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CSHB 16(HES) Detail
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CSHB 16(HES): "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; providing for the dual sentencing of minors who commit certain felony offenses; relating to violations of municipal ordinances by minors and to civil penalties for violation of municipal ordinances by minors; amending the Interstate Compact on Juveniles to which the state is a party; and amending Rules 3, 21, and 27 and repealing Rules 6, 7, and 21(f), Alaska Delinquency Rules; and providing for an effective date."

00CS FOR HOUSE BILL NO. 16(HES) 01 "An Act relating to delinquent minors, to the taking of action based on the 02 alleged criminal misconduct of certain minors, to the services to be provided to 03 the victims of criminal misconduct of minors, and to agency records involving 04 minors alleged to be delinquent based on their criminal misconduct; providing for 05 the dual sentencing of minors who commit certain felony offenses; relating to 06 violations of municipal ordinances by minors and to civil penalties for violation 07 of municipal ordinances by minors; amending the Interstate Compact on Juveniles 08 to which the state is a party; and amending Rules 3, 21, and 27 and repealing 09 Rules 6, 7, and 21(f), Alaska Delinquency Rules; and providing for an effective 10 date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 13 (54) AS 29.25.070(e) (notices of certain civil actions). 14 * Sec. 2. AS 29.25.070(b) is amended to read:

01 (b) The municipality or an aggrieved person may institute a civil action against 02 a person, including a minor as provided in AS 29.25.072, who violates an ordinance. 03 In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 04 may be imposed for each violation. An action to enjoin a violation may be brought 05 notwithstanding the availability of any other remedy. On application for injunctive 06 relief and a finding of a violation or a threatened violation, the superior court shall 07 grant the injunction. Each day that a violation of an ordinance continues constitutes 08 a separate violation. 09 * Sec. 3. AS 29.25.070 is amended by adding new subsections to read: 10 (e) The municipality shall provide written notice to the commissioner of health 11 and social services or to the commissioner's designee of the commencement of a civil 12 enforcement action for the violation of an ordinance under (b) of this section against 13 a minor. Unless the commissioner and the municipality have negotiated an agreement 14 making other arrangements for the municipality to provide the notice required by this 15 subsection, the municipality shall provide the notice by mailing a copy of the citation 16 or other document setting out the notice of the commencement of the civil enforcement 17 action. This subsection applies to home rule and general law municipalities. 18 (f) In this section, "minor" means a person under 18 years of age. 19 * Sec. 4. AS 29.25 is amended by adding a new section to read: 20 Sec. 29.25.072. Civil penalties for violation of municipal ordinances by 21 minors. (a) Except as otherwise provided in this section, the enforcement under 22 AS 29.25.070(b) of a civil penalty against a minor for violation of a municipal 23 ordinance shall be heard in the district court in the same manner as for similar 24 allegations brought against an adult, except that the minor's parent, guardian, or legal 25 custodian shall be present at all proceedings unless the court excuses the parent, 26 guardian, or legal custodian from attendance for good cause. 27 (b) If provision is made by ordinance for use of a hearing officer to decide 28 enforcement of a civil penalty under AS 29.25.070(b), allegations against a minor for 29 a civil penalty under a municipal ordinance may be assigned to a hearing officer for 30 the municipality for decision. 31 (c) An action for a civil penalty filed against a minor under this section does

01 not give rise to the right to a trial by jury or to counsel appointed at public expense. 02 * Sec. 5. AS 33.30.901(12) is amended to read: 03 (12) "prisoner" 04 (A) means a person held under authority of state law in official 05 detention as defined in AS 11.81.900(b); 06 (B) includes a minor [JUVENILE] committed to the custody 07 of the commissioner when, 08 (i) under AS 47.12.030(a), 47.12.065, or 47.12.100, the 09 minor [JUVENILE] has been charged, prosecuted, or convicted as an 10 adult; or 11 (ii) under AS 47.12.160(e), the minor has been 12 ordered transferred to the custody of the commissioner; 13 * Sec. 6. AS 44.23 is amended by adding a new section to read: 14 Sec. 44.23.070. Victim/witness assistance program. If the Department of 15 Law maintains a victim/witness assistance program, subject to sufficient appropriations 16 for the purpose, the services of that program shall be extended to victims of criminal 17 offenses committed by persons under 18 years of age so that victims of these offenses 18 may exercise the rights provided to them by law. 19 * Sec. 7. AS 47.10.092(a) is amended to read: 20 (a) Notwithstanding AS 47.10.090 and 47.10.093, 21 (1) a parent or legal guardian of a minor subject to a proceeding under 22 AS 47.10.010 - 47.10.142 may disclose confidential or privileged information about 23 the minor, including information that has been lawfully obtained from agency or court 24 files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed 25 under AS 24.55, the attorney general, and the commissioners of health and social 26 services, administration, or public safety, or an employee of these persons, for review 27 or use in their official capacities; 28 (2) the department may disclose confidential or privileged 29 information about the minor and make available for inspection documents about 30 the minor to the state officials or employees identified in (1) of this subsection for 31 review or use in their official capacities; and

