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CSHB 16(JUD) Detail
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CSHB 16(JUD): "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 and 7, Alaska Delinquency Rules; and providing for an effective date."

00CS FOR HOUSE BILL NO. 16(JUD) 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 and 7, Alaska Delinquency Rules; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 29.10.200 is amended by adding a new paragraph to read: 12 (54) AS 29.25.070(e) (notices of certain civil actions). 13 * Sec. 2. AS 29.25.070(b) is amended to read: 14 (b) The municipality or an aggrieved person may institute a civil action against

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

01 * Sec. 5. AS 33.30.901(12) is amended to read: 02 (12) "prisoner" 03 (A) means a person held under authority of state law in official 04 detention as defined in AS 11.81.900(b); 05 (B) includes a minor [JUVENILE] committed to the custody 06 of the commissioner when, 07 (i) under AS 47.12.030(a), 47.12.065, or 47.12.100, the 08 minor [JUVENILE] has been charged, prosecuted, or convicted as an 09 adult; or 10 (ii) under AS 47.12.160(e), the minor has been 11 ordered transferred to the custody of the commissioner; 12 * Sec. 6. AS 44.23 is amended by adding a new section to read: 13 Sec. 44.23.070. Victim/witness assistance program. If the Department of 14 Law maintains a victim/witness assistance program, subject to sufficient appropriations 15 for the purpose, the services of that program shall be extended to victims of criminal 16 offenses committed by persons under 18 years of age so that victims of these offenses 17 may exercise the rights provided to them by law. 18 * Sec. 7. AS 47.10.092(a) is amended to read: 19 (a) Notwithstanding AS 47.10.090 and 47.10.093, 20 (1) a parent or legal guardian of a minor subject to a proceeding under 21 AS 47.10.010 - 47.10.142 may disclose confidential or privileged information about 22 the minor, including information that has been lawfully obtained from agency or court 23 files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed 24 under AS 24.55, the attorney general, and the commissioners of health and social 25 services, administration, or public safety, or an employee of these persons, for review 26 or use in their official capacities; 27 (2) the department may disclose confidential or privileged 28 information about the minor and make available for inspection documents about 29 the minor to the state officials or employees identified in (1) of this subsection for 30 review or use in their official capacities; and 31 (3) a [. A] person to whom disclosure is made under (1) or (2) of this

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

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

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

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

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

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

01 the treatment plan of the predisposition report; if the court orders the minor placed on 02 probation, it may specify the terms and conditions of probation; the department may 03 transfer the minor, in the minor's best interests, from one of the probationary 04 placement settings listed in this paragraph to another, and the minor, the minor's 05 parents or guardian, and the minor's attorney are entitled to reasonable notice of the 06 transfer; the probation may be for a period of time [,] not to exceed two years and in 07 no event extend past the day the minor becomes 19 years of age, except that the 08 department may petition for and the court may grant in a hearing 09 (A) two-year extensions of commitment that do not extend 10 beyond the minor's [CHILD'S] 19th birthday if the extension is in the best 11 interests of the minor and the public; and 12 (B) an additional one-year period of supervision past age 19 if 13 the continued supervision is in the best interests of the person and the person 14 consents to it; 15 (4) order the minor and the minor's parent to make suitable restitution 16 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 17 under this paragraph, 18 (A) except as provided in (B) of this paragraph, the court may 19 not refuse to make an order of restitution to benefit the victim of the act of the 20 minor that is the basis of the delinquency adjudication; and 21 (B) the court may not order payment of restitution by the parent 22 of a minor who is a runaway or missing minor for an act of the minor that was 23 committed by the minor after the parent has made a report to a law 24 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 25 away or is missing; for purposes of this subparagraph, "runaway or missing 26 minor" means a minor who a parent reasonably believes is absent from the 27 minor's residence for the purpose of evading the parent or who is otherwise 28 missing from the minor's usual place of abode without the consent of the 29 parent; 30 (5) order the minor committed to the department for placement in an 31 adventure based education program established under AS 47.21.020 with conditions

