HB 351: "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; relating to adjudication of minor delinquency and the deoxyribonucleic acid identification registration system; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; repealing a requirement for administrative revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain a license for consumption or possession of alcohol or drugs; and providing for an effective date."
00 HOUSE BILL NO. 351 01 "An Act relating to care of juveniles and to juvenile justice; relating to employment of 02 juvenile probation officers by the Department of Health and Social Services; relating to 03 terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; 04 relating to adjudication of minor delinquency and the deoxyribonucleic acid 05 identification registration system; relating to sexual assault in the third degree; relating 06 to sexual assault in the fourth degree; repealing a requirement for administrative 07 revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain 08 a license for consumption or possession of alcohol or drugs; and providing for an 09 effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 09.65.255(b) is amended to read: 12 (b) A state agency or its agents, including a person working in or responsible
01 for the operation of a foster home, as defined in AS 47.32.900, juvenile treatment 02 facility, juvenile detention facility [, RECEIVING, OR DETENTION HOME], or 03 treatment [CHILDREN'S] institution, is not liable for the acts of unemancipated 04 minors in its charge or custody. A state agency or an agent of a state agency, including 05 a nonprofit corporation that designates shelters for runaways under AS 47.10.392 - 06 47.10.399 and employees of or volunteers with that corporation, is not liable for the 07 acts of a minor sheltered in a shelter for runaways, as defined in AS 47.10.399. In this 08 subsection, "juvenile treatment facility" and "juvenile detention facility" have 09 the meanings given in AS 47.12.990 and "treatment institution" has the meaning 10 given in AS 47.14.990. 11 * Sec. 2. AS 11.41.425(b)(1) is amended to read: 12 (1) "juvenile facility staff" means a person employed in a juvenile 13 detention facility or juvenile treatment facility as those terms are defined in 14 AS 47.12.990; 15 * Sec. 3. AS 11.41.425(b)(2) is amended to read: 16 (2) "juvenile probation officer" has the meaning given in 17 AS 47.12.990 [MEANS A PERSON ASSIGNED TO SUPERVISE ANOTHER 18 PERSON 18 OR 19 YEARS OF AGE WHO IS COMMITTED TO THE 19 PROBATIONARY SUPERVISION OF THE DEPARTMENT OF HEALTH AND 20 SOCIAL SERVICES]; 21 * Sec. 4. AS 11.41.427(b)(2) is amended to read: 22 (2) "juvenile probation officer" has the meaning given in AS 47.12.990 23 [AS 11.41.425]; 24 * Sec. 5. AS 11.41.470(3) is amended to read: 25 (3) "legal guardian" means a person who is under a duty to exercise 26 general supervision over a minor or other person committed to the custody of the 27 Department of Health and Social Services under AS 47.10 or AS 47.12 as a result of a 28 court order, statute, or regulation, and includes Department of Health and Social 29 Services employees, foster parents, and staff members and other employees of 30 treatment institutions, group homes, or youth facilities where the minor or other 31 person is placed as a result of a court order or the action of the Department of Health
01 and Social Services, and police officers, juvenile and adult probation officers, and 02 social workers when those persons are exercising custodial control over a minor or 03 other person; 04 * Sec. 6. AS 11.41.470(5) is amended to read: 05 (5) "position of authority" means an employer, youth leader, scout 06 leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, 07 psychologist, guardian ad litem, babysitter, or a substantially similar position, and a 08 police officer, correctional employee, juvenile facility staff, staff member of a 09 treatment institution, or juvenile or adult probation officer other than when the 10 officer or staff member is exercising custodial control over a minor; 11 * Sec. 7. AS 11.41.470 is amended by adding new paragraphs to read: 12 (9) "juvenile facility staff" has the meaning given in AS 11.41.425(b); 13 (10) "treatment institution" has the meaning given in AS 47.14.990. 14 * Sec. 8. AS 11.56.760(a) is amended to read: 15 (a) A person commits the crime of violating an order to submit to DNA testing 16 if, when requested by a health care professional acting on behalf of the state to provide 17 a blood sample, oral sample, or both, or when requested by a juvenile or adult 18 correctional, probation, or parole officer or a peace officer to provide an oral sample, 19 the person refuses to provide the sample or samples and the person 20 (1) has been ordered to submit to DNA testing as part of a sentence 21 imposed under AS 12.55.015; 22 (2) has been convicted of or adjudicated delinquent for an offense 23 that requires DNA testing under the provisions of AS 44.41.035; or 24 (3) is required to register as a sex offender or child kidnapper under 25 AS 12.63. 26 * Sec. 9. AS 11.61.123(e) is amended to read: 27 (e) In this section, 28 (1) "picture" means a film, photograph, negative, slide, book, 29 newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and 30 (2) "private exposure" means that a person has exposed the person's 31 body or part of the body in a place, and under circumstances, that the person
