SB 270: "An Act relating to juveniles; relating to the jurisdiction of juvenile courts; relating to the release of juveniles; and relating to records concerning juveniles."
00SENATE BILL NO. 270 01 "An Act relating to juveniles; relating to the jurisdiction of juvenile courts; 02 relating to the release of juveniles; and relating to records concerning juveniles." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.010(b) is amended to read: 05 (b) When a minor is accused of violating a statute, regulation, or municipal 06 ordinance specified in this subsection, other than a statute the violation of which is 07 a felony, AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules do not apply 08 and the minor accused of the offense shall be charged, prosecuted, and sentenced in 09 the district court in the same manner as an adult. If a minor is charged, prosecuted, 10 and sentenced for an offense under this subsection, the minor's parent, guardian, or 11 legal custodian shall be present at all proceedings. The provisions of this subsection 12 apply when a minor is accused of violating 13 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 14 a municipality;
01 (2) AS 11.76.105, relating to the possession of tobacco by a person 02 under 19 years of age; 03 (3) a fish and game statute or regulation under AS 16; 04 (4) a parks and recreational facilities statute or regulation under 05 AS 41.21; [AND] 06 (5) AS 04.16.050, relating to possession or consumption; and 07 (6) a noncriminal offense under a municipal ordinance for which 08 a conviction cannot result in incarceration or the loss of a valuable license and for 09 which a fine schedule has been established under AS 29.25.070(a). 10 * Sec. 2. AS 47.10.040 is amended to read: 11 Sec. 47.10.040. RELEASE OF MINOR. A minor who is taken into custody 12 may, in the discretion of the court and upon the written promise of the parent, 13 guardian, or custodian to bring the minor before the court at a time specified by the 14 court, be released to the care and custody of the parent, guardian, or custodian if the 15 court finds that the appearance of the minor is reasonably assured and that the 16 minor will not pose a danger to other persons or the community. If the court 17 finds that the release of the minor to a parent, guardian, or custodian will not 18 reasonably assure the appearance of the minor or will pose a danger to other 19 persons or the community, the court may (1) place restrictions on the travel, 20 association, or place of abode of the minor, (2) require the minor to return to 21 detention after daylight hours on designated conditions, (3) require the execution 22 of an appearance bond in a specified amount and the deposit in the registry of the 23 court, in cash or other security, a sum not to exceed 10 percent of the amount of 24 the bond, the deposit to be returned upon the performance of the condition of 25 release, (4) require the execution of a bail bond with sufficient solvent securities 26 or the deposit of cash, (5) impose any other condition considered reasonably 27 necessary to assure the minor's appearance as required and the safety of other 28 persons and the community. If the court determines that the imposition of 29 conditions will not reasonably assure the appearance of the minor or that the 30 minor will continue to pose a danger to other persons or the community, the court 31 shall detain the minor [. THE MINOR, IF NOT RELEASED, SHALL BE
01 DETAINED] as provided by AS 47.10.140. The court may determine whether the 02 father or mother or another person shall have the custody and control of the minor for 03 the duration of the proceedings. If the minor is of sufficient age and intelligence to 04 state desires, the court shall give consideration to the minor's desires. 05 * Sec. 3. AS 47.10.040 is amended by adding a new subsection to read: 06 (b) In determining the conditions under (a) of this section, the court shall take 07 into account the factors identified in AS 12.30.020(c) relating to bail. 08 * Sec. 4. AS 47.10.060(e) is amended to read: 09 (e) A person who has been tried as an adult under this section, or the 10 department on the person's behalf, may petition the superior court to seal the records 11 of all criminal proceedings, except traffic offenses, initiated against the person, and all 12 punishments assessed against the person, while the person was a minor. A petition 13 under this subsection may not be filed until five years after the completion of the 14 sentence imposed for the offense for which the person was tried as an adult. If the 15 superior court finds that the punishment assessed against the person has had its 16 intended rehabilitative effect and further finds that the person has fulfilled all orders 17 of the court entered under AS 47.10.080(b), the superior court shall order the record 18 of proceedings and the record of punishments sealed. Sealing the records restores civil 