a felony, this chapter and the Alaska 09 Delinquency Rules do not apply and the minor accused of the offense shall be charged, 10 prosecuted, and sentenced in the district court in the same manner as an adult; if a 11 minor is charged, prosecuted, and sentenced for an offense under this subsection, the 12 minor's parent, guardian, or legal custodian shall be present at all proceedings; the 13 provisions of this paragraph apply when a minor is accused of violating 14 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 15 a municipality; 16 (2) AS 11.76.105, relating to the possession of tobacco by a person 17 under 19 years of age; 18 (3) a fish and game statute or regulation under AS 16; 19 (4) a parks and recreational facilities statute or regulation under 20 AS 41.21; and 21 (5) AS 04.16.050, relating to possession, control, or consumption of 22 alcohol. 23 (c) When a minor is 24 (1) accused of violating a statute specified in this paragraph, 25 AS 47.12.010 - 47.12.250 and the Alaska Delinquency Rules do not apply, and the 26 minor accused of the offense shall be charged as provided in AS 47.12.400 - 27 47.12.430; the provisions of this paragraph apply when a minor is accused of violating 28 (A) concealment of merchandise under AS 11.46.220(c)(2) or 29 (3); 30 (B) criminal mischief in the third degree for an offense that is 31 punishable as a class A misdemeanor under AS 11.46.484(b);
01 (C) criminal mischief in the fourth degree under AS 11.46.486; 02 (D) disorderly conduct under AS 11.61.110; 03 (E) evading legal custody under AS 47.12.300 or evading 04 detention under AS 47.12.310; 05 (F) AS 47.12.320 or an ordinance of a municipality that 06 establishes a curfew; and 07 (G) AS 47.12.330, relating to school truancy; 08 (2) stopped or contacted by a peace officer for the violation of a 09 municipal ordinance, other than a municipal traffic ordinance or regulation or a 10 municipal ordinance establishing a curfew, the minor may, if the municipality 11 authorizes use of citations for community service, in the discretion of the contacting 12 peace officer, be issued a citation under AS 47.12.400 - 47.12.430 for which 13 community service must be performed; however, the provisions of this paragraph do 14 not apply if 15 (A) the minor does not furnish satisfactory evidence of identity 16 or refuses to accept the citation; 17 (B) the contacting officer has reasonable and probable cause to 18 believe the minor is a danger to self or others; or 19 (C) the minor asks to be taken before a judge or magistrate 20 under AS 12.25.150; 21 (3) stopped or contacted by a peace officer for the commission of an 22 infraction or a violation, other than a violation described in (1) of this subsection, the 23 minor shall be issued a citation under AS 47.12.400 - 47.12.430 for which community 24 service must be performed; however, the provisions of this paragraph do not apply if 25 the minor 26 (A) does not furnish satisfactory evidence of identity; or 27 (B) refuses to accept the citation. 28 (d) The provisions of this chapter do not apply to driver's license proceedings 29 under AS 28.15.185. The court shall impose a driver's license revocation under 30 AS 28.15.185 in the same manner as adult driver's license revocations, except that a 31 parent or legal guardian shall be present at all proceedings.
01 Sec. 47.12.020. INVESTIGATION AND PETITION. (a) Whenever 02 circumstances subject a minor to the jurisdiction of this chapter, the court shall 03 (1) provide, under procedures adopted by court rule, that, for a minor 04 who is alleged to be a delinquent minor under AS 47.12.010, a state agency shall make 05 a preliminary inquiry to determine if any action is appropriate and may take 06 appropriate action to adjust or dispose of the matter without a court hearing; if, under 07 this paragraph, 08 (A) the state agency makes a preliminary inquiry and takes 09 appropriate action to adjust or dispose of the matter without a court hearing, 10 the minor may not be detained or taken into custody as a condition of the 11 adjustment or disposition and, subject to (d) of this section, the matter shall be 12 closed by the agency if the minor successfully completes all that is required of 13 the minor by the agency in the adjustment or disposition; in a municipality or 14 municipalities in which a youth court has been established under AS 47.12.500, 15 adjustment or disposition of the matter under this paragraph may include 16 referral to the youth court; in a municipality or municipalities in which a 17 community intervention court has been established under AS 47.12.550, 18 adjustment or disposition of the matter under this paragraph shall include 19 referral to the community intervention court; 20 (B) the agency concludes that the matter may not be adjusted 21 or disposed of without a court hearing, the agency may file a petition under (2) 22 of this subsection setting out the facts; or 23 (2) appoint a competent person or agency to make a preliminary inquiry 24 and report for the information of the court to determine whether the interests of the 25 public or of the minor require that further action be taken; if, under this paragraph, the 26 court appoints a person or agency to make a preliminary inquiry and to report to it, 27 then upon the receipt of the report, the court may informally adjust or dispose of the 28 matter without a hearing, or it may authorize the person having knowledge of the facts 29 of the case to file with the court a petition setting out the facts; if the court informally 30 adjusts or disposes of the matter, the minor may not be detained or taken into the 31 custody of the court as a condition of the adjustment or disposition, and the matter
01 shall be closed by the court upon adjustment or disposition. 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. 47.12.030. NOTICE TO AND INVOLVEMENT OF PARENT OR 17 GUARDIAN. (a) Except as may be otherwise specifically provided, in all cases 18 under this chapter, the minor, each parent of the minor, and the guardian of the minor 19 are entitled to notice adequate to give actual notice of the proceedings, taking into 20 account education and language differences that are known or reasonably ascertainable 21 by the party giving the notice. The notice must contain all names by which the minor 22 has been identified. 23 (b) Notice shall be given in the manner appropriate under rules of civil 24 procedure for the service of process in a civil action under state law or in any manner 25 the court by order directs. Proof of giving of the notice shall be filed with the court 26 before the petition is heard or other proceeding commenced. 27 (c) The court may subpoena the parent or guardian of the minor, or any other 28 person whose testimony may be necessary at the hearing. A subpoena or other process 29 may be served by a person authorized by law to make the service. If personal service 30 cannot be made, the court may direct that service of process be in the manner 31 appropriate under rules of civil procedure for the service of process in a civil action
01 under state law or in any manner the court directs. 02 (d) In any proceeding under this chapter, the minor's parent or guardian may 03 be present. 04 Sec. 47.12.040. INFORMAL ACTION BY DEPARTMENT TO ADJUST OR 05 DISPOSE OF MATTER. (a) The provisions of this section apply to a minor who is 06 alleged to be a delinquent minor under AS 47.12.010 and for whom an agency has, 07 under applicable court rule, made a preliminary inquiry before taking appropriate 08 action as authorized by AS 47.12.020(a). Following the preliminary inquiry, unless 09 the agency determines that the matter should be dismissed, the agency may take 10 informal action to adjust or dispose of the matter. 11 (b) When the agency decides that an informal adjustment or disposition of a 12 matter should be made, that informal adjustment or disposition may not be made 13 without the agreement or consent of the minor and the minor's parents or guardians to 14 the terms and conditions of the adjustment or disposition. An informal action to adjust 15 or dispose of a matter is not successfully completed unless, among other factors that 16 the agency considers, as to the victim of the act of the minor that is the basis of the 17 delinquency allegation, the minor pays restitution in the amount set by the agency or 18 agrees as a term or condition set by the agency to pay the restitution. 19 Sec. 47.12.050. SUMMONS AND CUSTODY OF MINOR. (a) After a 20 petition is filed and after further investigation that the court directs, if the person 21 having custody or control of the minor has not appeared voluntarily, the court shall 22 issue a summons that 23 (1) recites briefly the substance of the petition; 24 (2) directs the person having custody or control of the minor to appear 25 personally in court with the minor at the place and at the time set forth in the 26 summons. 27 (b) If the minor is in such condition or surroundings that the minor's welfare 28 requires the immediate assumption of custody by the court, the court may order, by 29 endorsement upon the summons, that the officer serving the summons shall at once 30 take the minor into custody and make the temporary placement of the minor that the 31 court directs.
