HB 475: "An Act relating to proceedings involving and records concerning children in need of aid and delinquent minors; and amending Rule 3(c), Alaska Delinquency Rules."
00HOUSE BILL NO. 475 01 "An Act relating to proceedings involving and records concerning children in need 02 of aid and delinquent minors; and amending Rule 3(c), Alaska Delinquency 03 Rules." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.10.070 is amended to read: 06 Sec. 47.10.070. HEARINGS. (a) The court may conduct the hearing on the 07 petition in an informal manner in the courtroom or in chambers. The [A] hearing 08 may be held before a young adult advisory panel in accordance with AS 47.10.075. 09 The court shall give notice of the hearing to the department and the department [IT] 10 may send a representative to the hearing. The court shall also transmit a copy of the 11 petition to the department. The representative of the department may also be heard at 12 the hearing. [THE PUBLIC SHALL BE EXCLUDED FROM THE HEARING, BUT 13 THE COURT, IN ITS DISCRETION, MAY PERMIT INDIVIDUALS TO ATTEND 14 A HEARING, IF THEIR ATTENDANCE IS COMPATIBLE WITH THE BEST
01 INTERESTS OF THE MINOR. NOTHING IN THIS SECTION MAY BE APPLIED 02 IN SUCH A WAY AS TO DENY A CHILD'S RIGHTS TO A PUBLIC TRIAL AND 03 TO A TRIAL BY JURY.] 04 (b) The [NOTWITHSTANDING (a) OF THIS SECTION, THE] victim of an 05 offense that a minor is alleged to have committed, or the designee of the victim, has 06 a right to be present at all hearings based on a petition to adjudicate a minor a 07 delinquent that are held under this section. If the minor is found to have committed 08 the offense, the victim may at the disposition hearing give sworn testimony or make 09 an unsworn oral presentation concerning the offense and its effect on the victim. If 10 there are numerous victims of a minor's offense, the court may limit the number of 11 victims who may give sworn testimony or make an unsworn oral presentation [, BUT 12 THE COURT MAY NOT LIMIT THE RIGHT OF A VICTIM TO ATTEND A 13 HEARING]. 14 * Sec. 2. AS 47.10.070 is amended by adding new subsections to read: 15 (c) In a hearing held under this section on a petition to find the minor a child 16 in need of aid, the court shall exclude the public from the hearing. However, the 17 court, in its discretion, may permit an individual to attend a hearing if the attendance 18 of the individual is compatible with the best interests of the minor. 19 (d) In a hearing held under this section on a petition to adjudicate a minor a 20 delinquent based on a criminal offense that the minor is alleged to have committed, 21 the public may attend the hearing. However, on application by a party, the court may 22 exclude the public from the hearing or a portion of it. Before issuing an order 23 excluding the public from the hearing or a portion of it, the court shall consider 24 possible alternatives to ensure that the closure order is no broader than necessary to 25 accomplish the court's purpose in requiring the closure, and shall place its reasons for 26 ordering the closure or partial closure on the record. The court may order a closure 27 or partial closure to exclude the public from the hearing 28 (1) if the court determines that a closure or partial closure is necessary 29 to protect the minor or the victim of the offense from physical harm or from severe 30 emotional harm; 31 (2) to maintain order in the courtroom;
01 (3) to ensure truthful testimony; or 02 (4) to meet any other interest of a party or of the court that the court 03 finds to be compelling. 04 (e) Nothing in this section may be applied in such a way as to deny a minor's 05 rights to a public trial and to a jury trial. 06 * Sec. 3. AS 47.10.082 is amended to read: 07 Sec. 47.10.082. BASIS OF COURT DISPOSITIONAL ORDER [BEST 08 INTERESTS OF CHILD AND OTHER CONSIDERATIONS]. In making its 09 dispositional order 10 (1) under AS 47.10.080(b), the court shall consider all of the 11 following: 12 (A) the seriousness of the offense committed by the child in 13 relation to other offenses; 14 (B) the child's prior record of violations of state and 15 municipal criminal laws and the likelihood of rehabilitation; 16 (C) the need to confine the child to prevent further harm to 17 the public; 18 (D) the circumstances of the offense for which the child was 19 adjudicated delinquent and the extent to which the offense harmed the 20 victim or endangered the public safety or order; 21 (E) the effect of the dispositional order to be imposed in 22 deterring the child or other minors from future criminal conduct; 23 (F) the effect of the sentence to be imposed as a community 24 condemnation of the violation of state or municipal criminal law and as a 25 reaffirmation of societal norms; 26 (G) the best interests of the public; 27 (H) the best interests of the child; and 28 (I) the ability of the state to take custody and to care for the 29 child to protect the child's best interests under AS 47.10.010 - 47.10.142; 30 (2) [AND THE PUBLIC. IN MAKING ITS DISPOSITIONAL 31 ORDER] under AS 47.10.080(c), the court shall consider