01 (3) a [. A] person to whom disclosure is made under (1) or (2) of this 02 subsection [SECTION] may not disclose confidential or privileged information about 03 the minor to a person not authorized to receive it. 04 * Sec. 8. AS 47.10.092(b) is amended to read: 05 (b) The disclosure right under (a)(1) [(a)] of this section is in addition to, and 06 not in derogation of, the rights of a parent or legal guardian of a minor. 07 * Sec. 9. AS 47.12.010 is repealed and reenacted to read: 08 Sec. 47.12.010. Goal and purposes of chapter. (a) The goal of this chapter 09 is to promote a balanced juvenile justice system in the state to protect the community, 10 impose accountability for violations of law, and equip juvenile offenders with the skills 11 needed to live responsibly and productively. 12 (b) The purposes of this chapter are to 13 (1) respond to a juvenile offender's needs in a manner that is consistent 14 with 15 (A) prevention of repeated criminal behavior; 16 (B) restoration of the community and victim; 17 (C) protection of the public; and 18 (D) development of the juvenile into a productive citizen; 19 (2) protect citizens from juvenile crime; 20 (3) hold each juvenile offender directly accountable for the offender's 21 conduct; 22 (4) provide swift and consistent consequences for crimes committed by 23 juveniles; 24 (5) make the juvenile justice system more open, accessible, and 25 accountable to the public; 26 (6) require parental or guardian participation in the juvenile justice 27 process; 28 (7) create an expectation that parents will be held responsible for the 29 conduct and needs of their children; 30 (8) ensure that victims, witnesses, parents, guardians, juvenile offenders, 31 and all other interested parties are treated with dignity, respect, courtesy, and

01 sensitivity throughout all legal proceedings; 02 (9) provide due process through which juvenile offenders, victims, 03 parents, and guardians are assured fair legal proceedings during which constitutional 04 and other legal rights are recognized and enforced; 05 (10) divert juveniles from the formal juvenile justice process through 06 early intervention as warranted when consistent with the protection of the public; 07 (11) provide an early, individualized assessment and action plan for 08 each juvenile offender in order to prevent further criminal behavior through the 09 development of appropriate skills in the juvenile offender so that the juvenile is more 10 capable of living productively and responsibly in the community; 11 (12) ensure that victims and witnesses of crimes committed by juveniles 12 are afforded the same rights as victims and witnesses of crimes committed by adults; 13 (13) encourage and provide opportunities for local communities and 14 groups to play an active role in the juvenile justice process in ways that are culturally 15 relevant; and 16 (14) review and evaluate regularly and independently the effectiveness 17 of programs and services under this chapter. 18 * Sec. 10. AS 47.12.040(a) is amended to read: 19 (a) Whenever circumstances subject a minor to the jurisdiction of this chapter, 20 the court shall 21 (1) provide, under procedures adopted by court rule, that, for a minor 22 who is alleged to be a delinquent minor under AS 47.12.020, the department or an 23 entity selected by it [A STATE AGENCY] shall make a preliminary inquiry to 24 determine if any action is appropriate and may take appropriate action to adjust the 25 matter without a court hearing; if, under this paragraph, 26 (A) the department or an entity selected by it [STATE 27 AGENCY] makes a preliminary inquiry and takes appropriate action to adjust 28 the matter without a court hearing, the minor may not be detained or taken into 29 custody as a condition of the adjustment and, subject to AS 47.12.060, the 30 matter shall be closed by the department or an entity selected by it 31 [AGENCY] if the minor successfully completes all that is required of the minor

