HB 116: "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 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. 116 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 sexual assault in the third degree; relating to sexual assault in the fourth 05 degree; repealing a requirement for administrative revocation of a minor's driver's 06 license, permit, privilege to drive, or privilege to obtain a license for consumption or 07 possession of alcohol or drugs; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 09.65.255(b) is amended to read: 10 (b) A state agency or its agents, including a person working in or responsible 11 for the operation of a foster home, as defined in AS 47.32.900, juvenile treatment 12 facility, juvenile detention facility [, RECEIVING, OR DETENTION HOME], or 13 treatment [CHILDREN'S] institution, is not liable for the acts of unemancipated
01 minors in its charge or custody. A state agency or an agent of a state agency, including 02 a nonprofit corporation that designates shelters for runaways under AS 47.10.392 - 03 47.10.399 and employees of or volunteers with that corporation, is not liable for the 04 acts of a minor sheltered in a shelter for runaways, as defined in AS 47.10.399. In this 05 subsection, "juvenile treatment facility" and "juvenile detention facility" have 06 the meanings given in AS 47.12.990 and "treatment institution" has the meaning 07 given in AS 47.14.990. 08 * Sec. 2. AS 11.41.425(b)(1) is amended to read: 09 (1) "juvenile facility staff" means a person employed in a juvenile 10 detention facility or juvenile treatment facility as those terms are defined in 11 AS 47.12.990; 12 * Sec. 3. AS 11.41.425(b)(2) is amended to read: 13 (2) "juvenile probation officer" has the meaning given in 14 AS 47.12.990 [MEANS A PERSON ASSIGNED TO SUPERVISE ANOTHER 15 PERSON 18 OR 19 YEARS OF AGE WHO IS COMMITTED TO THE 16 PROBATIONARY SUPERVISION OF THE DEPARTMENT OF HEALTH AND 17 SOCIAL SERVICES]; 18 * Sec. 4. AS 11.41.427(b)(2) is amended to read: 19 (2) "juvenile probation officer" has the meaning given in AS 47.12.990 20 [AS 11.41.425]; 21 * Sec. 5. AS 11.41.470(3) is amended to read: 22 (3) "legal guardian" means a person who is under a duty to exercise 23 general supervision over a minor or other person committed to the custody of the 24 Department of Health and Social Services under AS 47.10 or AS 47.12 as a result of a 25 court order, statute, or regulation, and includes Department of Health and Social 26 Services employees, foster parents, and staff members and other employees of 27 treatment institutions, group homes, or youth facilities where the minor or other 28 person is placed as a result of a court order or the action of the Department of Health 29 and Social Services, and police officers, juvenile and adult probation officers, and 30 social workers when those persons are exercising custodial control over a minor or 31 other person;
01 * Sec. 6. AS 11.41.470(5) is amended to read: 02 (5) "position of authority" means an employer, youth leader, scout 03 leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, 04 psychologist, guardian ad litem, babysitter, or a substantially similar position, and a 05 police officer, correctional employee, juvenile facility staff, staff member of a 06 treatment institution, or juvenile or adult probation officer other than when the 07 officer or staff member is exercising custodial control over a minor; 08 * Sec. 7. AS 11.41.470 is amended by adding new paragraphs to read: 09 (9) "juvenile facility staff" has the meaning given in AS 11.41.425(b); 10 (10) "treatment institution" has the meaning given in AS 47.14.990. 11 * Sec. 8. AS 11.61.123(e)(2) is amended to read: 12 (2) "private exposure" means that a person has exposed the person's 13 body or part of the body in a place, and under circumstances, that the person 14 reasonably believed would not result in the person's body or body parts being (A) 15 viewed by the defendant; or (B) produced in a picture; "private exposure" does not 16 include the exposure of a person's body or body parts in a law enforcement facility, 17 correctional facility, treatment institution, designated treatment facility, juvenile 18 treatment facility, or a juvenile detention facility; in this paragraph, "correctional 19 facility" has the meaning given in AS 33.30.901, "designated treatment facility" has 20 the meaning given in AS 47.30.915, [AND] "juvenile detention facility" and 21 "juvenile treatment facility" have [HAS] the meanings [MEANING] given in 22 AS 47.12.990; and "treatment institution" has the meaning given in AS 47.14.990. 23 * Sec. 9. AS 14.07.020(a) is amended to read: 24 (a) The department shall 25 (1) exercise general supervision over the public schools of the state 26 except the University of Alaska; 27 (2) study the conditions and needs of the public schools of the state, 28 adopt or recommend plans, administer and evaluate grants to improve school 29 performance awarded under AS 14.03.125, and adopt regulations for the improvement 30 of the public schools; the department may consult with the University of Alaska to 31 develop secondary education requirements to improve student achievement in college