01 reasonably believed would not result in the person's body or body parts being (A) 02 viewed by the defendant; or (B) produced in a picture; "private exposure" does not 03 include the exposure of a person's body or body parts in a law enforcement facility, 04 correctional facility, treatment institution, designated treatment facility, juvenile 05 treatment facility, or a juvenile detention facility; in this paragraph, "correctional 06 facility" has the meaning given in AS 33.30.901, "designated treatment facility" has 07 the meaning given in AS 47.30.915, [AND] "juvenile detention facility" and 08 "juvenile treatment facility" have [HAS] the meanings [MEANING] given in 09 AS 47.12.990; and "treatment institution" has the meaning given in AS 47.14.990. 10 * Sec. 10. AS 14.07.020(a) is amended to read: 11 (a) The department shall 12 (1) exercise general supervision over the public schools of the state 13 except the University of Alaska; 14 (2) study the conditions and needs of the public schools of the state, 15 adopt or recommend plans, administer and evaluate grants to improve school 16 performance awarded under AS 14.03.125, and adopt regulations for the improvement 17 of the public schools; the department may consult with the University of Alaska to 18 develop secondary education requirements to improve student achievement in college 19 preparatory courses; 20 (3) provide advisory and consultative services to all public school 21 governing bodies and personnel; 22 (4) prescribe by regulation a minimum course of study for the public 23 schools; the regulations must provide that, if a course in American Sign Language is 24 given, the course shall be given credit as a course in a foreign language; 25 (5) establish, in coordination with the Department of Health and Social 26 Services, a program for the continuing education of children who are held in juvenile 27 detention facilities or juvenile treatment facilities, as those terms are defined in 28 AS 47.12.990, in the state during the period of detention or treatment; 29 (6) accredit those public schools that meet accreditation standards 30 prescribed by regulation by the department; these regulations shall be adopted by the 31 department and presented to the legislature during the first 10 days of any regular
01 session, and become effective 45 days after presentation or at the end of the session, 02 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 03 the members of each house; 04 (7) prescribe by regulation, after consultation with the state fire 05 marshal and the state sanitarian, standards that will ensure healthful and safe 06 conditions in the public and private schools of the state, including a requirement of 07 physical examinations and immunizations in pre-elementary schools; the standards for 08 private schools may not be more stringent than those for public schools; 09 (8) exercise general supervision over pre-elementary schools that 10 receive direct state or federal funding; 11 (9) exercise general supervision over elementary and secondary 12 correspondence study programs offered by municipal school districts or regional 13 educational attendance areas; the department may also offer and make available to any 14 Alaskan through a centralized office a correspondence study program; 15 (10) accredit private schools that request accreditation and that meet 16 accreditation standards prescribed by regulation by the department; nothing in this 17 paragraph authorizes the department to require religious or other private schools to be 18 licensed; 19 (11) review plans for construction of new public elementary and 20 secondary schools and for additions to and major rehabilitation of existing public 21 elementary and secondary schools and, in accordance with regulations adopted by the 22 department, determine and approve the extent of eligibility for state aid of a school 23 construction or major maintenance project; for the purposes of this paragraph, "plans" 24 include educational specifications, schematic designs, projected energy consumption 25 and costs, and final contract documents; 26 (12) provide educational opportunities in the areas of vocational 27 education and training, and basic education to individuals over 16 years of age who 28 are no longer attending school; the department may consult with businesses and labor 29 unions to develop a program to prepare students for apprenticeships or internships that 30 will lead to employment opportunities; 31 (13) administer the grants awarded under AS 14.11;
