CSHB 6(FIN) AM: "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors."
00CS FOR HOUSE BILL NO. 6(FIN) am 01 "An Act relating to minors and amending laws relating to the disclosure of 02 information relating to certain minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.12.300(c) is amended to read: 05 (c) Except when disclosure of the name of a minor is authorized or 06 required by this chapter, the [THE] name or picture of a minor under the jurisdiction 07 of the court may not be made public in connection with the minor's status as a 08 delinquent unless authorized by order of the court. 09 * Sec. 2. AS 47.12.310(a) is amended to read: 10 (a) Except as specified in AS 47.12.315, 47.12.320, [AS 47.12.320] and (b) - 11 (g) of this section, all information and social records pertaining to a minor who is 12 subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, 13 or municipal agency or employee in the discharge of the agency's or employee's 14 official duty, including driver's license actions under AS 28.15.185, are privileged and
01 may not be disclosed directly or indirectly to anyone without a court order. 02 * Sec. 3. AS 47.12.310(d) is amended to read: 03 (d) Upon request of a victim, the department shall make every reasonable 04 effort to notify the victim as soon as practicable, by telephone or in writing, when a 05 delinquent minor is to be released from placement in a juvenile facility under 06 AS 47.12.120(b)(1). The notice under this subsection must include the expected date 07 of the delinquent minor's release, the geographic area in which the delinquent minor 08 is required to reside, and other pertinent information concerning the delinquent minor's 09 conditions of release that may affect the victim. 10 * Sec. 4. AS 47.12 is amended by adding a new section to read: 11 Sec. 47.12.315. Public disclosure of information in agency records relating 12 to certain minors. (a) Notwithstanding AS 47.12.310, when an agency takes action 13 under AS 47.12.040(a)(1) to adjust a matter, or when under AS 47.12.040(a)(2) the 14 court directs the agency to adjust the matter, the agency 15 (1) shall disclose to the public the name of a minor, the name or names 16 of the parent, parents, or guardian of the minor, the action required by the agency to 17 be taken by the minor under AS 47.12.060 to adjust the matter, and information about 18 the offense exclusive of information that identifies the victim of the offense, if the 19 minor was, under AS 47.12.020, previously alleged to be a delinquent minor on the 20 basis of the minor's commission of at least one offense and, on the basis of that 21 allegation, a state agency has, under AS 47.12.040(a), been asked to make a 22 preliminary inquiry to determine if any action on that matter is appropriate, and, if the 23 minor is alleged to be a delinquent minor on the basis of the minor's commission of 24 another offense, exercise of agency jurisdiction is based on the minor's alleged 25 commission of that other offense, and that other offense is one of the following: 26 (A) a crime against a person that is punishable as a felony; 27 (B) a crime in which the minor employed a deadly weapon, as 28 that term is defined in AS 11.81.900(b), in committing the crime; 29 (C) arson under AS 11.46.400 - 11.46.410; 30 (D) burglary under AS 11.46.300, but only if 31 (i) the minor has previously been arrested for or has been
01 previously alleged to have committed a burglary under AS 11.46.300; 02 or 03 (ii) the complaint, indictment, information, or other 04 document charging the minor with the commission of burglary under 05 AS 11.46.300 sets out multiple counts of burglary in the first degree; 06 (E) distribution of child pornography under AS 11.61.125; 07 (F) promoting prostitution in the first degree under 08 AS 11.66.110; or 09 (G) misconduct involving a controlled substance under 10 AS 11.71 involving the delivery of a controlled substance or the possession of 11 a controlled substance with intent to deliver, other than an offense under 12 AS 11.71.040 or 11.71.050; and 13 (2) may disclose to the public the name of a minor, the name or names 14 of the parent, parents, or guardian of the minor, the action required by the agency to 15 be taken by the minor under AS 47.12.060 to adjust the matter, and information about 16 the offense exclusive of information that identifies the victim of the offense if the 17 minor has knowingly failed to comply with all terms and conditions required of the 18 minor by the agency to adjust the matter under AS 47.12.060(b). 19 (b) The department shall publicly disclose the name of a minor, the name or 20 names of the minor's parent, parents, or guardian, and the alleged offense exclusive 21 of information that identifies the victim of the offense, and, when available, the 22 outcome of proceedings before the court if, under AS 47.12.040(a)(1)(B) or 23 AS 47.12.040(a)(2), the department files with the court a petition seeking adjudication 24 of the minor as a delinquent based on 25 (1) the minor's alleged commission of an offense, and the minor has 26 knowingly failed to comply with all the terms and conditions required of the minor by 27 the department or imposed on the minor in a court order entered under 28 AS 47.12.040(a)(2) or 47.12.120; 29 (2) the minor's alleged commission of 30 (A) a crime against a person that is punishable as a felony; 31 (B) a crime in which the minor employed a deadly weapon, as