01 by the department or an entity selected by it [AGENCY] in the adjustment; 02 in a municipality or municipalities in which a youth court has been established 03 under AS 47.12.400, adjustment of the matter under this paragraph may include 04 referral to the youth court; 05 (B) the department or an entity selected by it 06 [AGENCY] concludes that the matter may not be adjusted without a court 07 hearing, the department or an entity selected by it [AGENCY] may file a 08 petition under (2) of this subsection setting out the facts; or 09 (2) appoint a competent person or agency to make a preliminary 10 inquiry and report for the information of the court to determine whether the interests 11 of the public or of the minor require that further action be taken; if, under this 12 paragraph, the court appoints a person or agency to make a preliminary inquiry and 13 to report to it, then upon the receipt of the report, the court may informally adjust the 14 matter without a hearing, or it may authorize the person having knowledge of the facts 15 of the case to file with the court a petition setting out the facts; if the court informally 16 adjusts the matter, the minor may not be detained or taken into the custody of the 17 court as a condition of the adjustment, and the matter shall be closed by the court upon 18 adjustment. 19 * Sec. 11. AS 47.12.060 is amended to read: 20 Sec. 47.12.060. Informal action [BY DEPARTMENT] to adjust matter. 21 (a) The provisions of this section apply to a minor who is alleged to be a delinquent 22 minor under AS 47.12.020 and for whom the department or an entity selected by 23 it [AN AGENCY] has, under applicable court rule, made a preliminary inquiry 24 [BEFORE TAKING APPROPRIATE ACTION] as authorized by AS 47.12.040(a)(1) 25 [AS 47.12.040(a)]. Following the preliminary inquiry, 26 (1) [UNLESS] the department or the entity selected by it may 27 dismiss the matter with or without prejudice; or 28 (2) [AGENCY DETERMINES THAT THE MATTER SHOULD BE 29 DISMISSED,] the department or the entity selected by it [AGENCY] may take 30 informal action to adjust the matter. 31 (b) When the department or the entity selected by it [AGENCY] decides to

01 make [THAT] an informal adjustment of a matter under (a)(2) of this section 02 [SHOULD BE MADE], that informal adjustment may not be made without the 03 agreement or consent of the minor and the minor's parents or guardian 04 [GUARDIANS] to the terms and conditions of the adjustment. An informal action to 05 adjust a matter is not successfully completed unless, among other factors that the 06 department or the entity selected by it [AGENCY] considers, as to the victim of the 07 act of the minor that is the basis of the delinquency allegation, the minor pays 08 restitution in the amount set by the department or the entity selected by it 09 [AGENCY] or agrees as a term or condition set by the department or the entity 10 selected by it [AGENCY] to pay the restitution. 11 * Sec. 12. AS 47.12 is amended by adding a new section to read: 12 Sec. 47.12.065. Dual sentencing provisions. (a) The department or the entity 13 selected by it shall refer to the appropriate district attorney the circumstances involving 14 a minor who is subject to the provisions of this section because the minor is alleged 15 to have violated a criminal law of the state. The department or the entity selected by 16 it shall make the referral if the minor was 17 (1) at least 13 years of age but had not reached 16 years of age at the 18 time of the offense, and the offense is 19 (A) an unclassified felony or a class A felony for which 20 AS 47.12.030(a) would have made this chapter and the Alaska Delinquency 21 Rules inapplicable if the minor had been at least 16 years of age at the time of 22 the offense; or 23 (B) sexual assault in the second degree; or 24 (2) 16 years of age or older at the time of the offense, and the offense 25 is 26 (A) a felony that is a crime against a person and the minor has 27 previously been adjudicated a delinquent under the laws of this state or 28 substantially similar laws of another jurisdiction for a felony offense that is a 29 crime against a person; or 30 (B) sexual abuse of a minor in the second degree. 31 (b) If a referral is made under (a) of this section, the district attorney may elect