01 preparatory courses; 02 (3) provide advisory and consultative services to all public school 03 governing bodies and personnel; 04 (4) prescribe by regulation a minimum course of study for the public 05 schools; the regulations must provide that, if a course in American Sign Language is 06 given, the course shall be given credit as a course in a foreign language; 07 (5) establish, in coordination with the Department of Health and Social 08 Services, a program for the continuing education of children who are held in juvenile 09 detention facilities or juvenile treatment facilities, as those terms are defined in 10 AS 47.12.990, in the state during the period of detention or treatment; 11 (6) accredit those public schools that meet accreditation standards 12 prescribed by regulation by the department; these regulations shall be adopted by the 13 department and presented to the legislature during the first 10 days of any regular 14 session, and become effective 45 days after presentation or at the end of the session, 15 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 16 the members of each house; 17 (7) prescribe by regulation, after consultation with the state fire 18 marshal and the state sanitarian, standards that will ensure healthful and safe 19 conditions in the public and private schools of the state, including a requirement of 20 physical examinations and immunizations in pre-elementary schools; the standards for 21 private schools may not be more stringent than those for public schools; 22 (8) exercise general supervision over pre-elementary schools that 23 receive direct state or federal funding; 24 (9) exercise general supervision over elementary and secondary 25 correspondence study programs offered by municipal school districts or regional 26 educational attendance areas; the department may also offer and make available to any 27 Alaskan through a centralized office a correspondence study program; 28 (10) accredit private schools that request accreditation and that meet 29 accreditation standards prescribed by regulation by the department; nothing in this 30 paragraph authorizes the department to require religious or other private schools to be 31 licensed;
01 (11) review plans for construction of new public elementary and 02 secondary schools and for additions to and major rehabilitation of existing public 03 elementary and secondary schools and, in accordance with regulations adopted by the 04 department, determine and approve the extent of eligibility for state aid of a school 05 construction or major maintenance project; for the purposes of this paragraph, "plans" 06 include educational specifications, schematic designs, projected energy consumption 07 and costs, and final contract documents; 08 (12) provide educational opportunities in the areas of vocational 09 education and training, and basic education to individuals over 16 years of age who 10 are no longer attending school; the department may consult with businesses and labor 11 unions to develop a program to prepare students for apprenticeships or internships that 12 will lead to employment opportunities; 13 (13) administer the grants awarded under AS 14.11; 14 (14) establish, in coordination with the Department of Public Safety, a 15 school bus driver training course; 16 (15) require the reporting of information relating to school disciplinary 17 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 18 behavior; 19 (16) establish by regulation criteria, based on low student performance, 20 under which the department may intervene in a school district to improve instructional 21 practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include 22 (A) a notice provision that alerts the district to the deficiencies 23 and the instructional practice changes proposed by the department; 24 (B) an end date for departmental intervention, as described in 25 AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 26 consecutive years of improvement consisting of not less than two percent 27 increases in student proficiency on standards-based assessments in language 28 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 29 (C) a process for districts to petition the department for 30 continuing or discontinuing the department's intervention; 31 (17) notify the legislative committees having jurisdiction over