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

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

01 minor; and 02 (2) order the least restrictive alternative disposition for the minor; for 03 purposes of this paragraph, the "least restrictive alternative disposition" means that 04 disposition that is no more restrictive than is, in the judgment of the court, most 05 conducive to the minor's rehabilitation taking into consideration the interests of the 06 public. 07 * Sec. 19. AS 47.12.160 is amended by adding new subsections to read: 08 (d) The department may petition the court for imposition of sentence 09 pronounced under AS 47.12.120(j)(2) if the offender is still subject to the jurisdiction 10 of the court and if the offender, after pronouncement of sentence under 11 AS 47.12.120(j)(2), 12 (1) commits a subsequent felony offense; 13 (2) commits a subsequent offense against a person that is a 14 misdemeanor and involves injury to a person or the use of a deadly weapon; 15 (3) fails to comply with the terms of a restitution order; 16 (4) fails to engage in or satisfactorily complete a rehabilitation program 17 ordered by a court or required by a facility or juvenile probation officer; or 18 (5) escapes from a juvenile correctional facility. 19 (e) If a petition is filed under (d) of this section and if the court finds by a 20 preponderance of the evidence that the minor has committed a subsequent felony 21 offense that is a crime against a person or is the crime of arson, the court shall impose 22 the adult sentence previously pronounced under AS 47.12.120(j) and transfer custody 23 of the minor to the Department of Corrections. If the court finds by a preponderance 24 of the evidence that any of the other circumstances set out in (d)(1) - (5) of this 25 section exist, the court shall impose the adult sentence previously pronounced and 26 transfer custody of the minor to the Department of Corrections unless the minor proves 27 by preponderance of the evidence that mitigating circumstances exist that justify a 28 continuance in the stay of the adult sentence and the minor is amenable to further 29 treatment under this chapter. The court shall make written findings to support its 30 order. 31 * Sec. 20. AS 47.12.180(a) is amended to read:

01 (a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an 02 adjudication under this chapter upon the status of a minor 03 (1) may not operate to impose any of the civil disabilities ordinarily 04 imposed by conviction upon a criminal charge; 05 (2) does not operate to permit a minor afterward to be considered a 06 criminal by the adjudication; and 07 (3) does not operate to permit the adjudication to be afterward 08 considered [DEEMED] a conviction, nor may a minor be charged with or convicted 09 of a crime in a court [,] except as provided in this chapter. 10 * Sec. 21. AS 47.12.210(b) is amended to read: 11 (b) Except as provided by AS 47.12.310(b)(1), fingerprint [FINGERPRINT] 12 records taken under this section are not subject to AS 47.12.310. 13 * Sec. 22. AS 47.12.240(c) is amended to read: 14 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 15 correctional facility 16 (1) if the minor is the subject of a petition filed with the court under 17 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 18 is in official detention pending the filing of that petition; however, detention in a 19 correctional facility under this paragraph may not exceed the lesser of 20 (A) six hours; or 21 (B) the time necessary to arrange the minor's transportation to 22 a juvenile detention home or comparable facility for the detention of minors; 23 (2) if, in response to a petition of delinquency filed under this chapter, 24 the court has entered an order closing the case under AS 47.12.100(a), allowing the 25 minor to be prosecuted as an adult; [OR] 26 (3) if the incarceration constitutes a protective custody detention of the 27 minor that is authorized by AS 47.37.170(b); or 28 (4) if, under AS 47.12.160(e), the court has entered an order 29 imposing an adult sentence and transferring custody of the minor to the 30 Department of Corrections. 31 * Sec. 23. AS 47.12 is amended by adding a new section to read:

01 Sec. 47.12.245. Arrest. A peace officer 02 (1) may arrest a minor 03 (A) for the commission of an act that subjects the minor to the 04 provisions of this chapter under the same circumstances and in the same 05 manner as would apply to the arrest of an adult for violation of a criminal law 06 of the state or a municipality of the state; 07 (B) if the peace officer reasonably believes the minor is a 08 fugitive from justice; 09 (C) if the peace officer has probable cause to believe that the 10 minor has violated a condition of the minor's release or probation; or 11 (D) if the peace officer reasonably believes that the minor has 12 been adjudicated a delinquent and has escaped from an institution or absconded 13 from probation, parole, or the jurisdiction of a court; 14 (2) may continue the lawful arrest of a minor that is made by a citizen. 15 * Sec. 24. AS 47.12.250(a) is amended to read: 16 (a) A peace officer who has arrested or who has continued the arrest of 17 [MAY ARREST] a minor under AS 47.12.245 [WHO VIOLATES A LAW OR 18 ORDINANCE IN THE PEACE OFFICER'S PRESENCE, OR WHOM THE PEACE 19 OFFICER REASONABLY BELIEVES IS A FUGITIVE FROM JUSTICE. A PEACE 20 OFFICER MAY CONTINUE A LAWFUL ARREST MADE BY A CITIZEN. THE 21 PEACE OFFICER] may 22 (1) have the minor detained in a juvenile detention facility if in the 23 opinion of the peace officer making or continuing the arrest it is necessary to do so 24 to protect the minor or the community; however, the department may direct that a 25 minor who was arrested or whose arrest was continued be released from detention 26 before the hearing required by (c) of this section; 27 (2) before taking the minor to a juvenile detention facility, release 28 the minor to the minor's parents or guardian if detention is not necessary to 29 (A) protect the minor or the community; or 30 (B) ensure the minor's attendance at subsequent court 31 hearings.

01 * Sec. 25. AS 47.12.300(c) is amended to read: 02 (c) Except as provided in (g) of this section, the [THE] name or picture of 03 a minor under the jurisdiction of the court may not be made public in connection with 04 the minor's status as a delinquent unless authorized by order of the court. 05 * Sec. 26. AS 47.12.300(d) is amended to read: 06 (d) Except as provided in (f) of this section, within [WITHIN] 30 days of 07 the date of a minor's 18th birthday or, if the court retains jurisdiction of a minor past 08 the minor's 18th birthday, within 30 days of the date on which the court releases 09 jurisdiction over the minor, the court shall order all the court's official records 10 pertaining to that minor in a proceeding under this chapter sealed, as well as records 11 of all driver's license proceedings under AS 28.15.185, criminal proceedings against 12 the minor, and punishments assessed against the minor. A person may not use these 13 sealed records for any purpose except that the court may order their use for good cause 14 shown or may order their use by an officer of the court in making a presentencing 15 report for the court. The provisions of this subsection relating to the sealing of records 16 do not apply to records of traffic offenses. 17 * Sec. 27. AS 47.12.300(e) is amended to read: 18 (e) The court's official records prepared under this chapter and not made 19 public under this section are confidential and may be inspected only with the 20 court's permission and only by persons having a legitimate interest in them. A person 21 with a legitimate interest in the inspection of a confidential [AN OFFICIAL] record 22 maintained by the court includes a victim who suffered physical injury or whose real 23 or personal property was damaged as a result of an offense that was the basis of an 24 adjudication or modification of disposition. If the victim knows the identity of the 25 minor, identifies the minor or the offense to the court, and certifies that the 26 information is being sought to consider or support a civil action against the minor or 27 against the minor's parents or guardian [GUARDIANS] under AS 34.50.020, the court 28 shall, subject to AS 12.61.110 and 12.61.140, allow the victim to inspect and use the 29 following records and information in connection with the civil action: 30 (1) a petition filed under AS 47.12.040(a) seeking to have the court 31 declare the minor a delinquent;