01 Sec. 47.12.060. RELEASE OF MINOR. A minor who is taken into custody 02 may, in the discretion of the court and upon the written promise of the parent, 03 guardian, or custodian to bring the minor before the court at a time specified by the 04 court, be released to the care and custody of the parent, guardian, or custodian. The 05 minor, if not released, shall be detained as provided by AS 47.12.240. The court may 06 determine whether the father or mother or another person shall have the custody and 07 control of the minor for the duration of the proceedings. If the minor is of sufficient 08 age and intelligence to state desires, the court shall give consideration to the minor's 09 desires. 10 Sec. 47.12.070. APPOINTMENT OF GUARDIAN AD LITEM OR 11 ATTORNEY. (a) Whenever in the course of proceedings instituted under this chapter 12 it appears to the court that the welfare of a minor will be promoted by the appointment 13 of an attorney to represent the minor or an attorney or other person to serve as 14 guardian ad litem, the court may make the appointment. Appointment of a guardian 15 ad litem or attorney shall be made under the terms of AS 25.24.310. 16 (b) In all proceedings initiated under a petition for delinquency, a minor shall 17 have the right to be represented by counsel and, if indigent, have counsel appointed 18 by the court. The court shall appoint counsel in such cases unless it makes a finding 19 on the record that the minor has made a voluntary, knowing, and intelligent waiver of 20 the right to counsel and a parent or guardian with whom the minor resides or resided 21 before the filing of the petition concurs with the waiver. In cases in which it has been 22 alleged that the minor has committed an act that would be a felony if committed by 23 an adult, waiver of counsel may not be accepted unless the court is satisfied that the 24 minor has consulted with an attorney before the waiver of counsel. 25 Sec. 47.12.080. WAIVER OF JURISDICTION. (a) If the court finds at a 26 hearing on a petition that there is probable cause for believing that a minor is 27 delinquent and finds that the minor is not amenable to treatment under this chapter, it 28 shall order the case closed. After a case is closed under this subsection, the minor 29 may be prosecuted as an adult. 30 (b) A minor is unamenable to treatment under this chapter if the minor 31 probably cannot be rehabilitated by treatment under this chapter before reaching 20
01 years of age. In determining whether a minor is unamenable to treatment, the court 02 may consider the seriousness of the offense the minor is alleged to have committed, 03 the minor's history of delinquency, the probable cause of the minor's delinquent 04 behavior, and the facilities available to the department for treating the minor. 05 (c) For purposes of making a determination under this section, 06 (1) the standard of proof is by a preponderance of the evidence; and 07 (2) the burden of proof that a minor is not amenable to treatment under 08 this chapter is on the state; however, if the petition filed under AS 47.12.020 seeking 09 to have the court declare a minor a delinquent is based on the minor's alleged 10 commission of an offense that is an unclassified felony or class A felony and that is 11 a crime against a person, the minor 12 (A) is rebuttably presumed not to be amenable to treatment 13 under this chapter; and 14 (B) has the burden of proof of showing that the minor is 15 amenable to treatment under this chapter. 16 Sec. 47.12.090. HEARINGS. (a) The court may conduct the hearing on the 17 petition in an informal manner in the courtroom or in chambers. The court shall give 18 notice of the hearing to the department and it may send a representative to the hearing. 19 The court shall also transmit a copy of the petition to the department. The 20 representative of the department may also be heard at the hearing. The public shall 21 be excluded from the hearing, but the court, in its discretion, may permit individuals 22 to attend a hearing, if their attendance is compatible with the best interests of the 23 minor. Nothing in this section may be applied in such a way as to deny a minor's 24 rights to a public trial and to a trial by jury. 25 (b) Notwithstanding (a) of this section, the victim of an offense that a minor 26 is alleged to have committed, or the designee of the victim, has a right to be present 27 at all hearings held under this section. If the minor is found to have committed the 28 offense, the victim may at the disposition hearing give sworn testimony or make an 29 unsworn oral presentation concerning the offense and its effect on the victim. If there 30 are numerous victims of a minor's offense, the court may limit the number of victims 31 who may give sworn testimony or make an unsworn oral presentation, but the court
01 may not limit the right of a victim to attend a hearing. 02 (c) Unless the minor objects, the court may select a young adult advisory panel 03 to hear the case and advise the court of a recommended judgment and order. The 04 court may consider any of the panel recommendations in making its judgment and 05 order in the case. For purposes of this subsection, 06 (1) the principal of each high school shall submit annually to the court 07 a list of the students enrolled in grades 10, 11, and 12, and the court shall determine 08 the method of selecting the members of each panel; and 09 (2) a student 10 (A) shall be excused from attending school while serving as a 11 panel member; 12 (B) may not serve more than once each year on a panel; and 13 (C) shall be excused from service as a panel member if the 14 student submits a written request to the court indicating the reason for not 15 wishing to serve. 16 Sec. 47.12.100. JUDGMENTS AND ORDERS. (a) The court, at the 17 conclusion of the hearing, or thereafter as the circumstances of the case may require, 18 shall find and enter a judgment that the minor is or is not delinquent. 19 (b) If the court finds that the minor is delinquent, it shall 20 (1) order the minor committed to the department for a period of time 21 not to exceed two years or in any event extend past the day the minor becomes 19, 22 except that the department may petition for and the court may grant in a hearing (A) 23 two-year extensions of commitment that do not extend beyond the minor's 19th 24 birthday if the extension is in the best interests of the minor and the public; and (B) 25 an additional one-year period of supervision past age 19 if continued supervision is in 26 the best interests of the person and the person consents to it; the department shall place 27 the minor in the juvenile facility that the department considers appropriate and that 28 may include a juvenile correctional school, juvenile work camp, treatment facility, 29 detention home, or detention facility; the minor may be released from placement or 30 detention and placed on probation on order of the court and may also be released by 31 the department, in its discretion, under AS 47.10.200;
01 (2) order the minor placed on probation, to be supervised by the 02 department, and released to the minor's parents, guardian, or a suitable person; if the 03 court orders the minor placed on probation, it may specify the terms and conditions 04 of probation; the probation may be for a period of time not to extend past the day the 05 minor becomes 19, except that the department may petition for and the court may 06 grant in a hearing an additional one-year period of supervision past age 19 if the 07 continued supervision is in the best interests of the person and the person consents to 08 it; 09 (3) order the minor committed to the department and placed on 10 probation, to be supervised by the department, and released to the minor's parents, 11 guardian, other suitable person, or suitable nondetention setting such as a family home, 12 group care facility, or child care facility, whichever the department considers 13 appropriate to implement the treatment plan of the predisposition report; if the court 14 orders the minor placed on probation, it may specify the terms and conditions of 15 probation; the department may transfer the minor, in the minor's best interests, from 16 one of the probationary placement settings listed in this paragraph to another, and the 17 minor, the minor's parents or guardian, and the minor's attorney are entitled to 18 reasonable notice of the transfer; the probation may be for a period of time, not to 19 extend past the day the minor becomes 19, except that the department may petition for 20 and the court may grant in a hearing an additional one-year period of supervision past 21 age 19 if the continued supervision is in the best interests of the person and the person 22 consents to it; 23 (4) order the minor to make suitable restitution in lieu of or in addition 24 to the court's order under (1), (2), or (3) of this subsection; the court may not refuse 25 to make an order of restitution under this paragraph to benefit the victim of the act of 26 the minor that is the basis of the delinquency adjudication; 27 (5) order the minor committed to the department for placement in an 28 adventure based education program established under AS 47.21.020 with conditions 29 the court considers appropriate concerning release upon satisfactory completion of the 30 program or commitment under (1) of this subsection if the program is not satisfactorily 31 completed; or
01 (6) in addition to an order under (1) - (5) of this subsection, if the 02 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 03 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 04 purposes of this paragraph, "community service" includes work 05 (A) on a project identified in AS 33.30.901; or 06 (B) that, on the recommendation of the city council or 07 traditional village council, would benefit persons within the city or village who 08 are elderly or disabled. 09 (c) If the court finds that the minor is not delinquent, it shall immediately 10 order the minor released from the department's custody and returned to the minor's 11 parents, guardian, or custodian, and dismiss the case. 12 (d) A minor found to be delinquent is a ward of the court while committed to 13 the department or the department has the power to supervise the minor's actions. The 14 court shall review an order made under (b) of this section annually, and may review 15 the order more frequently to determine if continued placement, probation, or 16 supervision, as it is being provided, is in the best interest of the minor and the public. 17 If annual review under this subsection would arise within 90 days of the hearing 18 required under this section, the court may postpone review under this subsection until 19 the time set for the hearing. The department, the minor, the minor's parents, guardian, 20 or custodian are entitled, when good cause is shown, to a review on application. If the 21 application is granted, the court shall afford these parties and their counsel reasonable 22 notice in advance of the review and hold a hearing where these parties and their 23 counsel shall be afforded an opportunity to be heard. The minor shall be afforded the 24 opportunity to be present at the review. 25 (e) The department shall pay all court costs incurred in all proceedings in 26 connection with the adjudication of delinquency under this chapter, including hearings 27 that result in the release of the minor. 28 (f) A minor, the minor's parents or guardian acting on the minor's behalf, or 29 the department may appeal a judgment or order, or the stay, modification, setting aside, 30 revocation, or enlargement of a judgment or order issued by the court under this 31 chapter.