01 education before intervening in a school district under AS 14.07.030(a)(14) or 02 redirecting public school funding under AS 14.07.030(a)(15). 03 * Sec. 10. AS 14.30.186(a) is amended to read: 04 (a) Special education and related services shall be provided by 05 (1) a borough or city school district for a child with a disability 06 residing within the district; 07 (2) the board of a regional educational attendance area operating a 08 school in the area for a child with a disability residing in the area served by the school; 09 (3) the borough, city school district, or regional educational attendance 10 area in which a treatment institution, as that term is defined in AS 47.14.990, 11 juvenile detention facility or juvenile treatment facility, as those terms are defined 12 in AS 47.12.990, or a correctional [OR YOUTH DETENTION] facility is located for 13 a child with a disability placed at the facility; 14 (4) a state boarding school established under AS 14.16 for a child with 15 a disability enrolled at a state boarding school; or 16 (5) a school district that provides a statewide correspondence study 17 program for a child with a disability who is enrolled in the program. 18 * Sec. 11. AS 17.37.070(6) is amended to read: 19 (6) "facility monitored by the department or the Department of 20 Administration" means an institution, building, office, or home operated by the 21 department or the Department of Administration, funded by the department or the 22 Department of Administration, under contract with the department or the Department 23 of Administration, inspected by the department or the Department of Administration, 24 designated by the department or the Department of Administration, or licensed by the 25 department or the Department of Administration, for the care of 26 (A) juveniles; for the purposes of this subparagraph, 27 "institution" includes a foster home and a group home, and a juvenile detention 28 facility [, A JUVENILE DETENTION HOME, A JUVENILE WORK 29 CAMP,] and a juvenile treatment facility, as those terms are defined in 30 AS 47.12.990; 31 (B) the elderly; for the purposes of this subparagraph,
01 "institution" includes 02 (i) an assisted living home as defined in AS 47.33.990; 03 and 04 (ii) the Alaska Pioneers' Home or the Alaska Veterans' 05 Home, operated under AS 47.55; 06 (C) the mentally ill; for the purposes of this subparagraph, 07 "institution" includes a designated treatment facility and an evaluation facility, 08 as those terms are defined in AS 47.30.915; 09 * Sec. 12. AS 18.20.499(2) is amended to read: 10 (2) "health care facility" means a private, municipal, or state hospital; 11 independent diagnostic testing facility; primary care outpatient facility; skilled nursing 12 facility; kidney disease treatment center, including freestanding hemodialysis units; 13 intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or 14 Alaska Veterans' Home administered by the Department of Health and Social Services 15 under AS 47.55; correctional facility owned or administered by the state; private, 16 municipal, or state facility employing one or more public health nurses; long-term care 17 facility; psychiatric hospital; residential psychiatric treatment center, as defined in 18 AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under 19 AS 47.12.990; a juvenile detention facility [; JUVENILE DETENTION HOME, 20 JUVENILE WORK CAMP,] or juvenile treatment facility, as those terms are 21 defined in AS 47.12.990; or a treatment institution as that term is defined in 22 AS 47.14.990; 23 * Sec. 13. AS 47.10.141(c) is amended to read: 24 (c) A minor may be taken into emergency protective custody by a peace 25 officer and placed into temporary detention in a juvenile detention facility [HOME] in 26 the local community if there has been an order issued by a court under a finding of 27 probable cause that (1) the minor is a runaway in wilful violation of a valid court order 28 issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or 29 47.12.250(d), (2) the minor's current situation poses a severe and imminent risk to the 30 minor's life or safety, and (3) no reasonable placement alternative exists within the 31 community. A minor detained under this subsection shall be brought before a court on
01 the day the minor is detained, or if that is not possible, within 24 hours after the 02 detention for a hearing to determine the most appropriate placement in the best 03 interests of the minor. A minor taken into emergency protective custody under this 04 subsection may not be detained for more than 24 hours, except as provided under 05 AS 47.12.250. Emergency protective custody may not include placement of a minor in 06 an adult correctional facility, an adult [A] jail or a temporary secure juvenile 07 holding area [SECURE FACILITY OTHER THAN A JUVENILE DETENTION 08 HOME,] nor may an order for protective custody be enforced against a minor who is 09 residing in a licensed program for runaway minors, as defined in AS 47.10.390. 10 * Sec. 14. AS 47.10.141(j) is amended by adding a new paragraph to read: 11 (3) "temporary secure juvenile holding area" has the meaning given in 12 AS 47.12.990. 13 * Sec. 15. AS 47.10.990(20) is amended to read: 14 (20) "juvenile detention facility [HOME]" has the meaning given in 15 AS 47.12.990 [IS A SEPARATE ESTABLISHMENT, EXCLUSIVELY DEVOTED 16 TO THE DETENTION OF MINORS ON A SHORT-TERM BASIS AND NOT A 17 PART OF AN ADULT JAIL]; 18 * Sec. 16. AS 47.12.025(c) is amended to read: 19 (c) If a person who is subject to the jurisdiction of this chapter due solely to 20 AS 47.12.020(b) has been arrested by a peace officer or a juvenile probation officer 21 under AS 47.12.245, detained under AS 47.12.250, or committed to the custody or 22 supervision of the department under AS 47.12.120(b) or 47.12.240, the department, 23 after consulting the peace officer or juvenile probation officer if appropriate, shall 24 make arrangements for the detention, placement, or supervision of the person. In the 25 discretion of the department, the person may be detained or placed in a juvenile 26 detention facility, juvenile treatment facility, temporary secure juvenile holding 27 area, or in an adult correctional facility. 28 * Sec. 17. AS 47.12.030(b) is amended to read: 29 (b) When a minor is accused of violating a statute specified in this subsection, 30 other than a statute the violation of which is a felony, this chapter and the Alaska 31 Delinquency Rules do not apply and the minor accused of the offense shall be