19 rights removed because of a conviction. A person may not use these sealed records 20 for any purpose except that the court may order their use for good cause shown or may 21 order their use by an officer of the court in making a presentencing report for the 22 court. The court may not, under this subsection, seal records of a criminal proceeding 23 (1) that are subject to disclosure under AS 47.10.090(f); 24 (2) initiated against a person if the court finds that the person has not 25 complied with a court order made under AS 47.10.080(b); or 26 (3) [(2)] commenced under AS 47.10.010(e) unless the minor has been 27 acquitted of all offenses with which the minor was charged or unless the most serious 28 offense of which the minor was convicted was not an offense specified in 29 AS 47.10.010(e)(1) or (2). 30 * Sec. 5. AS 47.10.082 is amended to read: 31 Sec. 47.10.082. BEST INTERESTS OF CHILD AND OTHER
01 CONSIDERATIONS. (a) In making its dispositional order under AS 47.10.080(b) 02 the court shall consider the best interests of the child and the public. The court shall 03 also consider 04 (1) the seriousness of the minor's present offense in relation to 05 other offenses; 06 (2) the prior criminal history of the minor and the minor's likely 07 amenability to treatment; 08 (3) the need to confine the minor to prevent further harm to the 09 public; 10 (4) the circumstances of the offense and the extent to which the 11 offense harmed the victim or endangered the public safety or order; 12 (5) the effect of the disposition to be imposed in deterring the 13 minor or other members of society from future delinquent or criminal conduct; 14 (6) the effect of the disposition to be imposed as a community 15 condemnation of the minor's conduct and as a reaffirmation of societal norms; 16 and 17 (7) the ability of the state to take custody and to care for the child 18 to protect the child's best interests under AS 47.10.010 - 47.10.142. 19 (b) In making its dispositional order under AS 47.10.080(c) the court shall 20 consider the 21 (1) best interests of the child; and 22 (2) [. IN EITHER CASE THE COURT SHALL CONSIDER ALSO 23 THE] ability of the state to take custody and to care for the child to protect the child's 24 best interests under AS 47.10.010 - 47.10.142. 25 * Sec. 6. AS 47.10.090(a) is amended to read: 26 (a) The court shall make and keep records of all cases brought before it. 27 Except as provided in (c) of this section, records relating to a child, 13 years of 28 age or older, who is alleged or found to be delinquent, are public records. 29 Records relating to a child who is alleged or found to be a child in need of aid are 30 confidential and may only be inspected by a person having a legitimate interest 31 in inspecting the records and only with the court's permission.
01 * Sec. 7. AS 47.10.090(c) is amended to read: 02 (c) A minor, on [WITHIN 30 DAYS OF] the date of the [A] minor's 18th 03 birthday or two years after the minor has successfully completed any disposition 04 ordered by the court, whichever occurs later, may petition [, IF] the court to 05 [RETAINS JURISDICTION OF A MINOR PAST THE MINOR'S 18TH BIRTHDAY, 06 WITHIN 30 DAYS OF THE DATE ON WHICH THE COURT RELEASES 07 JURISDICTION OVER THE MINOR, THE COURT SHALL] order all the court's 08 official records pertaining to the [THAT] minor under AS 47.10.010 - 47.10.142 09 sealed [, AS WELL AS RECORDS OF ALL DRIVER'S LICENSE PROCEEDINGS 10 UNDER AS 28.15.185, CRIMINAL PROCEEDINGS AGAINST THE MINOR, AND 11 PUNISHMENTS ASSESSED AGAINST THE MINOR]. A person may not use these 12 sealed records for any purpose except that the court may order their use for good cause 13 shown or may order their use by an officer of the court in making a presentencing 14 report for the court. The court shall unseal the records and make them available 15 for public inspection if the minor is charged with a felony offense within two 16 years of the date the records were sealed. The provisions of this subsection relating 17 to the sealing of records do not apply to records of traffic offenses. This subsection 18 does not authorize a court to seal records of a criminal proceeding that are 19 subject to disclosure under AS 47.10.090(f). 20 * Sec. 8. AS 47.10.090(d) is amended to read: 21 (d) The name or picture of a minor under the jurisdiction of the court 22 (1) may [NOT] be made public in connection with the minor's status 23 as a delinquent child, if 24 (A) the court's official records pertaining to the minor are 25 subject to disclosure under (f) of this section and the records are not sealed 26 under (b) of this section; or 27 (B) disclosure is authorized by order of the court; 28 (2) may not be made public in connection with the minor's status 29 as [OR] a child in need of aid unless the court's official records relating to the 30 minor are subject to disclosure under (f) of this section or disclosure is authorized 31 by order of the court.