01 (g) Within 18 months after the date a minor is committed to the custody of the 02 department under (b)(3) of this section, the court shall hold a hearing to review the 03 placement and services provided and to determine the future status of the minor. The 04 court shall make appropriate written findings, including findings related to the 05 following: 06 (1) whether the minor should be returned to the parent; 07 (2) whether the minor should remain in out-of-home care for a 08 specified period; 09 (3) whether the minor should remain in out-of-home care on a 10 permanent or long-term basis because of special needs or circumstances; 11 (4) whether the minor should be placed for adoption or legal 12 guardianship. 13 (h) Within 60 days after the date a minor is removed from the minor's home 14 by the department, the department shall notify the appropriate local citizen out-of-home 15 care review panel established under AS 47.10.420. 16 (i) For a minor committed under (b)(1) - (3) of this section on the basis of the 17 minor's commission of a sex offense, as that term is defined by AS 12.63.100, the 18 court shall, after giving notice to the minor, the minor's parent, guardian, or custodian, 19 and the department and its counsel, hold a hearing to determine whether the minor has 20 successfully completed all requirements of the recommended plan of treatment set out 21 in the predisposition hearing report. The court shall hold the hearing not less than 30 22 days nor more than 60 days before the date that supervision of the minor is scheduled 23 to terminate. If, by a preponderance of the evidence, the court finds that the minor has 24 not successfully completed all requirements of the recommended plan of treatment set 25 out in the predisposition report, the court shall require the minor to register as a sex 26 offender under AS 12.63.010 - 12.63.100. 27 Sec. 47.12.110. PREDISPOSITION HEARING REPORTS. (a) Before the 28 disposition hearing of a delinquent minor, the department shall submit a predisposition 29 report with a recommended plan of treatment to aid the court in its selection of a 30 disposition, a victim impact statement reporting the information set out in 31 AS 12.55.022, and any further information that the court may request. In preparing
01 the predisposition report, the department shall contact the victim of the minor's offense. 02 (b) The court shall inform the minor, the minor's parents, and the attorneys 03 representing the parties and the guardian ad litem that the predisposition report will be 04 available to them not less than 10 days before the disposition hearing. 05 (c) In this section, "parents" means the natural or adoptive parents, and any 06 legal guardian, relative, or other adult person with whom the minor has resided and 07 who has acted as a parent in providing for the minor for a continuous period of time 08 before this action. 09 Sec. 47.12.120. COURT DISPOSITIONAL ORDER; BEST INTERESTS OF 10 MINOR AND OTHER CONSIDERATIONS. (a) In making its dispositional order 11 under AS 47.12.100(b)(1) - (3) and (5), the court shall 12 (1) consider 13 (A) the best interests of the minor and the public; and 14 (B) the ability of the state to take custody and to care for the 15 minor to protect the minor's best interests under this chapter; and 16 (2) order the least restrictive alternative disposition for the minor. 17 (b) For purposes of (a)(2) of this section, 18 (1) the "least restrictive alternative disposition" means that disposition 19 that is no more restrictive than is, in the judgment of the court, most conducive to the 20 minor's rehabilitation; and 21 (2) in making its dispositional order, in addition to the elements of 22 (a)(1) of this section, the court shall consider 23 (A) the seriousness of the minor's delinquent act; 24 (B) the minor's culpability as indicated by the circumstances of 25 the particular case; 26 (C) the age of the minor; 27 (D) the minor's prior criminal or juvenile record; 28 (E) the ability of the minor's parent, guardian, or custodian to 29 control and supervise the minor; and 30 (F) the success or failure of the minor's previous dispositions 31 or placements.
01 Sec. 47.12.130. LEGAL CUSTODY, GUARDIANSHIP, AND RESIDUAL 02 PARENTAL RIGHTS AND RESPONSIBILITIES. (a) When a minor is committed 03 under AS 47.12.100(b)(1) to the department or released under AS 47.12.100(b)(2) or 04 (3) to the minor's parents, guardian, or other suitable person, a relationship of legal 05 custody exists. This relationship imposes on the department and its authorized agents 06 or the parents, guardian, or other suitable person the responsibility of physical care and 07 control of the minor, the determination of where and with whom the minor shall live, 08 the right and duty to protect, train, and discipline the minor, and the duty of providing 09 the minor with food, shelter, education, and medical care. These obligations are 10 subject to any residual parental rights and responsibilities and rights and 11 responsibilities of a guardian if one has been appointed. When a minor is committed 12 to the department and the department places the minor with the minor's parent, the 13 parent has the responsibility to provide and pay for food, shelter, education, and 14 medical care for the minor. When parental rights have been terminated, or there are 15 no living parents and a guardian has not been appointed, the responsibilities of legal 16 custody include those in (b) and (c) of this section. The department or person having 17 legal custody of the minor may delegate any of the responsibilities under this section, 18 except authority to consent to marriage, adoption, and military enlistment may not be 19 delegated. For purposes of this chapter, a person in charge of a placement setting is 20 an agent of the department. 21 (b) When a guardian is appointed for the minor, the court shall specify in its 22 order the rights and responsibilities of the guardian. The guardian may be removed 23 only by court order. The rights and responsibilities may include, but are not limited 24 to, having the right and responsibility of reasonable visitation, consenting to marriage, 25 consenting to military enlistment, consenting to major medical treatment, obtaining 26 representation for the minor in legal actions, and making decisions of legal or financial 27 significance concerning the minor. 28 (c) When there has been transfer of legal custody or appointment of a guardian 29 and parental rights have not been terminated by court decree, the parents shall have 30 residual rights and responsibilities. These residual rights and responsibilities of the 31 parent include the right and responsibility of reasonable visitation, consent to adoption,
01 consent to marriage, consent to military enlistment, consent to major medical treatment 02 except in cases of emergency or cases falling under AS 25.20.025, and the 03 responsibility for support, except if by court order any residual right and responsibility 04 has been delegated to a guardian under (b) of this section. 05 Sec. 47.12.140. RETENTION OF JURISDICTION OVER MINOR. (a) The 06 court retains jurisdiction over the case and may at any time stay execution, modify, set 07 aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise 08 of its power of protection over the minor and for the minor's best interest, for a period 09 of time not to exceed the maximum period otherwise permitted by law or in any event 10 extend past the day the minor becomes 19, unless sooner discharged by the court, 11 except that the department may apply for and the court may grant an additional one- 12 year period of supervision past age 19 if continued supervision is in the best interests of the 13 person and the person consents to it. An application for any of these purposes may be made 14 by the parent, guardian, or custodian acting in behalf of the minor, or the court may, on its 15 own motion, and after reasonable notice to interested parties and the appropriate department, 16 take action that it considers appropriate. 17 (b) If the court determines at a rehearing that it is for the best interests of the 18 minor to be released to the care or custody of the minor's parent, guardian, or 19 custodian, it may enter an order to that effect and the minor is discharged from the 20 control of the department. 21 (c) If a minor is adjudicated a delinquent before the minor's 18th birthday, the 22 court may retain jurisdiction over the minor after the minor's 18th birthday for the 23 purpose of supervising the minor's rehabilitation, but the court's jurisdiction over the 24 minor under this chapter never extends beyond the minor's 19th birthday, except that 25 the department may apply for and the court may grant an additional one-year period 26 of supervision past age 19 if continued supervision is in the best interests of the person 27 and the person consents to it. The department may retain jurisdiction over the person 28 between the person's 18th and 19th birthdays for the purpose of supervising the 29 person's rehabilitation, if the person has been placed under the supervision of the 30 department before the person's 18th birthday, except that the department may apply for 31 and the court may grant an additional one-year period of supervision past age 19 if