01 (14) establish, in coordination with the Department of Public Safety, a 02 school bus driver training course; 03 (15) require the reporting of information relating to school disciplinary 04 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 05 behavior; 06 (16) establish by regulation criteria, based on low student performance, 07 under which the department may intervene in a school district to improve instructional 08 practices, as described in AS 14.07.030(14) or (15); the regulations must include 09 (A) a notice provision that alerts the district to the deficiencies 10 and the instructional practice changes proposed by the department; 11 (B) an end date for departmental intervention, as described in 12 AS 14.07.030(14)(A) and (B) and (15), after the district demonstrates three 13 consecutive years of improvement consisting of not less than two percent 14 increases in student proficiency on standards-based assessments in language 15 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 16 (C) a process for districts to petition the department for 17 continuing or discontinuing the department's intervention; 18 (17) notify the legislative committees having jurisdiction over 19 education before intervening in a school district under AS 14.07.030(14) or redirecting 20 public school funding under AS 14.07.030(15). 21 * Sec. 11. AS 14.30.186(a) is amended to read: 22 (a) Special education and related services shall be provided by 23 (1) a borough or city school district for a child with a disability 24 residing within the district; 25 (2) the board of a regional educational attendance area operating a 26 school in the area for a child with a disability residing in the area served by the school; 27 (3) the borough, city school district, or regional educational attendance 28 area in which a treatment institution, as that term is defined in AS 47.14.990, 29 juvenile detention facility or juvenile treatment facility, as those terms are defined 30 in AS 47.12.990, or a correctional [OR YOUTH DETENTION] facility is located for 31 a child with a disability placed at the facility;
01 (4) a state boarding school established under AS 14.16 for a child with 02 a disability enrolled at a state boarding school; or 03 (5) a school district that provides a statewide correspondence study 04 program for a child with a disability who is enrolled in the program. 05 * Sec. 12. AS 17.37.070(6) is amended to read: 06 (6) "facility monitored by the department or the Department of 07 Administration" means an institution, building, office, or home operated by the 08 department or the Department of Administration, funded by the department or the 09 Department of Administration, under contract with the department or the Department 10 of Administration, inspected by the department or the Department of Administration, 11 designated by the department or the Department of Administration, or licensed by the 12 department or the Department of Administration, for the care of 13 (A) juveniles; for the purposes of this subparagraph, 14 "institution" includes a foster home and a group home, and a juvenile detention 15 facility [, A JUVENILE DETENTION HOME, A JUVENILE WORK 16 CAMP,] and a juvenile treatment facility, as those terms are defined in 17 AS 47.12.990; 18 (B) the elderly; for the purposes of this subparagraph, 19 "institution" includes 20 (i) an assisted living home as defined in AS 47.33.990; 21 and 22 (ii) the Alaska Pioneers' Home or the Alaska Veterans' 23 Home, operated under AS 47.55; 24 (C) the mentally ill; for the purposes of this subparagraph, 25 "institution" includes a designated treatment facility and an evaluation facility, 26 as those terms are defined in AS 47.30.915; 27 * Sec. 13. AS 18.20.499(2) is amended to read: 28 (2) "health care facility" means a private, municipal, or state hospital; 29 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 30 facility; kidney disease treatment center, including freestanding hemodialysis units; 31 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or