01 * Sec. 9. AS 47.10.090(e) is amended to read: 02 (e) The court's official records that, under this chapter, are confidential or 03 have been sealed may be inspected only with the court's permission and only by 04 persons having a legitimate interest in them. Under (a) of this section a [A] person 05 with a legitimate interest in the inspection of, and under (c) of this section a person 06 with good cause to inspect, an official record maintained by the court includes a 07 victim who suffered physical injury or whose real or personal property was damaged 08 as a result of an offense that was the basis of an adjudication or modification of 09 disposition. If the victim knows the identity of the minor, identifies the minor or the 10 offense to the court, and certifies that the information is being sought to consider or 11 support a civil action against the minor or against the minor's parents or guardians 12 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 13 victim to inspect and use the [FOLLOWING] records [AND INFORMATION IN 14 CONNECTION WITH THE CIVIL ACTION: 15 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 16 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 17 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 18 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 19 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 20 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT 21 UNDER THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE 22 UNDER AS 47.10.060(a); AND 23 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 24 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 25 (3) OF THIS SUBSECTION]. 26 * Sec. 10. AS 47.10.090 is amended by adding new subsections to read: 27 (f) A record made or kept by the court, including the identity of a minor, is 28 not confidential and shall be disclosed to the public if the record relates to a criminal 29 offense that a minor is accused of committing and the minor is 30 (1) 13 years of age or older and the criminal offense is a felony, 31 regardless of whether the minor is subject to prosecution as an adult or adjudication
01 as a minor under this chapter; or 02 (2) less than 13 years of age and 03 (A) the criminal offense is a felony, regardless of whether the 04 minor is subject to prosecution as an adult or adjudication as a minor under this 05 chapter; and 06 (B) the minor has been previously convicted of, or adjudicated 07 a delinquent for, a felony. 08 (g) In (f) of this section, "criminal offense" does not include an offense arising 09 from the minor's application for, or receipt of, benefits provided from the proceeds of 10 grants under 42 U.S.C. 671 or 42 U.S.C. 602. 11 * Sec. 11. AS 47.10.093(a) is amended to read: 12 (a) Except as specified in AS 47.10.092 and (b) - (g) and (k) [(b) - (f) AND 13 (g)] of this section, all information and social records pertaining to a minor who is 14 subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, 15 or municipal agency or employee in the discharge of the agency's or employee's 16 official duty, including driver's license actions under AS 28.15.185, are privileged and 17 may not be disclosed directly or indirectly to anyone without a court order. 18 * Sec. 12. AS 47.10.093(h) is amended to read: 19 (h) Notwithstanding (c)(3) and (k) of this section, a state or municipal law 20 enforcement agency is not required to (1) notify the appropriate school official of a 21 school district or school under (c) of this section, or (2) make the disclosures 22 required under (k) of this section, if the agency determines that notice or disclosure, 23 as appropriate, would jeopardize an ongoing investigation. 24 * Sec. 13. AS 47.10.093 is amended by adding new subsections to read: 25 (k) Information, including the identity of the minor, concerning a criminal 26 offense that a minor is accused of committing is not privileged and shall be disclosed 27 to the public if the minor is 28 (1) 13 years of age or older and the criminal offense is a felony, 29 regardless of whether the minor is subject to prosecution as an adult or adjudication 30 as a minor under this chapter; or 31 (2) less than 13 years of age and
01 (A) the criminal offense is a felony, regardless of whether the 02 minor is subject to prosecution as an adult or adjudication as a minor under this 03 chapter; and 04 (B) the minor has previously been convicted of, or adjudicated 05 a delinquent for, a felony. 06 (l) In (k) of this section, "criminal offense" does not include an offense arising 07 from the minor's application for, or receipt of, benefits provided from the proceeds of 08 grants under 42 U.S.C. 671 or 42 U.S.C. 602. 09 * Sec. 14. AS 47.10.140(d) is amended to read: 10 (d) If the court finds that probable cause exists, it shall determine whether the 11 minor should be detained pending the hearing on the petition or released as provided 12 in AS 47.10.040. [IT MAY EITHER ORDER THE MINOR HELD IN DETENTION 13 OR RELEASED TO THE CUSTODY OF A SUITABLE PERSON PENDING THE 14 HEARING ON THE PETITION.] If the court finds no probable cause, it shall order 15 the minor released and close the case.