CSSB 154(JUD): "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for an effective date."
00 CS FOR SENATE BILL NO. 154(JUD) 01 "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to 02 telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 03 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for 04 an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.12.020 is amended by adding a new subsection to read: 07 (b) Except as otherwise provided in this chapter, proceedings relating to a 08 person who is 18 years of age or over are governed by this chapter if the person is 09 alleged to have committed a violation of the criminal law of the state or a municipality 10 of the state, the violation occurred when the person was under 18 years of age, and the 11 period of limitation under AS 12.10 has not expired. 12 * Sec. 2. AS 47.12 is amended by adding new sections to read: 13 Sec. 47.12.022. Applicability; inclusion of certain persons as minors. 14 Except as provided in AS 47.12.025, the provisions of this chapter apply to a person
01 who is 18 years of age or older and who is subject to the jurisdiction of this chapter 02 due solely to AS 47.12.020(b). To implement AS 47.12.020(b) and this section, the 03 term "minor" as used in this chapter includes a person described in this section. 04 Sec. 47.12.025. Special provisions for certain persons considered to be 05 minors. (a) Notwithstanding any other provision of law, the following special 06 provisions apply to a person who is subject to the jurisdiction of this chapter due 07 solely to AS 47.12.020(b): 08 (1) a petition filed under AS 47.12.040(b) must be styled as follows: 09 "In the matter of . . . . . . . . . . . . . . . . . . . . ., a person under the jurisdiction of this 10 chapter under AS 47.12.020(b)"; the petition may not state the name of a parent, 11 guardian, or other person; 12 (2) notice of an investigation, adjustment, hearing, or other procedure 13 under this chapter to a parent, guardian, or foster parent is not required; 14 (3) participation by a parent, guardian, or foster parent in any part of 15 the investigation, adjustment, hearing, or other procedure under this chapter is not 16 required; 17 (4) agreement or consent by a parent or guardian to the terms and 18 conditions of an informal adjustment under AS 47.12.060 is not required; 19 (5) an opportunity for a foster parent to be heard before informal 20 adjustment under AS 47.12.060 is not required; 21 (6) the presence of a parent or guardian is not required, and the person 22 does not have a right to have a parent or guardian present at an interview conducted 23 during an investigation under this chapter; 24 (7) after a petition is filed and after further investigation that the court 25 directs, if the person has not appeared voluntarily for proceedings under this chapter, 26 the court may issue a summons or an arrest warrant for the person; 27 (8) a person who is taken into custody under this chapter may, in the 28 discretion of the court and upon written promise to appear in court at the time 29 specified by the court, be released; if not released, the person shall be detained under 30 the provisions of (b) of this section; 31 (9) consent of a parent or guardian to waiver of the right to appointed
01 counsel or a guardian ad litem under AS 47.12.090 is not required; 02 (10) the appointment of a guardian ad litem under AS 47.12.090 is not 03 required; the court may appoint a guardian ad litem under AS 47.12.090 only if special 04 circumstances exist concerning the mental or physical capacity of the person who is 05 named in the petition under (1) of this section; 06 (11) an order under AS 47.12.120(b) to release the person to a parent, 07 guardian, or other person must be with the consent of the parent, guardian, or other 08 person; a parent, guardian, or other person who consents does not assume any of the 09 responsibilities described in AS 47.12.150 or retain any residual rights or 10 responsibilities described in AS 47.12.150; 11 (12) a person released under AS 47.12.120(c) shall be released without 12 conditions; 13 (13) a parent, guardian, or custodian may not apply for a review under 14 AS 47.12.120(d); notice to a parent, guardian, custodian, or foster parent of a review 15 under AS 47.12.120(a) is not required; a parent, guardian, custodian, or foster parent 16 does not have a right to be heard at the review under AS 47.12.120(d); 17 (14) the person's parent or guardian may not file an appeal under 18 AS 47.12.120(f); 19 (15) notice of the predisposition report under AS 47.12.130(b) to the 20 person's parent or guardian is not required; 21 (16) unless part of a conditional release plan agreed to by a parent or 22 guardian, a parent or guardian of the person may not be ordered to participate in or pay 23 for treatment under AS 47.12.155(b)(1), (c), or (d) or to notify the department if the 24 person violates a term or condition of a court order under AS 47.12.155(b)(2); 25 (17) an application to extend jurisdiction under AS 47.12.160(a) may 26 not be made by a parent or guardian; 27 (18) the court may not order the parent of the person to pay for 28 maintenance or care of the person under AS 47.12.230; 29 (19) the name of a parent or guardian of the person is not required to 30 be disclosed in connection with the filing of a petition or informal adjustment under 31 AS 47.12.315.