01 to seek imposition of a dual sentence in the case to further the goal and purposes of 02 this chapter as set out in AS 47.12.010. If the district attorney seeks imposition of a 03 dual sentence, the district attorney shall present the case to the grand jury for 04 indictment. If the grand jury returns an indictment, the district attorney shall file with 05 the court under AS 47.12.040(a) a petition seeking the minor's adjudication as a 06 delinquent. 07 (c) If the district attorney decides not to seek imposition of a dual sentence 08 under (b) of this section or if the grand jury does not return an indictment, the case 09 shall proceed under the remaining provisions of this chapter. 10 * Sec. 13. AS 47.12.110(b) is amended to read: 11 (b) Notwithstanding (a) of this section or an order prohibiting or limiting 12 the public made under (d) of this section, the victim of an offense that a minor is 13 alleged to have committed, or the designee of the victim, has a right to be present at 14 all hearings held under this section. If the minor is found to have committed the 15 offense, the victim may at the disposition hearing give sworn testimony or make an 16 unsworn oral presentation concerning the offense and its effect on the victim. If there 17 are numerous victims of a minor's offense, the court may limit the number of victims 18 who may give sworn testimony or make an unsworn oral presentation, but the court 19 may not limit the right of a victim to attend a hearing. 20 * Sec. 14. AS 47.12.110 is amended by adding a new subsection to read: 21 (d) Notwithstanding (a) of this section, a court proceeding shall be open to the 22 public, except as prohibited or limited by order of the court, 23 (1) when the district attorney has elected to seek imposition of a dual 24 sentence, and a petition has been filed under AS 47.12.065, or when a minor agrees 25 as part of a plea agreement to be subject to dual sentencing; or 26 (2) for a minor who is 16 years of age or older at the time of the 27 commission of the offense and who is found by the court to have committed a crime 28 against a person punishable as a felony or who, after having been previously 29 adjudicated a delinquent for an offense punishable as a felony, is found by the court 30 to have committed the offense of burglary in the first degree. 31 * Sec. 15. AS 47.12.120(b) is amended to read:

01 (b) If the minor is not subject to (j) of this section and the court finds that 02 the minor is delinquent, it shall 03 (1) order the minor committed to the department for a period of time 04 not to exceed two years or in any event extend past the day the minor becomes 19 05 years of age, except that the department may petition for and the court may grant in 06 a hearing (A) two-year extensions of commitment that do not extend beyond the 07 minor's [CHILD'S] 19th birthday if the extension is in the best interests of the minor 08 and the public; and (B) an additional one-year period of supervision past age 19 if 09 continued supervision is in the best interests of the person and the person consents to 10 it; the department shall place the minor in the juvenile facility that the department 11 considers appropriate and that may include a juvenile correctional school, juvenile 12 work camp, treatment facility, detention home, or detention facility; the minor may be 13 released from placement or detention and placed on probation on order of the court 14 and may also be released by the department, in its discretion, under AS 47.12.260 15 [AS 47.10.200]; 16 (2) order the minor placed on probation, to be supervised by the 17 department, and released to the minor's parents, guardian, or a suitable person; if the 18 court orders the minor placed on probation, it may specify the terms and conditions 19 of probation; the probation may be for a period of time, not to exceed two years and 20 in no event extend past the day the minor becomes 19 years of age, except that the 21 department may petition for and the court may grant in a hearing 22 (A) two-year extensions of supervision that do not extend 23 beyond the minor's [CHILD'S] 19th birthday if the extension is in the best 24 interests of the minor and the public; and 25 (B) an additional one-year period of supervision past age 19 if 26 the continued supervision is in the best interests of the person and the person 27 consents to it; 28 (3) order the minor committed to the department and placed on 29 probation, to be supervised by the department [,] and released to the minor's parents, 30 guardian, other suitable person, or suitable nondetention setting such as with a relative 31 or in a foster home or residential [A FAMILY HOME, GROUP CARE FACILITY,

01 OR] child care facility, whichever the department considers appropriate to implement 02 the treatment plan of the predisposition report; if the court orders the minor placed on 03 probation, it may specify the terms and conditions of probation; the department may 04 transfer the minor, in the minor's best interests, from one of the probationary 05 placement settings listed in this paragraph to another, and the minor, the minor's 06 parents or guardian, and the minor's attorney are entitled to reasonable notice of the 07 transfer; the probation may be for a period of time [,] not to exceed two years and in 08 no event extend past the day the minor becomes 19 years of age, except that the 09 department may petition for and the court may grant in a hearing 10 (A) two-year extensions of commitment that do not extend 11 beyond the minor's [CHILD'S] 19th birthday if the extension is in the best 12 interests of the minor and the public; and 13 (B) an additional one-year period of supervision past age 19 if 14 the continued supervision is in the best interests of the person and the person 15 consents to it; 16 (4) order the minor and the minor's parent to make suitable restitution 17 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 18 under this paragraph, 19 (A) except as provided in (B) of this paragraph, the court may 20 not refuse to make an order of restitution to benefit the victim of the act of the 21 minor that is the basis of the delinquency adjudication; and 22 (B) the court may not order payment of restitution by the parent 23 of a minor who is a runaway or missing minor for an act of the minor that was 24 committed by the minor after the parent has made a report to a law 25 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 26 away or is missing; for purposes of this subparagraph, "runaway or missing 27 minor" means a minor who a parent reasonably believes is absent from the 28 minor's residence for the purpose of evading the parent or who is otherwise 29 missing from the minor's usual place of abode without the consent of the 30 parent; 31 (5) order the minor committed to the department for placement in an