01 Alaska Veterans' Home administered by the Department of Health and Social Services 02 under AS 47.55; correctional facility owned or administered by the state; private, 03 municipal, or state facility employing one or more public health nurses; long-term care 04 facility; psychiatric hospital; residential psychiatric treatment center, as defined in 05 AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under 06 AS 47.12.990; a juvenile detention facility [; JUVENILE DETENTION HOME, 07 JUVENILE WORK CAMP,] or juvenile treatment facility, as those terms are 08 defined in AS 47.12.990; or a treatment institution as that term is defined in 09 AS 47.14.990; 10 * Sec. 14. AS 47.10.141(c) is amended to read: 11 (c) A minor may be taken into emergency protective custody by a peace 12 officer and placed into temporary detention in a juvenile detention facility [HOME] in 13 the local community if there has been an order issued by a court under a finding of 14 probable cause that (1) the minor is a runaway in wilful violation of a valid court order 15 issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or 16 47.12.250(d), (2) the minor's current situation poses a severe and imminent risk to the 17 minor's life or safety, and (3) no reasonable placement alternative exists within the 18 community. A minor detained under this subsection shall be brought before a court on 19 the day the minor is detained, or if that is not possible, within 24 hours after the 20 detention for a hearing to determine the most appropriate placement in the best 21 interests of the minor. A minor taken into emergency protective custody under this 22 subsection may not be detained for more than 24 hours, except as provided under 23 AS 47.12.250. Emergency protective custody may not include placement of a minor in 24 an adult correctional facility, an adult [A] jail or a temporary secure juvenile 25 holding area [SECURE FACILITY OTHER THAN A JUVENILE DETENTION 26 HOME], nor may an order for protective custody be enforced against a minor who is 27 residing in a licensed program for runaway minors, as defined in AS 47.10.390. 28 * Sec. 15. AS 47.10.141(j) is amended by adding a new paragraph to read: 29 (3) "temporary secure juvenile holding area" has the meaning given in 30 AS 47.12.990. 31 * Sec. 16. AS 47.10.990(20) is amended to read:
01 (20) "juvenile detention facility [HOME]" has the meaning given in 02 AS 47.12.990 [IS A SEPARATE ESTABLISHMENT, EXCLUSIVELY DEVOTED 03 TO THE DETENTION OF MINORS ON A SHORT-TERM BASIS AND NOT A 04 PART OF AN ADULT JAIL]; 05 * Sec. 17. AS 47.12.025(c) is amended to read: 06 (c) If a person who is subject to the jurisdiction of this chapter due solely to 07 AS 47.12.020(b) has been arrested by a peace officer or a juvenile probation officer 08 under AS 47.12.245, detained under AS 47.12.250, or committed to the custody or 09 supervision of the department under AS 47.12.120(b) or 47.12.240, the department, 10 after consulting the peace officer or juvenile probation officer if appropriate, shall 11 make arrangements for the detention, placement, or supervision of the person. In the 12 discretion of the department, the person may be detained or placed in a juvenile 13 detention facility, juvenile treatment facility, temporary secure juvenile holding 14 area, or in an adult correctional facility. 15 * Sec. 18. AS 47.12.120(b) is amended to read: 16 (b) If the minor is not subject to (j) of this section and the court finds that the 17 minor is delinquent, it shall 18 (1) order the minor committed to the department for a period of time 19 not to exceed two years or in any event extend past the day the minor becomes 19 20 years of age, except that the department may petition for and the court may grant in a 21 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 22 19th birthday if the extension is in the best interests of the minor and the public; and 23 (B) an additional one-year period of supervision past age 19 if continued supervision 24 is in the best interests of the person and the person consents to it; the department shall 25 place the minor in the juvenile facility that the department considers appropriate and 26 that may include a juvenile [CORRECTIONAL SCHOOL, JUVENILE WORK 27 CAMP,] treatment facility, juvenile [DETENTION HOME, OR] detention facility, or 28 secure residential psychiatric treatment center; the minor may be released from 29 placement or detention and placed on probation on order of the court and may also be 30 released by the department, in its discretion, under AS 47.12.260; 31 (2) order the minor placed on probation, to be supervised by the
01 department, and released to the minor's parents, guardian, or a suitable person; if the 02 court orders the minor placed on probation, it may specify the terms and conditions of 03 probation; the probation may be for a period of time not to exceed two years and in no 04 event to extend past the day the minor becomes 19 years of age, except that the 05 department may petition for and the court may grant in a hearing 06 (A) two-year extensions of supervision that do not extend 07 beyond the minor's 19th birthday if the extension is in the best interests of the 08 minor and the public; and 09 (B) an additional one-year period of supervision past age 19 if 10 the continued supervision is in the best interests of the person and the person 11 consents to it; 12 (3) order the minor committed to the custody of the department and 13 placed on probation, to be