01 (2) a petition filed under AS 47.12.120 seeking to have the court 02 modify or revoke the minor's probation; 03 (3) a petition filed under AS 47.12.100 requesting the court to find that 04 a minor is not amenable to treatment under this chapter and that results in closure of 05 a case under AS 47.12.100(a); and 06 (4) a court judgment or order entered under this chapter that disposes 07 of a petition identified in (1) - (3) of this subsection. 08 * Sec. 28. AS 47.12.300(f) is amended to read: 09 (f) A person who has been tried as an adult under AS 47.12.100(a) or a 10 person whose records have been made public under (g) of this section, or the 11 department on the person's behalf, may petition the superior court to seal the records 12 of all criminal proceedings, except traffic offenses, initiated against the person, and all 13 punishments assessed against the person, while the person was a minor. A petition 14 under this subsection may not be filed until five years after the completion of the 15 sentence imposed for the offense for which the person was tried as an adult or five 16 years after a disposition was entered for an offense for which the records were 17 made public under (g) of this section. If the superior court finds that its order has 18 had its intended rehabilitative effect and further finds that the person has fulfilled all 19 orders of the court entered under AS 47.12.120, the superior court shall order the 20 record of proceedings and the record of punishments sealed. Sealing the records 21 restores civil rights removed because of a conviction. A person may not use these 22 sealed records for any purpose except that the court may order their use for good cause 23 shown or may order their use by an officer of the court in making a presentencing 24 report for the court. The court may not, under this subsection, seal records of a 25 criminal proceeding 26 (1) initiated against a person if the court finds that the person has not 27 complied with a court order made under AS 47.12.120; or 28 (2) commenced under AS 47.12.030(a) unless the minor has been 29 acquitted of all offenses with which the minor was charged or unless the most serious 30 offense of which the minor was convicted was not an offense specified in 31 AS 47.12.030(a).

01 * Sec. 29. AS 47.12.300 is amended by adding new subsections to read: 02 (g) When a district attorney has elected to seek imposition of a dual sentence 03 and a petition has been filed under AS 47.12.065, or when a minor agrees as part of 04 a plea agreement to be subject to dual sentencing, all court records shall be open to 05 the public except for predisposition reports, psychiatric and psychological reports, and 06 other documents that the court orders to be kept confidential because the release of the 07 documents could be harmful to the minor or could violate the constitutional rights of 08 the victim or other persons. 09 (h) A person who discloses confidential information in violation of this section 10 is guilty of a class B misdemeanor. 11 * Sec. 30. AS 47.12.310(b) is amended to read: 12 (b) A state or municipal agency or employee 13 (1) shall disclose information regarding a case to a state or 14 municipal law enforcement agency for a specific investigation being conducted by 15 that agency; and 16 (2) may disclose information regarding a case to 17 (A) [(1)] a guardian ad litem appointed by the court or to a 18 citizen review panel for permanency planning authorized by AS 47.14.200 - 19 47.14.220; 20 (B) [(2)] a person or an agency requested to provide 21 consultation or services for a minor who is subject to the jurisdiction of the 22 court under this chapter; 23 (C) [(3)] school officials as may be necessary to protect the 24 safety of school students and staff; 25 (D) [(4)] a governmental agency as may be necessary to obtain 26 that agency's assistance for the department in its investigation or to obtain 27 physical custody of a minor; 28 (E) [(5)] a state or municipal law enforcement agency as may 29 be necessary [FOR A SPECIFIC INVESTIGATION BEING CONDUCTED 30 BY THAT AGENCY OR] for disclosures by that agency to protect the public 31 safety; and