01 adventure based education program established under AS 47.21.020 with conditions 02 the court considers appropriate concerning release upon satisfactory completion of the 03 program or commitment under (1) of this subsection if the program is not satisfactorily 04 completed; 05 (6) in addition to an order under (1) - (5) of this subsection, [IF THE 06 DELINQUENCY FINDING IS BASED ON THE MINOR'S VIOLATION OF 07 AS 11.71.030(a)(3) OR 11.71.040(a)(4),] order the minor to perform [50 HOURS OF] 08 community service; for purposes of this paragraph, "community service" includes work 09 (A) defined as community service under AS 33.30.901; or 10 (B) that, on the recommendation of the city council or 11 traditional village council, would benefit persons within the city or village who 12 are elderly or disabled; or 13 (7) in addition to an order under (1) - (6) of this subsection, order the 14 minor's parent or guardian to comply with orders made under AS 47.12.155, including 15 participation in treatment under AS 47.12.155(b)(1). 16 * Sec. 16. AS 47.12.120(g) is amended to read: 17 (g) Within 18 months after the date a minor is initially taken into 18 [COMMITTED TO THE] custody by [OF] the department under (b)(3) of this section, 19 the court shall hold a hearing to review the placement and services provided and to 20 determine the future status of the minor. The court shall make appropriate written 21 findings, including findings related to the following: 22 (1) whether the minor should be returned to the parent; 23 (2) whether the minor should remain in out-of-home care for a 24 specified period; 25 (3) whether the minor should remain in out-of-home care on a 26 permanent or long-term basis because of special needs or circumstances; 27 (4) whether the minor should be placed for adoption or legal 28 guardianship. 29 * Sec. 17. AS 47.12.120 is amended by adding new subsections to read: 30 (i) When, under (a) of this section, the court enters judgment finding that a 31 minor is delinquent, the court may order the minor temporarily detained pending entry

01 of its dispositional order if the court finds that detention is necessary 02 (1) to protect the minor or the community; or 03 (2) to ensure the minor's appearance at a subsequent court hearing. 04 (j) If, in a case in which a district attorney has elected to seek imposition of 05 a dual sentence under AS 47.12.065, the court finds that the minor is delinquent for 06 committing an offense in the circumstances set out in AS 47.12.065, or if the minor 07 agrees as part of a plea agreement to be subject to dual sentencing, the court shall 08 (1) enter one or more orders under (b) of this section; and 09 (2) pronounce a sentence for the offense in accordance with the 10 provisions of AS 12.55; however, the sentence pronounced under this paragraph must 11 include some period of imprisonment that is not suspended by the court. 12 * Sec. 18. AS 47.12.140 is amended to read: 13 Sec. 47.12.140. Court dispositional order. In making its dispositional order 14 under AS 47.12.120(b)(1) - (3) and (5) and (j), the court shall 15 (1) consider both the best interests of the minor and the interests of the 16 public, and, in doing so, the court shall take into account 17 (A) the seriousness of the minor's delinquent act [,] and the 18 attitude of the minor and the minor's parents toward that act; 19 (B) the minor's culpability as indicated by the circumstances of 20 the particular case; 21 (C) the age of the minor; 22 (D) the minor's prior criminal or juvenile record [,] and the 23 success or failure of any previous orders, dispositions, or placements imposed 24 on the minor; 25 (E) the effect of the dispositional order to be imposed in 26 deterring the minor [CHILD] from committing other delinquent acts; 27 (F) the need to commit the minor to the department's custody 28 or to detain the minor in an institution or other suitable place in order to 29 prevent further harm to the public; 30 (G) the interest of the public in securing the minor's 31 rehabilitation; and