supervised by the department and released to the minor's 14 parents, guardian, other suitable person, or suitable nondetention setting such as with a 15 relative or in a foster home or residential child care facility, whichever the department 16 considers appropriate to implement the treatment plan of the predisposition report; if 17 the court orders the minor placed on probation, it may specify the terms and conditions 18 of probation; the department may transfer the minor, in the minor's best interests, from 19 one of the probationary placement settings listed in this paragraph to another, and the 20 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 21 attorney are entitled to reasonable notice of the transfer; the probation may be for a 22 period of time not to exceed two years and in no event to extend past the day the 23 minor becomes 19 years of age, except that the department may petition for and the 24 court may grant in a hearing 25 (A) two-year extensions of commitment that do not extend 26 beyond the minor's 19th birthday if the extension is in the best interests of the 27 minor and the public; and 28 (B) an additional one-year period of supervision past age 19 if 29 the continued supervision is in the best interests of the person and the person 30 consents to it; 31 (4) order the minor and the minor's parent to make suitable restitution
01 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 02 under this paragraph, 03 (A) except as provided in (B) of this paragraph, the court may 04 not refuse to make an order of restitution to benefit the victim of the act of the 05 minor that is the basis of the delinquency adjudication; under this 06 subparagraph, the court may require the minor to use the services of a 07 community dispute resolution center that has been recognized by the 08 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 09 and the victim of the minor's offense as to the amount of or manner of payment 10 of the restitution; 11 (B) the court may not order payment of restitution by the parent 12 of a minor who is a runaway or missing minor for an act of the minor that was 13 committed by the minor after the parent has made a report to a law 14 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 15 away or is missing; for purposes of this subparagraph, "runaway or missing 16 minor" means a minor who a parent reasonably believes is absent from the 17 minor's residence for the purpose of evading the parent or who is otherwise 18 missing from the minor's usual place of abode without the consent of the 19 parent; and 20 (C) at the request of the department, the Department of Law, 21 the victims' advocate, or on its own motion, the court shall, at any time, order 22 the minor and the minor's parent, if applicable, to submit financial information 23 on a form approved by the Alaska Court System to the court, the department, 24 and the Department of Law for the purpose of establishing the amount of 25 restitution or enforcing an order of restitution under AS 47.12.170; the form 26 must include a warning that submission of incomplete or inaccurate 27 information is punishable as unsworn falsification in the second degree under 28 AS 11.56.210; 29 (5) order the minor committed to the department for placement in an 30 adventure-based education program established under AS 47.21.020 with conditions 31 the court considers appropriate concerning release upon satisfactory completion of the
01 program or commitment under (1) of this subsection if the program is not satisfactorily 02 completed; 03 (6) in addition to an order under (1) - (5) of this subsection, order the 04 minor to perform community service; for purposes of this paragraph, "community 05 service" includes work 06 (A) on a project identified in AS 33.30.901; or 07 (B) that, on the recommendation of the city council or 08 traditional village council, would benefit persons within the city or village who 09 are elderly or disabled; or 10 (7) in addition to an order under (1) - (6) of this subsection, order the 11 minor's parent or guardian to comply with orders made under AS 47.12.155, including 12 participation in treatment under AS 47.12.155(b)(1). 13 * Sec. 19. AS 47.12.120 is amended by adding a new subsection to read: 14 (l) The court shall order a minor who is adjudicated as a delinquent in this 15 state for an act committed when the minor was 16 years of age or older that would be 16 a crime against a person or a felony under AS 11 or AS 28.35 if committed by an adult 17 or for an act that would violate a law or ordinance with elements similar to a crime 18 against a person or a felony under AS 11 or AS 28.35 if committed by an adult to 19 submit to the collection of a blood sample, oral sample, or both for the 20 deoxyribonucleic acid identification registration system under AS 44.41.035. The 21 minor shall submit to the collection of 22 (1) the sample or samples when requested by a health care professional 23 acting on behalf of the state to provide the sample or samples; or 24 (2) an oral sample when requested by a juvenile probation officer, 25 juvenile facility staff, or peace officer. 26 * Sec. 20. AS 47.12.240(a) is amended to read: 27 (a) When the court commits a minor to the custody of the department, the 28 department shall arrange to place the minor in a juvenile detention facility 29 [DETENTION HOME, WORK CAMP,] or another suitable place that the department 30 designates for that purpose. Except under the conditions described in [WHEN 31 DETENTION IN A CORRECTIONAL FACILITY IS AUTHORIZED BY] (c) of this