01 continued supervision is in the best interests of the person and the person consents to 02 it. 03 Sec. 47.12.150. ENFORCEMENT OF RESTITUTION. When restitution is 04 ordered under AS 47.12.100(b)(4), the restitution recipient may enforce payment of the 05 restitution order against the minor under AS 09.35 as if the order were a civil 06 judgment enforceable by execution. This section does not limit the authority of the 07 court to enforce orders of restitution to victims. 08 Sec. 47.12.160. EFFECT OF ADJUDICATION. (a) Except as provided by 09 AS 12.63.010 - 12.63.100 and AS 47.12.150, an adjudication under this chapter upon 10 the status of a minor 11 (1) may not operate to impose any of the civil disabilities ordinarily 12 imposed by conviction upon a criminal charge; 13 (2) does not operate to require that a minor afterward be considered a 14 criminal by the adjudication; and 15 (3) does not operate to require that the adjudication be afterward 16 deemed a conviction, nor may a minor be charged with or convicted of a crime in a 17 court, except as provided in this chapter. 18 (b) The commitment and placement of a minor and evidence given in the court 19 are not admissible as evidence against the minor in a subsequent case or proceedings 20 in any other court, nor does the commitment and placement or evidence operate to 21 disqualify a minor in a future civil service examination or appointment in the state. 22 Sec. 47.12.170. COURT RECORDS. (a) The court shall make and keep 23 records of all cases brought before it. 24 (b) The court shall forward a record of adjudication of a violation of an 25 offense listed in AS 28.15.185(a) to the Department of Public Safety if the court 26 imposes a license revocation under AS 28.15.185. 27 (c) The name or picture of a minor under the jurisdiction of the court may not 28 be made public in connection with the minor's status as a delinquent unless authorized 29 by order of the court. 30 (d) Within 30 days of the date of a minor's 18th birthday or, if the court 31 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the
01 date on which the court releases jurisdiction over the minor, the court shall order all 02 the court's official records pertaining to that minor in a proceeding under this chapter 03 sealed, as well as records of all driver's license proceedings under AS 28.15.185, 04 criminal proceedings against the minor, and punishments assessed against the minor. 05 A person may not use these sealed records for any purpose except that the court may 06 order their use for good cause shown or may order their use by an officer of the court 07 in making a presentencing report for the court. The provisions of this subsection 08 relating to the sealing of records do not apply to records of traffic offenses. 09 (e) The court's official records under this chapter may be inspected only with 10 the court's permission and only by persons having a legitimate interest in them. A 11 person with a legitimate interest in the inspection of an official record maintained by 12 the court includes a victim who suffered physical injury or whose real or personal 13 property was damaged as a result of an offense that was the basis of an adjudication 14 or modification of disposition. If the victim knows the identity of the minor, identifies 15 the minor or the offense to the court, and certifies that the information is being sought 16 to consider or support a civil action against the minor or against the minor's parents 17 or guardians under AS 34.50.020, the court shall, subject to AS 12.61.110 and 18 12.61.140, allow the victim to inspect and use the following records and information 19 in connection with the civil action: 20 (1) a petition filed under AS 47.12.020(a)(2) seeking to have the court 21 declare the minor a delinquent; 22 (2) a petition filed under AS 47.12.100 seeking to have the court 23 modify or revoke the minor's probation; 24 (3) a petition filed under AS 47.12.080 requesting the court to find that 25 a minor is not amenable to treatment under this chapter and that results in closure of 26 a case under AS 47.12.080(a); and 27 (4) a court judgment or order entered under this chapter that disposes 28 of a petition identified in (1) - (3) of this subsection. 29 (f) A person who has been tried as an adult under AS 47.12.080, or the 30 department on the person's behalf, may petition the superior court to seal the records 31 of all criminal proceedings, except traffic offenses, initiated against the person, and all
01 punishments assessed against the person, while the person was a minor. A petition 02 under this subsection may not be filed until five years after the completion of the 03 sentence imposed for the offense for which the person was tried as an adult. If the 04 superior court finds that the punishment assessed against the person has had its 05 intended rehabilitative effect and further finds that the person has fulfilled all orders 06 of the court entered under AS 47.12.100, the superior court shall order the record of 07 proceedings and the record of punishments sealed. Sealing the records restores civil 08 rights removed because of a conviction. A person may not use these sealed records 09 for any purpose except that the court may order their use for good cause shown or may 10 order their use by an officer of the court in making a presentencing report for the 11 court. The court may not, under this subsection, seal records of a criminal proceeding 12 (1) initiated against a person if the court finds that the person has not 13 complied with a court order made under AS 47.12.100; or 14 (2) commenced under AS 47.12.015(a) unless the minor has been 15 acquitted of all offenses with which the minor was charged or unless the most serious 16 offense of which the minor was convicted was not an offense specified in 17 AS 47.10.015(a). 18 Sec. 47.12.180. AGENCY RECORDS. (a) Except as specified in 19 AS 47.12.190 and (b) - (g) of this section, all information and social records pertaining 20 to a minor who is subject to this chapter or AS 47.17 prepared by or in the possession 21 of a federal, state, or municipal agency or employee in the discharge of the agency's 22 or employee's official duty, including driver's license actions under AS 28.15.185, are 23 privileged and may not be disclosed directly or indirectly to anyone without a court 24 order. 25 (b) A state or municipal agency or employee may disclose information 26 regarding a case to 27 (1) a guardian ad litem appointed by the court or to a citizen review 28 panel for permanency planning authorized by AS 47.10.400 or 47.10.420; 29 (2) a person or an agency requested to provide consultation or services 30 for a minor who is subject to the jurisdiction of the court under this chapter; 31 (3) school officials as may be necessary to protect the safety of school
01 students and staff; 02 (4) a governmental agency as may be necessary to obtain that agency's 03 assistance for the department in its investigation or to obtain physical custody of a 04 minor; 05 (5) a state or municipal law enforcement agency as may be necessary 06 for a specific investigation being conducted by that agency or for disclosures by that 07 agency to protect the public safety; and 08 (6) a victim as may be necessary to inform the victim about the 09 disposition or resolution of a case involving a minor. 10 (c) A state or municipal law enforcement agency 11 (1) shall disclose information regarding a case that is needed by the 12 person or agency charged with making a preliminary investigation for the information 13 of the court under this chapter; 14 (2) may disclose to the public information regarding a criminal offense 15 in which a minor is a suspect, victim, or witness if the minor is not identified by the 16 disclosure; 17 (3) may disclose to school officials information regarding a case as may 18 be necessary to protect the safety of school students and staff; 19 (4) may disclose to the public information regarding a case as may be 20 necessary to protect the safety of the public; and 21 (5) may disclose to a victim information, including copies of reports, 22 as necessary for civil litigation or insurance claims pursued by or against the victim. 23 (d) Upon request of a victim, the department shall make every reasonable 24 effort to notify the victim as soon as practicable in writing when a delinquent minor 25 is to be released from placement in a juvenile facility under AS 47.12.100(b)(1). The 26 notice under this subsection must include the expected date of the delinquent minor's 27 release, the geographic area in which the delinquent minor is required to reside, and 28 other pertinent information concerning the delinquent minor's conditions of release that 29 may affect the victim. 30 (e) A person may authorize the department to release information to the 31 military or to a prospective employer about the existence of a delinquency adjudication