01 (H) the ability of the state to take custody of and to care for the 02 minor; and 03 (2) order the least restrictive alternative disposition for the minor; for 04 purposes of this paragraph, the "least restrictive alternative disposition" means that 05 disposition that is no more restrictive than is, in the judgment of the court, most 06 conducive to the minor's rehabilitation taking into consideration the interests of the 07 public. 08 * Sec. 19. AS 47.12.160 is amended by adding new subsections to read: 09 (d) The department may petition the court for imposition of sentence 10 pronounced under AS 47.12.120(j)(2) if the offender is still subject to the jurisdiction 11 of the court and if the offender, after pronouncement of sentence under 12 AS 47.12.120(j)(2), 13 (1) commits a subsequent felony offense; 14 (2) commits a subsequent offense against a person that is a 15 misdemeanor and involves injury to a person or the use of a deadly weapon; 16 (3) fails to comply with the terms of a restitution order; 17 (4) fails to engage in or satisfactorily complete a rehabilitation program 18 ordered by a court or required by a facility or juvenile probation officer; or 19 (5) escapes from a juvenile correctional facility. 20 (e) If a petition is filed under (d) of this section and if the court finds by a 21 preponderance of the evidence that the minor has committed a subsequent felony 22 offense that is a crime against a person or is the crime of arson, the court shall impose 23 the adult sentence previously pronounced under AS 47.12.120(j) and transfer custody 24 of the minor to the Department of Corrections. If the court finds by a preponderance 25 of the evidence that any of the other circumstances set out in (d)(1) - (5) of this 26 section exist, the court shall impose the adult sentence previously pronounced and 27 transfer custody of the minor to the Department of Corrections unless the minor proves 28 by preponderance of the evidence that mitigating circumstances exist that justify a 29 continuance in the stay of the adult sentence and the minor is amenable to further 30 treatment under this chapter. The court shall make written findings to support its 31 order.

01 * Sec. 20. AS 47.12.180(a) is amended to read: 02 (a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an 03 adjudication under this chapter upon the status of a minor 04 (1) may not operate to impose any of the civil disabilities ordinarily 05 imposed by conviction upon a criminal charge; 06 (2) does not operate to permit a minor afterward to be considered a 07 criminal by the adjudication; and 08 (3) does not operate to permit the adjudication to be afterward 09 considered [DEEMED] a conviction, nor may a minor be charged with or convicted 10 of a crime in a court [,] except as provided in this chapter. 11 * Sec. 21. AS 47.12.210(b) is amended to read: 12 (b) Except as provided by AS 47.12.310(b)(1), fingerprint [FINGERPRINT] 13 records taken under this section are not subject to AS 47.12.310. 14 * Sec. 22. AS 47.12.240(c) is amended to read: 15 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 16 correctional facility 17 (1) if the minor is the subject of a petition filed with the court under 18 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 19 is in official detention pending the filing of that petition; however, detention in a 20 correctional facility under this paragraph may not exceed the lesser of 21 (A) six hours; or 22 (B) the time necessary to arrange the minor's transportation to 23 a juvenile detention home or comparable facility for the detention of minors; 24 (2) if, in response to a petition of delinquency filed under this chapter, 25 the court has entered an order closing the case under AS 47.12.100(a), allowing the 26 minor to be prosecuted as an adult; [OR] 27 (3) if the incarceration constitutes a protective custody detention of the 28 minor that is authorized by AS 47.37.170(b); or 29 (4) if, under AS 47.12.160(e), the court has entered an order 30 imposing an adult sentence and transferring custody of the minor to the 31 Department of Corrections.

01 * Sec. 23. AS 47.12 is amended by adding a new section to read: 02 Sec. 47.12.245. Arrest. A peace officer 03 (1) may arrest a minor 04 (A) for the commission of an act that subjects the minor to the 05 provisions of this chapter under the same circumstances and in the same 06 manner as would apply to the arrest of an adult for violation of a criminal law 07 of the state or a municipality of the state; 08 (B) if the peace officer reasonably believes the minor is a 09 fugitive from justice; 10 (C) if the peace officer has probable cause to believe that the 11 minor has violated a condition of the minor's release or probation; or 12 (D) if the peace officer reasonably believes that the minor has 13 been adjudicated a delinquent and has escaped from an institution or absconded 14 from probation, parole, or the jurisdiction of a court; 15 (2) may continue the lawful arrest of a minor that is made by a citizen. 16 * Sec. 24. AS 47.12.300(c) is amended to read: 17 (c) Except as provided in (g) of this section, the [THE] name or picture of 18 a minor under the jurisdiction of the court may not be made public in connection with 19 the minor's status as a delinquent unless authorized by order of the court. 20 * Sec. 25. AS 47.12.300(d) is amended to read: 21 (d) Except as provided in (f) of this section, within [WITHIN] 30 days of 22 the date of a minor's 18th birthday or, if the court retains jurisdiction of a minor past 23 the minor's 18th birthday, within 30 days of the date on which the court releases 24 jurisdiction over the minor, the court shall order all the court's official records 25 pertaining to that minor in a proceeding under this chapter sealed, as well as records 26 of all driver's license proceedings under AS 28.15.185, criminal proceedings against 27 the minor, and punishments assessed against the minor. A person may not use these 28 sealed records for any purpose except that the court may order their use for good cause 29 shown or may order their use by an officer of the court in making a presentencing 30 report for the court. The provisions of this subsection relating to the sealing of records 31 do not apply to records of traffic offenses.