01 section, the minor may not be detained [INCARCERATED] in a correctional facility 02 that houses adult prisoners. 03 * Sec. 21. AS 47.12.240(c) is amended to read: 04 (c) Notwithstanding (a) of this section, a minor may be detained 05 [INCARCERATED] in an adult [A] correctional facility, an adult jail, or a 06 temporary secure juvenile holding area only if the minor is not in sight or sound 07 of adult prisoners, and one of the following applies: 08 (1) [IF] the minor is the subject of a petition filed with the court under 09 this chapter seeking adjudication of the minor as a delinquent minor or [IF] the minor 10 is detained or in official detention pending the filing of that petition; however, 11 detention in an adult [A] correctional facility, an adult jail, or a temporary secure 12 juvenile holding area under this paragraph may not exceed the lesser of 13 (A) six hours, except under the criteria listed in (e) of this 14 section; or 15 (B) the time necessary to arrange the minor's transportation to a 16 juvenile detention facility [HOME] or comparable facility for the detention of 17 minors; 18 (2) [IF,] in response to a petition of delinquency filed under this 19 chapter, the court has entered an order closing the case under AS 47.12.100(a), 20 allowing the minor to be prosecuted as an adult; or 21 (3) [IF] the minor is at least 16 years of age and the court has entered 22 an order under AS 47.12.160(e) imposing an adult sentence and transferring custody 23 of the minor to the Department of Corrections. 24 * Sec. 22. AS 47.12.245(b) is amended to read: 25 (b) A juvenile probation officer may arrest a minor if the juvenile probation 26 officer has probable cause to believe that the minor has violated conditions of the 27 minor's release or probation. 28 * Sec. 23. AS 47.12.250(a) is amended to read: 29 (a) A peace officer or a juvenile probation officer who has arrested, or a peace 30 officer who has continued the arrest of, a minor under AS 47.12.245 may 31 (1) have the minor detained in a juvenile detention facility or
01 temporary secure juvenile holding area if, in the opinion of the peace officer 02 making or continuing the arrest, it is necessary to do so to protect the minor or the 03 community; however, the department may direct that a minor who was arrested or 04 whose arrest was continued be released from detention before the hearing required by 05 (c) of this section; 06 (2) before taking the minor to a juvenile detention facility or 07 temporary secure juvenile holding area, release the minor to the minor's parents or 08 guardian if detention is not necessary to 09 (A) protect the minor or the community; or 10 (B) ensure the minor's attendance at subsequent court hearings. 11 * Sec. 24. AS 47.12.270 is repealed and reenacted to read: 12 Sec. 47.12.270. Juvenile probation officers. (a) The department shall 13 employ juvenile probation officers. A juvenile probation officer shall exercise the 14 duties of a probation officer and shall prepare preliminary investigations and assist and 15 advise the court in the furtherance of the welfare and control of a minor under the 16 court's jurisdiction. A juvenile probation officer shall also carry out other duties in the 17 care and treatment of minors that are consistent with the intent of this chapter. 18 (b) A juvenile probation officer has the powers of a peace officer with respect 19 to the service of process and arresting a minor when 20 (1) a court has issued an arrest warrant; 21 (2) there is probable cause to believe the minor has violated conditions 22 of release or probation; or 23 (3) probable cause exists for believing that the minor has escaped from 24 or unlawfully evaded a placement made under AS 47.12.120(b)(1). 25 * Sec. 25. AS 47.12.310(d) is amended to read: 26 (d) Upon request of a victim, the department shall make every reasonable 27 effort to notify the victim as soon as practicable, by telephone or in writing, when a 28 delinquent minor is to be released from placement [IN A JUVENILE FACILITY] 29 under AS 47.12.120(b)(1). The notice under this subsection must include the expected 30 date of the delinquent minor's release, the geographic area in which the delinquent 31 minor is required to reside, and other pertinent information concerning the delinquent