01 (b) At a hearing under AS 47.12.250(c) regarding a person who is subject to 02 the jurisdiction of this chapter due solely to AS 47.12.020(b), if the court finds that 03 probable cause exists, the court shall determine whether the person should be detained 04 pending the hearing on the petition or released. The court may either order the person 05 detained as provided in (c) of this section or released under the provisions of AS 12.30 06 as if the provisions of AS 12.30 were to apply to proceedings under this chapter. If the 07 court finds no probable cause, the court shall order the person released and close the 08 proceeding. 09 (c) If a person who is subject to the jurisdiction of this chapter due solely to 10 AS 47.12.020(b) has been arrested by a peace officer or a probation officer under 11 AS 47.12.245, detained under AS 47.12.250, or committed to the custody or 12 supervision of the department under AS 47.12.120(b) or 47.12.240, the department, 13 after consulting the peace officer or probation officer if appropriate, shall make 14 arrangements for the detention, placement, or supervision of the person. In the 15 discretion of the department, the person may be detained or placed in a juvenile 16 facility or in an adult correctional facility. 17 * Sec. 3. AS 47.12.065(a) is amended to read: 18 (a) The department or the entity selected by it may refer to the appropriate 19 district attorney the circumstances involving a minor who is subject to the provisions 20 of this section because the minor is alleged to have violated a criminal law of the state. 21 Except as provided in (d) of this section, the [THE] department or the entity selected 22 by it may make the referral if the minor was 16 years of age or older at the time of the 23 offense, and the offense is 24 (1) a felony that is a crime against a person and the minor has 25 previously been adjudicated a delinquent under the laws of this state or substantially 26 similar laws of another jurisdiction for a felony offense that is a crime against a 27 person; or 28 (2) sexual abuse of a minor in the second degree. 29 * Sec. 4. AS 47.12.065 is amended by adding a new subsection to read: 30 (d) The department or the entity selected by it may refer to the appropriate 31 district attorney a person who is subject to the jurisdiction of this chapter under
01 AS 47.12.020(b) and who is alleged to have committed a felony or other offense. If 02 the district attorney elects to seek imposition of a dual sentence in the matter, the 03 district attorney shall file notice of that election. If the alleged crime is a 04 misdemeanor, the district attorney shall file a delinquency petition. If the alleged 05 crime is a felony, the district attorney shall follow the procedure set out in (b) of this 06 section. 07 * Sec. 5. AS 47.12.160(a) is amended to read: 08 (a) Except as provided in (g) of this section, the [THE] court retains 09 jurisdiction over the case and may at any time stay execution, modify, set aside, 10 revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its 11 power of protection over the minor and for the minor's best interest, for a period of 12 time not to exceed the maximum period otherwise permitted by law or in any event 13 extend past the day the minor becomes 19, unless sooner discharged by the court, 14 except that the department may apply for and the court may grant an additional one- 15 year [ONE- YEAR] period of supervision past age 19 if continued supervision is in 16 the best interests of the person and the person consents to it. An application for any of 17 these purposes may be made by the parent, guardian, or custodian acting in behalf of 18 the minor, or the court may, on its own motion, and after reasonable notice to 19 interested parties and the appropriate department, take action that it considers 20 appropriate. 21 * Sec. 6. AS 47.12.160(d) is amended to read: 22 (d) The department, or the district attorney in a matter subject to the 23 jurisdiction of this chapter under AS 47.12.020(b), may petition the court for 24 imposition of sentence pronounced under AS 47.12.120(j)(2) if the offender is still 25 subject to the jurisdiction of the court and if the offender, after pronouncement of 26 sentence under AS 47.12.120(j)(2), 27 (1) commits a subsequent felony offense; 28 (2) commits a subsequent offense against a person that is a 29 misdemeanor and involves injury to a person or the use of a deadly weapon; 30 (3) fails to comply with the terms of a restitution order; 31 (4) fails to engage in or satisfactorily complete a rehabilitation