01 * Sec. 26. AS 47.12.300(e) is amended to read: 02 (e) The court's official records prepared under this chapter and not made 03 public under this section are confidential and may be inspected only with the 04 court's permission and only by persons having a legitimate interest in them. A person 05 with a legitimate interest in the inspection of a confidential [AN OFFICIAL] record 06 maintained by the court includes a victim who suffered physical injury or whose real 07 or personal property was damaged as a result of an offense that was the basis of an 08 adjudication or modification of disposition. If the victim knows the identity of the 09 minor, identifies the minor or the offense to the court, and certifies that the 10 information is being sought to consider or support a civil action against the minor or 11 against the minor's parents or guardian [GUARDIANS] under AS 34.50.020, the court 12 shall, subject to AS 12.61.110 and 12.61.140, allow the victim to inspect and use the 13 following records and information in connection with the civil action: 14 (1) a petition filed under AS 47.12.040(a) seeking to have the court 15 declare the minor a delinquent; 16 (2) a petition filed under AS 47.12.120 seeking to have the court 17 modify or revoke the minor's probation; 18 (3) a petition filed under AS 47.12.100 requesting the court to find that 19 a minor is not amenable to treatment under this chapter and that results in closure of 20 a case under AS 47.12.100(a); and 21 (4) a court judgment or order entered under this chapter that disposes 22 of a petition identified in (1) - (3) of this subsection. 23 * Sec. 27. AS 47.12.300(f) is amended to read: 24 (f) A person who has been tried as an adult under AS 47.12.100(a) or a 25 person whose records have been made public under (g) of this section, or the 26 department on the person's behalf, may petition the superior court to seal the records 27 of all criminal proceedings, except traffic offenses, initiated against the person, and all 28 punishments assessed against the person, while the person was a minor. A petition 29 under this subsection may not be filed until five years after the completion of the 30 sentence imposed for the offense for which the person was tried as an adult or five 31 years after a disposition was entered for an offense for which the records were

01 made public under (g) of this section. If the superior court finds that its order has 02 had its intended rehabilitative effect and further finds that the person has fulfilled all 03 orders of the court entered under AS 47.12.120, the superior court shall order the 04 record of proceedings and the record of punishments sealed. Sealing the records 05 restores civil rights removed because of a conviction. A person may not use these 06 sealed records for any purpose except that the court may order their use for good cause 07 shown or may order their use by an officer of the court in making a presentencing 08 report for the court. The court may not, under this subsection, seal records of a 09 criminal proceeding 10 (1) initiated against a person if the court finds that the person has not 11 complied with a court order made under AS 47.12.120; or 12 (2) commenced under AS 47.12.030(a) unless the minor has been 13 acquitted of all offenses with which the minor was charged or unless the most serious 14 offense of which the minor was convicted was not an offense specified in 15 AS 47.12.030(a). 16 * Sec. 28. AS 47.12.300 is amended by adding new subsections to read: 17 (g) When a district attorney has elected to seek imposition of a dual sentence 18 and a petition has been filed under AS 47.12.065, or when a minor agrees as part of 19 a plea agreement to be subject to dual sentencing, all court records shall be open to 20 the public except for predisposition reports, psychiatric and psychological reports, and 21 other documents that the court orders to be kept confidential because the release of the 22 documents could be harmful to the minor or could violate the constitutional rights of 23 the victim or other persons. 24 (h) A person who discloses confidential information in violation of this section 25 is guilty of a class B misdemeanor. 26 * Sec. 29. AS 47.12.310(b) is amended to read: 27 (b) A state or municipal agency or employee 28 (1) shall disclose information regarding a case to a state or 29 municipal law enforcement agency for a specific investigation being conducted by 30 that agency; and 31 (2) may disclose information regarding a case to