01 minor's conditions of release that may affect the victim. 02 * Sec. 26. AS 47.12.315(c) is amended to read: 03 (c) When required by this section to disclose information, the department may 04 disclose only the name of the minor, the name of each legal parent or guardian, the 05 specific offense for which the minor was adjudicated delinquent [ALLEGED TO 06 HAVE BEEN COMMITTED IN THE PETITION], and the final outcome of the court 07 proceedings relating to the offense. Before the disclosure, the department shall delete 08 the information that identifies the victim of the offense. 09 * Sec. 27. AS 47.12.990(7) is amended to read: 10 (7) "juvenile detention facility" means a secure facility [SEPARATE 11 QUARTERS WITHIN A CITY JAIL USED] for the detention of delinquent minors in 12 the custody of the department under AS 47.12.240 or 47.12.250; 13 * Sec. 28. AS 47.12.990(12) is amended to read: 14 (12) "minor" means a person who is 15 (A) under 18 years of age at the time the person commits an 16 offense; and 17 (B) subject to the jurisdiction of the court under this 18 chapter; 19 * Sec. 29. AS 47.12.990 is amended by adding new paragraphs to read: 20 (17) "juvenile probation officer" means an officer described in 21 AS 47.12.270; 22 (18) "juvenile treatment facility" means a secure facility for treatment 23 of minors adjudicated delinquent and committed by a court to the care and custody of 24 the department under AS 47.12.120(b)(1); 25 (19) "residential child care facility" has the meaning given in 26 AS 47.32.900; 27 (20) "temporary secure juvenile holding area" means separate quarters 28 that are used for the temporary detention of delinquent minors pending a court order or 29 transportation to a juvenile detention facility and that are not within sight or sound of 30 any adult prisoners. 31 * Sec. 30. AS 47.14.010 is amended to read:
01 Sec. 47.14.010. General powers of department over juvenile facilities and 02 institutions. The department may 03 (1) purchase, lease, or construct buildings or other facilities for the 04 care, detention, rehabilitation, and education of children in need of aid or delinquent 05 minors; 06 (2) adopt plans for construction of juvenile detention facilities 07 [HOMES, JUVENILE WORK CAMPS], juvenile treatment [DETENTION] 08 facilities, and other juvenile institutions; 09 (3) adopt standards and regulations for the design, construction, repair, 10 maintenance, and operation of all juvenile detention facilities, juvenile treatment 11 [HOMES, WORK CAMPS,] facilities, and institutions; 12 (4) inspect periodically each juvenile detention facility, juvenile 13 treatment [HOME, WORK CAMP,] facility, or other institution to ensure that the 14 standards and regulations adopted are being maintained; 15 (5) reimburse municipalities [CITIES] maintaining and operating 16 juvenile detention [HOMES, WORK CAMPS, AND] facilities; 17 (6) enter into contracts and arrangements with cities and state and 18 federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter; 19 (7) do all acts necessary to carry out the purposes of AS 47.10, 20 AS 47.12, and this chapter; 21 (8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, 22 and this chapter; 23 (9) accept donations, gifts, or bequests of money or other property for 24 use in construction of juvenile [HOMES, WORK CAMPS,] institutions, [OR] 25 detention facilities, or juvenile treatment facilities; 26 (10) operate juvenile detention facilities [HOMES] when 27 municipalities are unable to do so; 28 (11) receive, care for, and place in a juvenile detention facility 29 [HOME], the minor's own home, a foster home, [OR] a juvenile treatment facility 30 [CORRECTIONAL SCHOOL, WORK CAMP], or treatment institution all minors 31 committed to its custody under AS 47.10, AS 47.12, and this chapter.
01 * Sec. 31. AS 47.14.020 is amended to read: 02 Sec. 47.14.020. Duties of department. The department shall 03 (1) accept all minors committed to the custody of the department and 04 all minors who are involved in a written agreement under AS 47.14.100(c), and 05 provide for the welfare, control, care, custody, and placement of these minors in 06 accordance with this chapter; 07 (2) require and collect statistics on juvenile offenses and offenders in 08 the state; 09 (3) conduct studies and prepare findings and recommendations on the 10 need, number, type, construction, maintenance, and operating costs of juvenile 11 detention facilities, juvenile treatment [HOMES, WORK CAMPS,] facilities, and 12 [THE] other institutions, and adopt and submit a plan for construction of the 13 [HOMES, WORK CAMPS,] facilities [,] and institutions when needed, together with 14 a plan for financing the construction programs; 15 (4) examine, where possible, all facilities, institutions, [WORK 16 CAMPS,] and places of juvenile detention and treatment in the state and inquire into 17 their methods and the management of juveniles in them. 18 * Sec. 32. AS 47.14.040 is amended to read: 19 Sec. 47.14.040. Authority to maintain and operate temporary secure 20 juvenile holding area, juvenile detention facility, or juvenile treatment [HOME, 21 WORK CAMP, OR] facility. (a) A municipality or entity [CITY] may maintain 22 and operate a temporary secure juvenile holding area [JUVENILE DETENTION 23 FACILITY], and a municipality [CITY] or a nonprofit corporation may maintain and 24 operate a juvenile detention facility or juvenile treatment facility [HOME OR A 25 JUVENILE WORK CAMP]. 