01 against that person under this chapter and the offense on which it was based. 02 (f) The department may release to a person with a legitimate interest 03 information relating to minors not subject to the jurisdiction of the court under this 04 chapter. The department shall adopt regulations governing the release of information 05 and identifying a sufficient legitimate interest. 06 (g) The department and affected law enforcement agencies shall work with 07 school districts and private schools to develop procedures for the disclosure of 08 information to school officials under (b)(3) and (c)(3) of this section. The procedures 09 must provide a method for informing the principal or the principal's designee of the 10 school the student attends as soon as it is reasonably practicable. 11 (h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement 12 agency is not required to notify the appropriate school official of a school district or 13 school under (c) of this section if the agency determines that notice would jeopardize 14 an ongoing investigation. 15 (i) In this section, "school" means a public or private elementary or secondary 16 school. 17 (j) A person who discloses confidential information in violation of this section 18 is guilty of a class B misdemeanor. 19 Sec. 47.12.190. PARENTAL RIGHT TO DISCLOSE INFORMATION. (a) 20 Notwithstanding AS 47.12.170 and 47.12.180, a parent or legal guardian of a minor 21 subject to a proceeding under this chapter may disclose confidential or privileged 22 information about the minor, including information that has been lawfully obtained 23 from agency or court files, to the governor, the lieutenant governor, a legislator, the 24 ombudsman appointed under AS 24.55, the attorney general, and the commissioners 25 of health and social services, administration, or public safety, or an employee of these 26 persons, for review or use in their official capacities. A person to whom disclosure 27 is made under this section may not disclose confidential or privileged information 28 about the minor to a person not authorized to receive it. 29 (b) The disclosure right under (a) of this section is in addition to, and not in 30 derogation of, the rights of a parent or legal guardian of a minor. 31 (c) A person who violates a provision of this section is guilty of a
01 misdemeanor, and upon conviction is punishable by a fine of not more than $500 or 02 by imprisonment for not more than one year, or by both. 03 Sec. 47.12.200. ARREST OF A MINOR. The arrest of a minor other than for 04 a traffic offense is not considered an arrest for any purpose except for the purpose of 05 the disposition of a proceeding arising out of that arrest. 06 Sec. 47.12.210. FINGERPRINTING OF MINORS. (a) A peace officer may 07 fingerprint a minor under the same circumstances as an adult may be fingerprinted. 08 (b) Fingerprint records taken under this section are not subject to 09 AS 47.12.180. 10 Sec. 47.12.220. APPOINTMENT OF GUARDIAN OR CUSTODIAN. When, 11 in the course of a proceeding under this chapter, it appears to the court that the welfare 12 of a minor will be promoted by the appointment of a guardian or custodian of the 13 minor's person, the court may make the appointment. The court shall have a summons 14 issued and served upon the parents of the minor, if they can be found, in a manner and 15 within a time before the hearing that the court considers reasonable. The court may 16 determine whether the father, mother, or the department shall have the custody and 17 control of the minor. If the minor is of sufficient age and intelligence to state desires, 18 the court shall consider them. 19 Sec. 47.12.230. SUPPORT OF MINOR. (a) When a delinquent minor is 20 committed under this chapter, the court may, after giving the parent or legal guardian 21 a reasonable opportunity to be heard, adjudge that the parent or guardian pay to the 22 department in a manner that the court directs a sum that is based on the fee schedule 23 adopted under AS 44.29.022 to cover in full or in part the maintenance and care of the 24 minor. 25 (b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may 26 be proceeded against as provided by law in cases of family desertion and nonsupport. 27 (c) The sum collected from a parent under this section shall be directly 28 credited to the general fund of the state. 29 Sec. 47.12.240. DETENTION. (a) A minor may not be incarcerated in a 30 correctional facility that houses adult prisoners. 31 (b) When a minor is detained under this chapter, the person having
01 responsibility for the facility in which the minor is detained shall immediately make 02 reasonable attempts to notify the minor's parent, guardian, or custodian of the minor's 03 detention. 04 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 05 correctional facility 06 (1) if the minor is the subject of a petition filed with the court under 07 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 08 is in official detention pending the filing of that petition; however, detention in a 09 correctional facility under this paragraph may not exceed the lesser of 10 (A) six hours; or 11 (B) the time necessary to arrange the minor's transportation to 12 a juvenile detention home or comparable facility for the detention of minors; 13 (2) if, in response to a petition of delinquency filed under this chapter, 14 the court has entered an order closing the case under AS 47.12.080(a), allowing the 15 minor to be prosecuted as an adult; or 16 (3) if the incarceration constitutes a protective custody detention of the 17 minor that is authorized by AS 47.37.170(b). 18 (d) When a minor is detained under (c)(1) or (3) of this section and 19 incarcerated in a correctional facility, the minor shall be 20 (1) assigned to quarters in the correctional facility that are separate 21 from quarters used to house adult prisoners so that the minor cannot communicate with 22 or view adults who are in official detention; 23 (2) provided admission, health care, hygiene, and food services and 24 recreation and visitation opportunities separate from services and opportunities 25 provided to adults who are in official detention. 26 (e) Notwithstanding the limitation on detention set out in (c)(1) of this section, 27 a minor whose detention is authorized by (c)(1) of this section may be detained in a 28 correctional facility for more than six hours if transportation to a juvenile detention 29 home or comparable facility for the detention of minors is not available. The minor's 30 detention for more than six hours is authorized by this subsection only if the person 31 having responsibility for the facility in which the minor is detained
01 (1) documents the reason that transportation of the minor to a juvenile 02 detention home or comparable facility is not available; and 03 (2) during the minor's detention, after learning that transportation is not 04 available, promptly notifies the appropriate officials or employees of the department 05 and the Alaska Court System of the lack of available transportation. 06 (f) A detention authorized by (e) of this section may not exceed the time 07 necessary to satisfy the requirement of (c)(1)(B) of this section. 08 (g) The provisions of AS 47.37.170(i) apply to a minor incarcerated in a 09 correctional facility when authorized by (c)(3) of this section. 10 (h) In this section, 11 (1) "correctional facility" has the meaning given in AS 33.30.901 12 whether the facility is operated by the state, a municipality, a village, or another entity; 13 (2) "official detention" has the meaning given in AS 11.81.900. 14 Sec. 47.12.250. TEMPORARY DETENTION AND DETENTION HEARING. 15 (a) A peace officer may arrest a minor who violates a law or ordinance in the peace 16 officer's presence, or whom the peace officer reasonably believes is a fugitive from 17 justice. A peace officer may continue a lawful arrest made by a citizen. The peace 18 officer may have the minor detained in a juvenile detention facility if in the opinion 19 of the peace officer making or continuing the arrest it is necessary to do so to protect 20 the minor or the community. A person having responsibility for the juvenile detention 21 facility may not unreasonably refuse to detain the minor in the juvenile detention 22 facility at the request of the peace officer making or continuing the arrest. 23 (b) A peace officer who has a minor detained under (a) of this section shall 24 immediately, and in no event more than 12 hours later, notify the court and make 25 reasonable efforts to notify the minor's parents or guardian and the department of the 26 officer's action. The department may file with the court a petition alleging delinquency 27 before the detention hearing. 28 (c) The court shall immediately, and in no event more than 48 hours later, hold 29 a hearing at which the minor and the minor's parents or guardian if they can be found 30 shall be present. The court shall determine whether probable cause exists for believing 31 the minor to be delinquent. The court shall inform the minor of the reasons alleged