01 (A) [(1)] a guardian ad litem appointed by the court or to a 02 citizen review panel for permanency planning authorized by AS 47.14.200 - 03 47.14.220; 04 (B) [(2)] a person or an agency requested to provide 05 consultation or services for a minor who is subject to the jurisdiction of the 06 court under this chapter; 07 (C) [(3)] school officials as may be necessary to protect the 08 safety of school students and staff; 09 (D) [(4)] a governmental agency as may be necessary to obtain 10 that agency's assistance for the department in its investigation or to obtain 11 physical custody of a minor; 12 (E) [(5)] a state or municipal law enforcement agency as may 13 be necessary [FOR A SPECIFIC INVESTIGATION BEING CONDUCTED 14 BY THAT AGENCY OR] for disclosures by that agency to protect the public 15 safety; and 16 (F) [(6)] a victim or to the victim's insurance company as 17 may be necessary to inform the victim or the insurance company about the 18 arrest of the minor, an investigation regarding a case involving the minor, 19 or the disposition or resolution of a case involving a minor. 20 * Sec. 30. AS 47.12.310(g) is amended to read: 21 (g) The department and affected law enforcement agencies shall work with 22 school districts and private schools to develop procedures for the disclosure of 23 information to school officials under (b)(2)(C) [(b)(3)] and (c)(3) of this section. The 24 procedures must provide a method for informing the principal or the principal's 25 designee of the school the student attends as soon as it is reasonably practicable. 26 * Sec. 31. AS 47.12.320(a) is amended to read: 27 (a) Notwithstanding AS 47.12.300 and 47.12.310, 28 (1) a parent or legal guardian of a minor subject to a proceeding under 29 this chapter may disclose confidential or privileged information about the minor, 30 including information that has been lawfully obtained from agency or court files, to 31 the governor, the lieutenant governor, a legislator, the ombudsman appointed under

01 AS 24.55, the attorney general, and the commissioners of health and social services, 02 administration, or public safety, or an employee of these persons, for review or use in 03 their official capacities; 04 (2) the department may disclose confidential or privileged 05 information about the minor and make available for inspection documents about 06 the minor to the state officials or employees identified in (1) of this subsection for 07 review or use in their official capacities; and 08 (3) a [. A] person to whom disclosure is made under (1) or (2) of this 09 subsection [SECTION] may not disclose confidential or privileged information about 10 the minor to a person not authorized to receive it. 11 * Sec. 32. AS 47.12.320(b) is amended to read: 12 (b) The disclosure right under (a)(1) [(a)] of this section is in addition to, and 13 not in derogation of, the rights of a parent or legal guardian of a minor. 14 * Sec. 33. AS 47.15.010 is amended by adding a new article to read: 15 ARTICLE XVII 16 RENDITION 17 (a) This article shall provide additional remedies and shall be binding only 18 between those party states which specifically execute it. 19 (b) All provisions and procedures of articles V and VI of the Interstate 20 Compact on Juveniles shall be construed to apply to any juvenile charged with being 21 a delinquent by reason of a violation of any criminal law. Any juvenile charged with 22 being a delinquent by reason of violating any criminal law shall be returned to the 23 requesting state upon a requisition to the state where the juvenile may be found. A 24 petition in such a case shall be filed in a court of competent jurisdiction in the 25 requesting state where the violation of criminal law is alleged to have been committed. 26 The petition may be filed regardless of whether the juvenile has left the state before 27 or after filing of the petition. The requisition described in article V of the compact 28 shall be forwarded by the judge of the court in which the petition has been filed. 29 * Sec. 34. AS 47.12.110(d), added by sec. 14 of this Act, has the effect of changing 30 Rules 3 and 21, Alaska Delinquency Rules, by reversing the presumption that the public shall 31 be excluded from hearings involving minors.

01 * Sec. 35. The provisions of AS 47.12.300(g), added by sec. 28 of this Act, have the effect 02 of changing Rule 27, Alaska Delinquency Rules, by making court records for certain juvenile 03 proceedings public documents in specified circumstances. 04 * Sec. 36. Rules 6, 7, and 21(f), Alaska Delinquency Rules, are repealed. 05 * Sec. 37. AS 47.12.110(c) is repealed. 06 * Sec. 38. APPLICABILITY OF SECTIONS 1 - 32. Sections 1 - 32 of this Act apply to 07 all offenses committed on or after the effective date of this Act. 08 * Sec. 39. SCOPE AND APPLICABILITY OF SECTION 33. The juvenile rendition 09 amendment to the Interstate Compact on Juveniles is hereby enacted into law by sec. 33 of 10 this Act and entered into by this state with all other states legally joining therein in the form 11 substantially as set out in sec. 33 of this Act. Section 33 of this Act applies to offenses 12 committed before, on, or after the effective date of this Act. 13 * Sec. 40. This Act takes effect July 1, 1997.