01 (F) [(6)] a victim or to the victim's insurance company as 02 may be necessary to inform the victim or the insurance company about the 03 arrest of the minor, an investigation regarding a case involving the minor, 04 or the disposition or resolution of a case involving a minor. 05 * Sec. 31. AS 47.12.310(g) is amended to read: 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)(2)(C) [(b)(3)] and (c)(3) of this section. The 09 procedures must provide a method for informing the principal or the principal's 10 designee of the school the student attends as soon as it is reasonably practicable. 11 * Sec. 32. AS 47.12.320(a) is amended to read: 12 (a) Notwithstanding AS 47.12.300 and 47.12.310, 13 (1) a parent or legal guardian of a minor subject to a proceeding under 14 this chapter may disclose confidential or privileged information about the minor, 15 including information that has been lawfully obtained from agency or court files, to 16 the governor, the lieutenant governor, a legislator, the ombudsman appointed under 17 AS 24.55, the attorney general, and the commissioners of health and social services, 18 administration, or public safety, or an employee of these persons, for review or use in 19 their official capacities; 20 (2) the department may disclose confidential or privileged 21 information about the minor and make available for inspection documents about 22 the minor to the state officials or employees identified in (1) of this subsection for 23 review or use in their official capacities; and 24 (3) a [. A] person to whom disclosure is made under (1) or (2) of this 25 subsection [SECTION] may not disclose confidential or privileged information about 26 the minor to a person not authorized to receive it. 27 * Sec. 33. AS 47.12.320(b) is amended to read: 28 (b) The disclosure right under (a)(1) [(a)] of this section is in addition to, and 29 not in derogation of, the rights of a parent or legal guardian of a minor. 30 * Sec. 34. AS 47.12 is amended by adding a new section to read: 31 Sec. 47.12.988. Implementation of provisions by an entity selected by

01 department. In this chapter, when authority exercised by the department may also be 02 exercised by an entity selected by the department, the entity that the department may 03 select in order to exercise authority is limited to 04 (1) a municipality; or 05 (2) a nonprofit corporation. 06 * Sec. 35. AS 47.15.010 is amended by adding a new article to read: 07 ARTICLE XVII 08 RENDITION 09 (a) This article shall provide additional remedies and shall be binding only 10 between those party states which specifically execute it. 11 (b) All provisions and procedures of articles V and VI of the Interstate 12 Compact on Juveniles shall be construed to apply to any juvenile charged with being 13 a delinquent by reason of a violation of any criminal law. Any juvenile charged with 14 being a delinquent by reason of violating any criminal law shall be returned to the 15 requesting state upon a requisition to the state where the juvenile may be found. A 16 petition in such a case shall be filed in a court of competent jurisdiction in the 17 requesting state where the violation of criminal law is alleged to have been committed. 18 The petition may be filed regardless of whether the juvenile has left the state before 19 or after filing of the petition. The requisition described in article V of the compact 20 shall be forwarded by the judge of the court in which the petition has been filed. 21 * Sec. 36. AS 47.12.110(d), added by sec. 14 of this Act, has the effect of changing 22 Rules 3 and 21, Alaska Delinquency Rules, by reversing the presumption that the public shall 23 be excluded from hearings involving minors. 24 * Sec. 37. The provisions of AS 47.12.300(g), added by sec. 29 of this Act, have the effect 25 of changing Rule 27, Alaska Delinquency Rules, by making court records for certain juvenile 26 proceedings public documents in specified circumstances. 27 * Sec. 38. Rules 6 and 7, Alaska Delinquency Rules, are repealed. 28 * Sec. 39. AS 47.12.110(c) is repealed. 29 * Sec. 40. APPLICABILITY OF SECTIONS 1 - 34. Sections 1 - 34 of this Act apply to 30 all offenses committed on or after the effective date of this Act. 31 * Sec. 41. SCOPE AND APPLICABILITY OF SECTION 35. The juvenile rendition

01 amendment to the Interstate Compact on Juveniles is hereby enacted into law by sec. 35 of 02 this Act and entered into by this state with all other states legally joining therein in the form 03 substantially as set out in sec. 35 of this Act. Section 35 of this Act applies to offenses 04 committed before, on, or after the effective date of this Act. 05 * Sec. 42. This Act takes effect July 1, 1997.