01 to constitute probable cause and the reasons alleged to authorize the minor's detention. 02 The minor is entitled to counsel and to confrontation of adverse witnesses. 03 (d) If the court finds that probable cause exists, it shall determine whether the 04 minor should be detained pending the hearing on the petition or released. It may 05 either order the minor held in detention or released to the custody of a suitable person 06 pending the hearing on the petition. If the court finds no probable cause, it shall order 07 the minor released and close the case. 08 (e) Except for temporary detention pending a detention hearing, a minor may 09 be detained only by court order. 10 ARTICLE 2. NONCRIMINAL OFFENSES. 11 Sec. 47.12.300. EVADING LEGAL CUSTODY. (a) A person under 18 years 12 of age for whom the disabilities of minority have not been removed for general 13 purposes under AS 09.55.590 and who has not arrived at the age of majority under 14 AS 25.20.020 may not, without the consent of the person's parent or guardian, 15 (1) leave and be habitually absent from the custody of the person's 16 parent or guardian; or 17 (2) refuse to accept available care provided by the person's parent or 18 guardian. 19 (b) It is an affirmative defense to finding a violation under (a) of this section 20 that the minor is a child in need of aid because of conduct or lack of conduct by the 21 parent or guardian. 22 (c) Evading legal custody under this section is a violation punishable under 23 AS 47.12.400 - 47.12.430. 24 Sec. 47.12.310. EVADING DETENTION. (a) A person under 18 years of 25 age for whom the disabilities of minority have not been removed for general purposes 26 under AS 09.55.590 and who has not arrived at the age of majority under 27 AS 25.20.020 may not, while detained under a statute specified in this subsection other 28 than in circumstances that constitute official detention, refuse to accept available care 29 by leaving the place of detention without prior permission of the person's supervisor 30 or custodian; the provisions of this subsection apply to a person 31 (1) held in protective custody under AS 47.10.141(b) or in emergency
01 protective custody under AS 47.10.141(c); or 02 (2) taken into emergency custody under AS 47.10.142. 03 (b) Evading detention under this section is a violation punishable under 04 AS 47.12.400 - 47.12.430. 05 Sec. 47.12.320. CURFEW. (a) A person under 18 years of age for whom the 06 disabilities of minority have not been removed for general purposes under 07 AS 09.55.590 and who has not arrived at the age of majority under AS 25.20.020 may 08 not be in a place of amusement or entertainment or in a public place in the state, either 09 on foot or in a propelled vehicle, between the hours of 11:00 p.m. and 5:00 a.m. of the 10 following day. 11 (b) It is an affirmative defense to a violation under this section that the person 12 was 13 (1) accompanied by the person's parent or guardian; 14 (2) on an errand at the written direction of the person's parent or 15 guardian, without detour or stop; 16 (3) involved in an emergency; 17 (4) engaged in an employment activity, or going to or returning from 18 an employment activity, without detour or stop; 19 (5) attending, going to, or returning home from, without detour or stop, 20 a school, religious, or other recreational activity supervised by adults and sponsored 21 by a municipality, school district, civic organization, or another similar entity that takes 22 responsibility for the minor; 23 (6) returning from a place of public entertainment, such as a movie, 24 play, or sporting event, without detour or stop; or 25 (7) in a place of amusement or entertainment or in a public place, if 26 the place of amusement or entertainment or public place is in a municipality that has 27 adopted an ordinance establishing a curfew and the person's presence does not 28 constitute a violation of the municipality's curfew ordinance. 29 (c) Curfew violation under this section is a violation punishable under 30 AS 47.12.400 - 47.12.430. 31 Sec. 47.12.330. SCHOOL TRUANCY. (a) A person under 16 years of age
01 may not, on a weekday that is not a school holiday, be away from the school grounds, 02 as that term is defined in AS 11.71.900, of the school in which the person is enrolled, 03 without the consent of the minor's parent or guardian or a school official, during 04 school hours as established by the school board of the school district in which the 05 person is enrolled. 06 (b) It is an affirmative defense to a violation under (a) of this section that the 07 minor is not required to be in school under an exemption set out in AS 14.30.010(b). 08 (c) School truancy under this section is a violation punishable under 09 AS 47.12.400 - 47.12.430. 10 ARTICLE 3. CITATIONS. 11 Sec. 47.12.400. COMMUNITY SERVICE CITATIONS. The provisions of 12 AS 47.12.400 - 47.12.430 apply to offenses and to noncriminal conduct for which the 13 use of community service citations is authorized by AS 47.12.015(c) or by municipal 14 ordinance. 15 Sec. 47.12.410. ISSUANCE OF COMMUNITY SERVICE CITATION. (a) 16 A community service citation must indicate the number of hours of community service 17 applicable to the offense, the procedure a minor must follow in responding to the 18 citation, and a statement that, if the minor fails to successfully complete the 19 community service requirement, the minor must appear in court. In addition, a citation 20 must indicate that the minor has a right to 21 (1) a trial; 22 (2) engage counsel; 23 (3) confront and question witnesses; 24 (4) testify; and 25 (5) subpoena witnesses on the minor's behalf. 26 (b) The minor to whom a citation is issued under AS 47.12.015(c) shall sign 27 at least one copy of the written citation prepared by the peace officer, and the officer 28 shall deliver a copy of the citation to the minor. 29 Sec. 47.12.420. ACTION ON COMMUNITY SERVICE CITATION. (a) A 30 minor who receives a citation for which community service must be performed may 31 mail or personally deliver to the clerk of the court with appropriate jurisdiction, or to
01 the clerk of the municipality that issued the citation, the minor's written and signed 02 commitment to undertake community service as indicated on the citation for the 03 offense, together with a copy of the citation signed by the minor indicating the minor's 04 waiver of court appearance and entry of plea of no contest. A minor issued a citation 05 for a scheduled offense for which community service must be performed shall mail or 06 personally deliver the written commitment and other requirements described in this 07 subsection within 15 days of the date of the citation. 08 (b) A minor who executes a written and signed commitment to undertake 09 community service under (a) of this section shall complete the number of hours of 10 community service determined with reference to the schedule established under 11 AS 47.12.430 not later than 30 days after mailing or delivering the written 12 commitment under (a) of this section. 13 (c) When the minor required to perform community service completes the 14 number of hours of community service determined with reference to the schedule 15 established under AS 47.12.430, the minor shall mail or personally deliver to the clerk 16 of the court or clerk of the municipality in which the citation is filed by the peace 17 officer a form, prescribed by the administrative director of the Alaska Court System, 18 indicating completion of the community service. 19 (d) When proof of performance of community service has been filed with the 20 court or municipality, a judgment shall be entered. Filing proof of performance of 21 community service is a complete satisfaction for the violation. The clerk of the court 22 or clerk of the municipality accepting the form indicating proof of performance of 23 community service shall provide the minor with a receipt stating that fact, if requested. 24 (e) A citation issued under AS 47.12.410 shall be considered a summons for 25 a misdemeanor if a minor is cited for an offense for which community service must 26 be performed and the minor 27 (1) fails to appear in court to answer the citation; or 28 (2) fails 29 (A) to submit the written and signed commitment to perform 30 community service and the other requirements specified in (a) of this section 31 within the time period prescribed in (a) of this section; or