01 (A) the best interests of the child; and 02 (B) [. IN EITHER CASE THE COURT SHALL CONSIDER 03 ALSO] the ability of the state to take custody and to care for the child to 04 protect the child's best interests under AS 47.10.010 - 47.10.142. 05 * Sec. 4. AS 47.10.090(d) is amended to read: 06 (d) The name or picture of a minor under the jurisdiction of the court may not 07 be made public in connection with the minor's status as [A DELINQUENT CHILD 08 OR] a child in need of aid unless authorized by order of the court. 09 * Sec. 5. AS 47.10.090(e) is amended to read: 10 (e) The court's official records under this chapter that relate to or that are 11 based on a petition filed under this chapter for a minor alleged to be a child in 12 need of aid are confidential and may be inspected only with the court's permission 13 and only by persons having a legitimate interest in them. [A PERSON WITH A 14 LEGITIMATE INTEREST IN THE INSPECTION OF AN OFFICIAL RECORD 15 MAINTAINED BY THE COURT INCLUDES A VICTIM WHO SUFFERED 16 PHYSICAL INJURY OR WHOSE REAL OR PERSONAL PROPERTY WAS 17 DAMAGED AS A RESULT OF AN OFFENSE THAT WAS THE BASIS OF AN 18 ADJUDICATION OR MODIFICATION OF DISPOSITION. IF THE VICTIM 19 KNOWS THE IDENTITY OF THE MINOR, IDENTIFIES THE MINOR OR THE 20 OFFENSE TO THE COURT, AND CERTIFIES THAT THE INFORMATION IS 21 BEING SOUGHT TO CONSIDER OR SUPPORT A CIVIL ACTION AGAINST THE 22 MINOR OR AGAINST THE MINOR'S PARENTS OR GUARDIANS UNDER 23 AS 34.50.020, THE COURT SHALL, SUBJECT TO AS 12.61.110 AND 12.61.140, 24 ALLOW THE VICTIM TO INSPECT AND USE THE FOLLOWING RECORDS 25 AND INFORMATION IN CONNECTION WITH THE CIVIL ACTION: 26 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 27 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 28 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 29 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 30 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 31 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT
01 UNDER THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE 02 UNDER AS 47.10.060(a); AND 03 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 04 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 05 (3) OF THIS SUBSECTION.] 06 * Sec. 6. AS 47.10.090 is amended by adding new subsections to read: 07 (f) The court's official records under this chapter that relate to or that are 08 based on a petition filed under this chapter for a minor alleged to be a delinquent 09 minor 10 (1) are, as to a minor who is under 13 years of age at the time of the 11 offense on which the petition for adjudication is filed, confidential and may be 12 inspected only with the court's permission and only by persons having a legitimate 13 interest in them; a person with a legitimate interest in the inspection of the record 14 includes a victim who suffered physical injury or whose real or personal property was 15 damaged as a result of an offense that was the basis of an adjudication or modification 16 of disposition; if the victim knows the identity of the minor, identifies the minor or the 17 offense to the court, and certifies that the information is being sought to consider or 18 support a civil action against the minor or against the minor's parents or guardians 19 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 20 victim to inspect and use the following records and information in connection with the 21 civil action: 22 (A) a petition filed under AS 47.10.010(a)(1) seeking to have 23 the court declare the minor a delinquent; 24 (B) a petition filed under AS 47.10.080 seeking to have the court 25 modify or revoke the minor's probation; 26 (C) a petition filed under AS 47.10.060 requesting the court to 27 find that a minor is not amenable to treatment under this chapter and that 28 results in closure of a case under AS 47.10.060(a); and 29 (D) a court judgment or order entered under AS 47.10.010 - 30 47.10.142 that disposes of a petition identified in (A) - (C) of this paragraph; 31 (2) are, as to a minor other than a minor described in (1) of this
01 subsection, open to inspection and copying by the public. 02 (g) A person who, under AS 47.10.080, has been adjudicated a delinquent 03 minor may petition the court to seal the record of the delinquency proceeding and 04 expunge the information relating to it from the court's records. The person may not 05 file a petition under this subsection until the person's 18th birthday or until two years 06 after completion of the disposition as ordered, whichever occurs later. If the court 07 finds that the person has complied with all the terms of the disposition and has not 08 committed another violation of a state or municipal criminal law, the court shall order 09 the record of the proceeding to be sealed and the person's record expunged. The 10 sealed records may not be used for any purpose, except the court may order 11 (1) their use for good cause shown; or 12 (2) that the seal of the records be broken if the person is charged with 13 a felony offense within two years of the sealing. 14 * Sec. 7. AS 47.10.070(d), added by sec. 2 of this Act, has the effect of amending Rule 15 3(c), Alaska Delinquency Rules, by establishing a presumption that court hearings on 16 delinquency proceedings will be open to the public except when ordered closed by the court. 17 * Sec. 8. Sections 1 and 2 of this Act take effect only if sec. 7 of this Act receives the 18 two-thirds vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.