01 that term is defined in AS 11.81.900(b), in committing the crime; 02 (C) arson under AS 11.46.400 - 11.46.410; 03 (D) burglary under AS 11.46.300; 04 (E) distribution of child pornography under AS 11.61.125; 05 (F) promoting prostitution in the first degree under 06 AS 11.66.110; or 07 (G) misconduct involving a controlled substance under 08 AS 11.71 involving the delivery of a controlled substance or the possession of 09 a controlled substance with intent to deliver, other than an offense under 10 AS 11.71.040 or 11.71.050; or 11 (3) the minor's alleged commission of a felony and the minor was 16 12 years of age or older at the time of commission of the offense when the minor has 13 previously been convicted or adjudicated a delinquent minor based on the minor's 14 commission of an offense that is a felony. 15 (c) If, under AS 47.12.060(a), the agency determines that a matter should be 16 dismissed or if, under AS 47.12.120(c), the court finds that a minor is not delinquent 17 and dismisses the case against the minor, the minor may request the department to 18 disclose information about the matter or the case to the public. If the minor makes a 19 request under this subsection, the department shall disclose to the public information 20 about the disposition of the matter or case under AS 47.12.060(a) or 47.12.120(c), as 21 appropriate, exclusive of information that identifies the victim of the alleged offense. 22 (d) When required by this section to disclose information, 23 (1) the department or other agency may not disclose the name of an 24 out-of-home care provider, as that term is defined in AS 47.14.299, with whom the 25 minor was living at the time the minor was alleged to have committed the offense if 26 the minor had been placed in out-of-home care with that provider on other than a 27 permanent or long-term basis; 28 (2) if the department or other agency maintains the information to be 29 disclosed by electronic means that can be recovered from a computer data base, the 30 department or agency may disclose the information in that medium. 31 (e) The department or an agency may not release information about a minor
01 under this section if the offense allegedly committed by the minor on which the 02 information is based occurred before August 1, 1997. The authority to release 03 information under this section is limited to five years from the date the department or 04 other agency is first required or authorized to make the disclosure. However, the 05 limitation of this section does not apply if the department or other agency determines 06 that during the five-year period the minor 07 (1) has knowingly failed to make all restitution payments required of 08 the minor by AS 47.12.060(b) or 47.12.120(b)(4); or 09 (2) has committed a crime punishable as a felony. 10 (f) When disclosure is required under this section, the department may petition 11 the court for an order prohibiting the disclosure. The court may grant the petition if, 12 on the basis of information presented in the petition or at an in camera hearing held 13 on the petition, the court finds that 14 (1) the crime was an isolated incident and the minor does not present 15 any further danger to the public; or 16 (2) the victim agrees that disclosure is inappropriate. 17 * Sec. 5. APPLICABILITY. In AS 47.12.315, added by sec. 4 of this Act, when 18 disclosure of information is dependent on the minor's previous conviction or adjudication as 19 a delinquent, or on the minor's failure to comply with all terms and conditions required of or 20 imposed on the minor, the Department of Health and Social Services or other agency required 21 to make the disclosure shall consider the minor's previous conviction or delinquency 22 adjudication, or a term or condition required or imposed on the minor, that occurred before 23 the effective date of this Act, but may not consider a conviction or adjudication that occurred 24 or a term or condition that was required or imposed earlier than five years before the effective 25 date of this Act.