01 (B) to successfully complete the community service requirement 02 within the time allowed by (b) of this section. 03 (f) If a minor cited for an offense for which community service must be 04 performed appears in court in response to the summons and is found guilty, the penalty 05 imposed for the offense may not exceed the value of the number of hours of 06 community service required to be performed for the offense, as applicable. 07 (g) The court shall sentence a minor convicted under 08 (1) subsection (e)(1) of this section to a minimum sentence of five days 09 in a juvenile institution; 10 (2) subsection (e)(2)(B) of this subsection to a minimum sentence of 11 10 days in a juvenile institution. 12 Sec. 47.12.430. SCHEDULE. For the purposes of AS 47.12.400 - 47.12.420, 13 the required number of hours of community service for an offense or for noncriminal 14 conduct for which community service is authorized is as follows: 15 (1) concealment of merchandise under AS 11.46.220 16 (A) first citation -- 10 hours; 17 (B) second citation -- 15 hours; 18 (C) third and subsequent citations -- 25 hours each; 19 (2) criminal mischief in the third degree under AS 11.46.484(b) -- 10 20 hours; 21 (3) criminal mischief in the fourth degree under AS 11.46.486 22 (A) first citation -- 10 hours; 23 (B) second citation -- 15 hours; 24 (C) third and subsequent citations -- 25 hours each; 25 (4) disorderly conduct under AS 11.61.110 26 (A) first citation -- 10 hours; 27 (B) second citation -- 15 hours; 28 (C) third and subsequent citations -- 25 hours; 29 (5) evading legal custody under AS 47.12.300 or evading detention 30 under AS 47.12.310 31 (A) first citation -- 4 hours;
01 (B) second citation -- 6 hours; 02 (C) third and subsequent citations -- 10 hours each; 03 (6) violation of AS 47.12.320 or an ordinance of a municipality that 04 establishes a curfew 05 (A) first citation -- 6 hours; 06 (B) second citation -- 10 hours; 07 (C) third and subsequent citations -- 16 hours each; 08 (7) violation of AS 47.12.330, relating to school truancy 09 (A) first citation -- 6 hours; 10 (B) second citation -- 10 hours; 11 (C) third and subsequent citations -- 16 hours each; 12 (8) violation of a municipal ordinance described in AS 47.12.015(c)(2) 13 -- the number of hours of service required by the municipal ordinance; 14 (9) the commission of a violation or infraction described in 15 AS 47.12.015(c)(3) -- a number of hours equal to the maximum amount of the fine for 16 the violation or infraction divided by 25. 17 ARTICLE 4. YOUTH COURTS. 18 Sec. 47.12.500. YOUTH COURTS. (a) The department may use youth courts 19 to hear, determine, and dispose of cases involving a minor whose alleged act that 20 brings the minor within the jurisdiction of AS 47.12.010 - 47.12.250 constitutes a 21 violation of a state law that is a misdemeanor or a violation or that constitutes a 22 violation of a municipal ordinance that prescribes a penalty not exceeding the penalties 23 for a class A misdemeanor under state law. 24 (b) Unless otherwise directed by the commissioner, the jurisdiction of a youth 25 court is coextensive with the boundaries of the municipality in which the youth court 26 is located. Only one youth court may be established within the boundaries of a 27 municipality. Nothing in this subsection prohibits two or more municipalities from 28 operating a single youth court for the municipalities by agreement between them. 29 (c) A nonprofit corporation may obtain recognition from the commissioner to 30 serve as a youth court. The corporation may exercise only the powers that are 31 delegated to a youth court by the commissioner, and shall exercise those powers as
01 authorized by the corporation's articles of incorporation and bylaws. The bylaws of 02 the corporation must set out standards and procedures by which the corporation, in its 03 capacity as a youth court, 04 (1) establishes a system by which the minor may be held accountable 05 for the conduct that brings the minor within the jurisdiction of the youth court by 06 being tried, represented, and adjudicated by the minor's peers; 07 (2) guarantees the constitutional rights of the minor that are guaranteed 08 by the state and federal constitutions; 09 (3) may secure jurisdiction over a minor; the youth court may secure 10 jurisdiction over the minor only with the consent of the minor and the agreement of 11 the minor's legal custodian; 12 (4) sets out the process for disposing of matters referred to it for 13 resolution; 14 (5) provides a process for appeal of a verdict or sentence, and defines 15 the basis for appeals; 16 (6) reserves the right to refer to the department, under AS 47.12.040(a), 17 a matter transmitted to the youth court for disposition in which the minor fails, without 18 good cause, to comply with all requirements ordered by the youth court as a part of 19 sentence imposed on the minor; and 20 (7) prepares and delivers a report of the disposition of the matter 21 referred to it for resolution to the commissioner. 22 (d) Subject to the privileges that witnesses have in the courts of this state, the 23 commissioner may compel by subpoena, at a specified time and place, the 24 (1) appearance and sworn testimony of a person who the commissioner 25 reasonably believes may be able to give information relating to a matter before a youth 26 court; and 27 (2) production by a person of a record or object that the commissioner 28 reasonably believes may relate to a matter before a youth court. 29 (e) If a person refuses to comply with a subpoena issued under (d) of this 30 section, the superior court may, upon application of the commissioner, compel 31 obedience by proceedings for contempt in the same manner as in the case of
01 disobedience to the requirements of a subpoena issued by the court or refusal to testify 02 in the court. 03 (f) The commissioner shall make and keep records of all cases referred to a 04 youth court. The records of a youth court proceeding 05 (1) relating to a minor who complies with all requirements ordered by 06 the youth court as a part of sentence imposed on the minor shall be sealed by the 07 commissioner and may not be used for any purpose; and 08 (2) except as to a record described in (1) of this subsection, shall be 09 afforded at least the same protection and are subject to at least the same procedural 10 safeguards in matters relating to access, use, and security as they would be under 11 AS 47.12.180. 12 ARTICLE 5. COMMUNITY INTERVENTION COURTS. 13 Sec. 47.12.550. COMMUNITY INTERVENTION COURTS. (a) In a 14 municipality or combination of municipalities in which a community intervention court 15 is established, the community intervention court may hear, determine, and dispose of 16 cases involving a minor whose alleged act that brings the minor within the jurisdiction 17 of AS 47.12.010 - 47.12.250 constitutes a violation of a state law that is a 18 misdemeanor or a violation or that constitutes a violation of a municipal ordinance that 19 prescribes a penalty not exceeding the penalties for an offense that is a class A 20 misdemeanor under state law. 21 (b) The jurisdiction of a community intervention court is coextensive with the 22 boundaries of the municipality or combination of municipalities in which the court is 23 located. Nothing in this subsection prohibits two or more municipalities from 24 operating a single community intervention court for the municipalities by agreement 25 between them. 26 (c) A community intervention court may exercise only the powers that are 27 required of it by this section and the powers that are set out in the ordinance 28 establishing it. 29 (d) A community intervention court shall adjust or dispose of a matter 30 involving a minor that has been referred to it. To adjust or dispose of a matter, the 31 court and the minor shall enter into an agreement that sets out all requirements set by
01 the court as a part of its adjustment or disposition to which the minor agrees. To that 02 end, the court and the minor may agree that the minor 03 (1) perform community service; 04 (2) make suitable restitution; 05 (3) obtain counseling or treatment when the circumstances described 06 in AS 47.12.560 indicate the need for counseling or treatment, or when the court and 07 the minor agree that counseling or treatment is otherwise appropriate. 08 (e) The ordinance establishing the community intervention court must set out 09 standards and procedures by which the court, 10 (1) establishes a system by which the minor may be held accountable 11 for the conduct that brings the minor within the jurisdiction of the court; 12 (2) guarantees the constitutional rights of the minor that are guaranteed 13 by the state and federal constitutions; 14 (3) may secure jurisdiction over a minor; unless otherwise provided by 15 law, the court may secure jurisdiction over the minor only with the consent of the 16 minor and the agreement of the minor's legal custodian; 17 (4) sets out the process for disposing of matters referred to it for 18 resolution; 19 (5) provides a process for appeal of a verdict or sentence, and defines 20 the basis for appeals; 21 (6) reserves the right to refer to the department, under AS 47.12.040(a), 22 a matter transmitted to the court for disposition in which the minor fails, without good 23 cause, to comply with all requirements ordered by the court as a part of sentence 24 imposed on the minor; and 25 (7) prepares and delivers a report of the disposition of the matter 26 referred to it for resolution to the commissioner. 27 (f) Subject to the privileges that witnesses have in the courts of this state, the 28 community intervention court may compel by subpoena, at a specified time and place, 29 the 30 (1) appearance and sworn testimony of a person who the court 31 reasonably believes may be able to give information relating to a matter before it; and