01 charged, prosecuted, and sentenced in the district court in the same manner as an 02 adult; if a minor is charged, prosecuted, and sentenced for an offense under this 03 subsection, the minor's parent, guardian, or legal custodian shall be present at all 04 proceedings; the provisions of this subsection apply when a minor is accused of 05 violating 06 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 07 a municipality; 08 (2) AS 11.76.105, relating to the possession of tobacco by a person 09 under 19 years of age; 10 (3) a fish and game statute or regulation under AS 16; 11 (4) a parks and recreational facilities statute or regulation under 12 AS 41.21; 13 (5) [REPEALED] 14 (6) a municipal curfew ordinance, whether adopted under 15 AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its 16 ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for 17 the violation of a municipal curfew ordinance, the court shall allow a defendant the 18 option of performing community work; the value of the community work, which may 19 not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); 20 in this paragraph, "community work" includes the work described in AS 12.55.055(b) 21 or work that, on the recommendation of the municipal or borough assembly, city 22 council, or traditional village council of the defendant's place of residence, would 23 benefit persons within the municipality or village who are elderly or disabled; 24 (7) AS 04.16.050, relating to consumption, possession, or control of 25 alcohol by a person under 21 years of age. 26 * Sec. 18. AS 47.12.040(a) is amended to read: 27 (a) Whenever circumstances subject a minor to the jurisdiction of this chapter, 28 the court shall 29 (1) require in conformance with this section, that, for a minor who is 30 alleged to be a delinquent minor under AS 47.12.020, the department or an entity 31 selected by it shall make a preliminary inquiry to determine if any action is
01 appropriate and may take appropriate action to adjust the matter without a court 02 hearing; the department or an entity selected by it may arrange to interview the minor, 03 the minor's parents or guardian, and any other person having relevant information; at 04 or before the interview, the minor and the minor's parents or guardian, if present, must 05 be advised that any statement may be used against the minor and of the following 06 rights of the minor: to have a parent or guardian present at the interview; to remain 07 silent; to have retained or appointed counsel at all stages of the proceedings, including 08 the initial interview; if a petition is filed, to have an adjudication hearing before a 09 judge or jury with compulsory process to compel the attendance of witnesses; and the 10 opportunity to confront and cross-examine witnesses; if, under this paragraph, 11 (A) the department or an entity selected by it makes a 12 preliminary inquiry and takes appropriate action to adjust the matter without a 13 court hearing, the minor may not be detained or taken into custody as a 14 condition of the adjustment and, subject to AS 47.12.060, the matter shall be 15 closed by the department or an entity selected by it if the minor successfully 16 completes all that is required of the minor by the department or an entity 17 selected by it in the adjustment; in a municipality or municipalities in which a 18 youth court has been established under AS 47.12.400, adjustment of the matter 19 under this paragraph may include referral to the youth court; if a community 20 dispute resolution center has been established under AS 47.12.450(a) and has 21 obtained recognition under AS 47.12.450(b), adjustment of the matter under 22 this paragraph may include use of the services of the community dispute 23 resolution center; 24 (B) the department or an entity selected by it concludes that the 25 matter may not be adjusted without a court hearing, the department may file a 26 petition, amended petition, or supplemental petition under (2) of this 27 subsection setting out the facts; or 28 (2) appoint a competent person or agency to make a preliminary 29 inquiry and report for the information of the court to determine whether the interests 30 of the public or of the minor require that further action be taken; if, under this 31 paragraph, the court appoints a person or agency to make a preliminary inquiry and to