01 program ordered by a court or required by a facility or juvenile probation officer; or 02 (5) escapes from a juvenile or other correctional facility. 03 * Sec. 7. AS 47.12.160 is amended by adding a new subsection to read: 04 (g) If the department has filed a delinquency petition under AS 47.12.020 and 05 47.12.040 regarding a minor who is 18 years of age or older, the court has jurisdiction 06 to adjudicate and dispose of the matter as provided in this chapter. 07 * Sec. 8. AS 47.14 is amended by adding a new section to read: 08 Sec. 47.14.025. Applicability; inclusions of certain persons as minors. The 09 provisions of AS 47.14.010 - 47.14.050 apply to a person who is 18 years of age or 10 older and who is subject to the jurisdiction of AS 47.12 due solely to AS 47.12.020(b). 11 To implement this section, the term "minor" as used in AS 47.14.010 - 47.14.050 12 includes a person described in this section. 13 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 3(e), Alaska Delinquency 16 Rules, is amended to read: 17 (e) Telephonic and Televised Participation. 18 (1) The juvenile has the right to be physically present in court for 19 arraignment, adjudication, disposition, probation revocation, extension of 20 jurisdiction, and waiver of jurisdiction hearings; however, the juvenile may 21 waive the right to be present. At all other hearings the court, upon application of 22 any party, may allow telephonic participation by the juvenile if the juvenile's 23 personal appearance is not essential to the fair disposition of the matter. The [. 24 HOWEVER, THE] court has discretion to allow telephonic participation by other 25 parties. The juvenile's waiver of the right to be physically present may be obtained 26 orally on the record or in writing. 27 (2) The court may allow telephonic participation of witnesses only 28 upon stipulation of the juvenile and the Department, except that the court may allow 29 telephonic participation of witnesses without the consent of the parties at disposition, 30 disposition review or temporary detention hearings. 31 (3) In those court locations in which a television system has been
01 approved by the supreme court and has been installed, juveniles in custody may 02 appear by way of television with the consent of the juvenile and with the approval of 03 the court for hearings in which the juvenile has a right to be physically present 04 under (1) of this section. If the court has allowed telephonic participation by the 05 juvenile in a hearing, participation may also be by television. Appearance by 06 television or telephone shall not be allowed at adjudication trials or at any hearings in 07 which sworn testimony is to be presented. 08 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 INDIRECT COURT RULE CHANGE. The changes made by secs. 1 - 8 of this Act 11 have the effect of amending the following Alaska Delinquency Rules by requiring the court to 12 conform the rules to the statutory changes to acknowledge the inclusion of certain persons 18 13 years of age or over as minors under AS 47.12 and AS 47.14 and to acknowledge the special 14 statutory provisions contained in secs. 1 - 8 of this Act applicable to those persons: 15 (1) Rule 2(n), Alaska Delinquency Rules; 16 (2) Rule 3(b), Alaska Delinquency Rules; 17 (3) Rule 3(c), Alaska Delinquency Rules; 18 (4) Rule 4(f)(3), Alaska Delinquency Rules; 19 (5) Rule 8(b), Alaska Delinquency Rules; 20 (6) Rule 8(c), Alaska Delinquency Rules; 21 (7) Rule 12(b), Alaska Delinquency Rules; 22 (8) Rule 12(c), Alaska Delinquency Rules; 23 (9) Rule 12(d), Alaska Delinquency Rules; 24 (10) Rule 12(e), Alaska Delinquency Rules; 25 (11) Rule 13, Alaska Delinquency Rules; 26 (12) Rule 14(b), Alaska Delinquency Rules; 27 (13) Rule 15(a), Alaska Delinquency Rules; 28 (14) Rule 16(a), Alaska Delinquency Rules; 29 (15) Rule 16(b), Alaska Delinquency Rules; 30 (16) Rule 21(g), Alaska Delinquency Rules; 31 (17) Rule 22(c), Alaska Delinquency Rules;
01 (18) Rule 23(b), Alaska Delinquency Rules; 02 (19) Rule 24.1(d), Alaska Delinquency Rules; 03 (20) Rule 25(b), Alaska Delinquency Rules; 04 (21) Rule 25(c)(4), Alaska Delinquency Rules. 05 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. (a) Sections 1 - 8 of this Act apply to offenses committed on or 08 after the effective date of this Act. 09 (b) Section 9 of this Act applies to telephonic and televised participation for court 10 proceedings conducted on or after the effective date of this Act, regardless of whether the 11 offense occurred before, on, or after the effective date of this Act. 12 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 CONDITIONAL EFFECT. Sections 1 - 8 of this Act take effect only if sec. 10 of this 15 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 16 Constitution of the State of Alaska. 17 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 CONDITIONAL EFFECT. Section 9 of this Act takes effect only if sec. 9 of this Act 20 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 21 of the State of Alaska. 22 * Sec. 14. If, under secs. 12 and 13 of this Act, this Act takes effect, it takes effect July 1, 23 2005.