01 (2) production by a person of a record or object that the court 02 reasonably believes may relate to a matter before it. 03 (g) If a person refuses to comply with a subpoena issued under (f) of this 04 section, the superior court may, upon application of the presiding official of the 05 community intervention court, compel obedience by proceedings for contempt in the 06 same manner as in the case of disobedience to the requirements of a subpoena issued 07 by the superior court or refusal to testify in the superior court. 08 (h) The community intervention court shall make and keep records of all cases 09 referred to it. The records of a court proceeding 10 (1) relating to a minor who complies with all requirements ordered by 11 the community intervention court as a part of sentence imposed on the minor shall be 12 sealed by the commissioner and may not be used for any purpose; and 13 (2) except as to a record described in (1) of this subsection, shall be 14 afforded at least the same protection and are subject to at least the same procedural 15 safeguards in matters relating to access, use, and security as they would be under 16 AS 47.12.180. 17 Sec. 47.12.560. COUNSELING AND TREATMENT. (a) A community 18 intervention court may require a minor to obtain and engage in counseling or 19 treatment. If it determines that counseling or treatment services would be appropriate 20 to the situation, the community intervention court may require one or more members 21 of the minor's family or household to accompany the minor in counseling or treatment. 22 (b) For the purposes of identifying minors who are habitual violators and 23 providing a means to reform that habitual conduct, in addition to other penalties that 24 may be imposed by law, for an offense or for noncriminal conduct described in this 25 subsection, a community intervention court shall require a minor and the minor's 26 family to obtain and engage in appropriate family counseling or treatment whenever 27 the minor obtains, within any consecutive 24-month period, 24 or more points as a 28 result of offenses committed during the period. Notice of each assessment of points 29 may be given, but notice shall be given to the minor by first class mail when the point 30 accumulation reaches 18. For purposes of this subsection, points to be accumulated 31 are as follows:
01 (1) concealment of merchandise under AS 11.46.220 02 (A) first citation -- 4 points; 03 (B) second citation -- 20 points; 04 (C) third and subsequent citations -- 30 points each; 05 (2) criminal mischief in the third degree under AS 11.46.484(b) -- 4 06 points; 07 (3) criminal mischief in the fourth degree under AS 11.46.486 08 (A) first citation -- 4 points; 09 (B) second citation -- 6 points; 10 (C) third and subsequent citations -- 10 points each; 11 (4) disorderly conduct under AS 11.61.110 12 (A) first citation -- 4 points; 13 (B) second citation -- 6 points; 14 (C) third and subsequent citations -- 10 points each; 15 (5) violation of a municipal ordinance described in AS 47.12.015(c)(2) 16 -- a number of points equal to the number of hours of service required by the 17 municipal ordinance; 18 (6) the commission of a violation or infraction described in 19 AS 47.12.015(c)(3) -- a number of points equal to the maximum amount of the fine 20 for the violation or infraction divided by 25. 21 (c) When counseling or treatment is required by this section, the parent or 22 guardian of the minor has the right to choose and may exercise the choice of obtaining 23 counseling or treatment from any source without limitation, including counseling or 24 treatment from or in accordance with the tenets of a church or religious denomination. 25 Sec. 47.12.599. DEFINITION. In AS 47.12.550 - 47.12.599, "court" means 26 a community intervention court. 27 ARTICLE 6. ADMINISTRATION. 28 Sec. 47.12.800. COMMUNITY SERVICE ADMINISTRATORS. The 29 department may employ or may contract for the services of community service 30 administrators. Community service administrators shall 31 (1) carry out duties in the care and treatment of minors that are
01 consistent with the intent of this chapter; 02 (2) implement AS 47.12.400 - 47.12.430 by 03 (A) developing sites at which a minor may perform community 04 services; 05 (B) training volunteer work supervisors; and 06 (C) maintaining records; and 07 (3) assist and advise the courts and the department in the furtherance 08 of the welfare and control of minors under the jurisdiction of the court or the 09 department. 10 ARTICLE 7. GENERAL PROVISIONS. 11 Sec. 47.12.990. DEFINITIONS. In this chapter, unless the context otherwise 12 requires, 13 (1) "commissioner" means the commissioner of health and social 14 services; 15 (2) "court" means the superior court of the state; 16 (3) "crime against a person" means an offense set out in AS 11.41; 17 (4) "delinquent minor" means a minor found to be within the 18 jurisdiction of the court under AS 47.12.010; 19 (5) "department" means the Department of Health and Social Services; 20 (6) "juvenile detention facility" means separate quarters within a city 21 jail used for the detention of delinquent minors; 22 (7) "juvenile detention home" or "detention home" is a separate 23 establishment, exclusively devoted to the detention of minors on a short-term basis and 24 not a part of an adult jail; 25 (8) "juvenile work camp" means a separate residential establishment, 26 exclusively devoted to the detention of minors, in which the minors who are 16 years 27 of age or older and committed to the custody of the department and placed in the 28 facility may be required to labor on the buildings and grounds or perform any other 29 work or engage in any activities that do not conflict with regulations adopted by the 30 Department of Health and Social Services under this chapter for the care, 31 rehabilitation, education, and discipline of minors in detention;
01 (9) "minor" means a person under 18 years of age; 02 (10) "treatment facility" means a hospital, clinic, institution, center, or 03 other health care facility that has been designated by the department for the treatment 04 of juveniles; 05 (11) "victim" has the meaning given in AS 12.55.185. 06 * Sec. 59. AS 47.17.290(8) is amended to read: 07 (8) "maltreatment" means an act or omission that results in 08 circumstances in which there is reasonable cause to suspect that a child may be a child 09 in need of aid, as described in AS 47.10.010(a) [AS 47.10.010(a)(2)], except that, for 10 purposes of this chapter, the act or omission need not have been committed by the 11 child's parent, custodian, or guardian; 12 * Sec. 60. AS 47.33.010(b) is amended to read: 13 (b) Notwithstanding (a) of this section, this chapter does not apply to 14 (1) a correctional facility; 15 (2) a facility for treatment of alcoholism that is regulated under 16 AS 47.37; 17 (3) an emergency shelter; 18 (4) a medical facility, including a nursing home, licensed under 19 AS 18.20; 20 (5) a program for runaway minors licensed under AS 47.10.310 21 [AS 47.10]; or 22 (6) a maternity home licensed under AS 47.35. 23 * Sec. 61. AS 47.33.990(3) is amended to read: 24 (3) "adult" means a person 18 years of age or older who is not a ward 25 of the court [STATE] under AS 47.10.080(f) or AS 47.12.100(d) [AS 47.10.080]; 26 * Sec. 62. AS 47.40.011(a) is amended to read: 27 (a) When the department purchases residential services for minors for whom 28 the state has assumed responsibility under AS 47.10 or AS 47.12, the department shall 29 (1) purchase the services only under grants to local governmental units 30 or nonprofit corporations; 31 (2) award grants for a specified number of beds as provided in
01 AS 47.40.041. 02 * Sec. 63. AS 47.10.010(b), 47.10.010(d), 47.10.010(e), 47.10.020(d), 47.10.050(b), 03 47.10.060, 47.10.070(b), 47.10.075, 47.10.080(b), 47.10.080(h), 47.10.081(a), 47.10.090(b), 04 47.10.093(d), 47.10.093(e), 47.10.095, 47.10.097, 47.10.130, and 47.10.265 are repealed. 05 * Sec. 64. AS 47.12.030(d), added by sec. 58 of this Act, has the effect of amending that 06 provision of Rule 3(b), Alaska Delinquency Rules, declaring that the presence of the minor's 07 parent or guardian is preferred by giving the minor's parent or guardian a right to be present 08 in a proceeding before a court to which the Alaska Delinquency Rules apply. 09 * Sec. 65. Rule 23(d), Alaska Delinquency Rules, is amended to read: 10 (d) ORDER. The court shall enter [IN] its disposition order taking into 11 account the provisions of AS 47.12.120 [, THE COURT SHALL ORDER THE 12 LEAST RESTRICTIVE ALTERNATIVE DISPOSITION UNDER AS 47.10.080(b) 13 THAT ADDRESSES THE JUVENILE'S TREATMENT NEEDS AND PROTECTS 14 THE PUBLIC].