26 (b) The municipality [CITY] or nonprofit corporation may receive grants-in- 27 aid from the state for costs of operation of the temporary secure juvenile holding 28 area or facility [HOMES, WORK CAMPS, OR FACILITIES] maintained and 29 operated under (a) of this section. 30 * Sec. 33. AS 47.14.050(a) is repealed and reenacted to read: 31 (a) The department shall adopt standards and regulations for the operation of
01 juvenile detention facilities and juvenile treatment facilities in the state. 02 * Sec. 34. AS 47.14.050(b) is amended to read: 03 (b) The department may enter into contracts with municipalities [CITIES] 04 and other governmental agencies for the detention of juveniles before and after 05 commitment by juvenile authorities. A contract may not be made for longer than one 06 year. 07 * Sec. 35. AS 47.14.990(7) is amended to read: 08 (7) "juvenile detention facility" has the meaning given in 09 AS 47.12.990 [MEANS SEPARATE QUARTERS WITHIN A CITY JAIL USED 10 FOR THE DETENTION OF DELINQUENT MINORS]; 11 * Sec. 36. AS 47.14.990(10) is amended to read: 12 (10) "minor" has the meaning given in AS 47.12.990 [MEANS A 13 PERSON UNDER 18 YEARS OF AGE]; 14 * Sec. 37. AS 47.14.990 is amended by adding new paragraphs to read: 15 (12) "juvenile probation officer" has the meaning given in 16 AS 47.12.990; 17 (13) "juvenile treatment facility" has the meaning given in 18 AS 47.12.990; 19 (14) "temporary secure juvenile holding area" has the meaning given 20 in AS 47.12.990. 21 * Sec. 38. AS 47.17.020(a) is amended to read: 22 (a) The following persons who, in the performance of their occupational 23 duties, their appointed duties under (8) of this subsection, or their volunteer duties 24 under (9) of this subsection, have reasonable cause to suspect that a child has suffered 25 harm as a result of child abuse or neglect shall immediately report the harm to the 26 nearest office of the department: 27 (1) practitioners of the healing arts; 28 (2) school teachers and school administrative staff members, including 29 athletic coaches, of public and private schools; 30 (3) peace officers and officers of the Department of Corrections; 31 (4) administrative officers of institutions;
01 (5) child care providers; 02 (6) paid employees of domestic violence and sexual assault programs, 03 and crisis intervention and prevention programs as defined in AS 18.66.990; 04 (7) paid employees of an organization that provides counseling or 05 treatment to individuals seeking to control their use of drugs or alcohol; 06 (8) members of a child fatality review team established under 07 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 08 under AS 47.14.300; 09 (9) volunteers who interact with children in a public or private school 10 for more than four hours a week; 11 (10) juvenile probation officers, juvenile probation office staff, and 12 staff of juvenile detention facilities and juvenile treatment facilities, as those 13 terms are defined in AS 47.12.990. 14 * Sec. 39. AS 28.15.176; AS 47.12.060(b)(5), 47.12.990(8), 47.12.990(9), 47.12.990(15); 15 AS 47.14.990(8) and 47.14.990(9) are repealed. 16 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. AS 11.41.425(b)(1), as amended by sec. 2 of this Act, 19 AS 11.41.425(b)(2), as amended by sec. 3 of this Act, AS 11.41.427(b)(2), as amended by 20 sec. 4 of this Act, AS 11.41.470(3), as amended by sec. 5 of this Act, AS 11.41.470(5), as 21 amended by sec. 6 of this Act, AS 11.41.470(9) and (10), enacted by sec. 7 of this Act, 22 AS 11.56.760(a), as amended by sec. 8 of this Act, AS 11.61.123(e), as amended by sec. 9 of 23 this Act, and AS 47.12.120(l), enacted by sec. 19 of this Act, apply to offenses committed on 24 or after the effective date of secs. 2 - 9 and 19 of this Act. 25 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: REGULATIONS. The Department of Health and Social Services may 28 adopt regulations necessary to implement the changes made by this Act. The regulations take 29 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 30 relevant provision of this Act implemented by the regulation. 31 * Sec. 42. Section 41 of this Act takes effect immediately under AS 01.10.070(c).