01 report to it, then upon the receipt of the report, the court may informally adjust the 02 matter without a hearing, or it may authorize the person having knowledge of the facts 03 of the case to file with the court a petition setting out the facts; if, following the filing 04 of a petition, additional facts are determined, the court may authorize a person 05 having knowledge of the facts to file an amended petition or supplemental 06 petition; if the court informally adjusts the matter, the minor may not be detained or 07 taken into the custody of the court as a condition of the adjustment, and the matter 08 shall be closed by the court upon adjustment. 09 * Sec. 19. AS 47.12.120(b) is amended to read: 10 (b) If the minor is not subject to (j) of this section and the court finds that the 11 minor is delinquent, it shall 12 (1) order the minor committed to the department for a period of time 13 not to exceed two years or in any event extend past the day the minor becomes 19 14 years of age, except that the department may petition for and the court may grant in a 15 hearing (A) two-year extensions of commitment that do not extend beyond the minor's 16 19th birthday if the extension is in the best interests of the minor and the public; and 17 (B) an additional one-year period of supervision past age 19 if continued supervision 18 is in the best interests of the person and the person consents to it; the department shall 19 place the minor in the juvenile facility that the department considers appropriate and 20 that may include a juvenile [CORRECTIONAL SCHOOL, JUVENILE WORK 21 CAMP,] treatment facility, juvenile [DETENTION HOME, OR] detention facility, or 22 secure residential psychiatric treatment center; the minor may be released from 23 placement or detention and placed on probation on order of the court and may also be 24 released by the department, in its discretion, under AS 47.12.260; 25 (2) order the minor placed on probation, to be supervised by the 26 department, and released to the minor's parents, guardian, or a suitable person; if the 27 court orders the minor placed on probation, it may specify the terms and conditions of 28 probation; the probation may be for a period of time not to exceed two years and in no 29 event to extend past the day the minor becomes 19 years of age, except that the 30 department may petition for and the court may grant in a hearing 31 (A) two-year extensions of supervision that do not extend
01 beyond the minor's 19th birthday if the extension is in the best interests of the 02 minor and the public; and 03 (B) an additional one-year period of supervision past age 19 if 04 the continued supervision is in the best interests of the person and the person 05 consents to it; 06 (3) order the minor committed to the custody of the department and 07 placed on probation, to be supervised by the department and released to the minor's 08 parents, guardian, other suitable person, or suitable nondetention setting such as with a 09 relative or in a foster home or residential child care facility, whichever the department 10 considers appropriate to implement the treatment plan of the predisposition report; if 11 the court orders the minor placed on probation, it may specify the terms and conditions 12 of probation; the department may transfer the minor, in the minor's best interests, from 13 one of the probationary placement settings listed in this paragraph to another, and the 14 minor, the minor's parents or guardian, the minor's foster parent, and the minor's 15 attorney are entitled to reasonable notice of the transfer; the probation may be for a 16 period of time not to exceed two years and in no event to extend past the day the 17 minor becomes 19 years of age, except that the department may petition for and the 18 court may grant in a hearing 19 (A) two-year extensions of commitment that do not extend 20 beyond the minor's 19th birthday if the extension is in the best interests of the 21 minor and the public; and 22 (B) an additional one-year period of supervision past age 19 if 23 the continued supervision is in the best interests of the person and the person 24 consents to it; 25 (4) order the minor and the minor's parent to make suitable restitution 26 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 27 under this paragraph, 28 (A) except as provided in (B) of this paragraph, the court may 29 not refuse to make an order of restitution to benefit the victim of the act of the 30 minor that is the basis of the delinquency adjudication; under this 31 subparagraph, the court may require the minor to use the services of a
01 community dispute resolution center that has been recognized by the 02 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 03 and the victim of the minor's offense as to the amount of or manner of payment 04 of the restitution; 05 (B) the court may not order payment of restitution by the parent 06 of a minor who is a runaway or missing minor for an act of the minor that was 07 committed by the minor after the parent has made a report to a law 08 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 09 away or is missing; for purposes of this subparagraph, "runaway or missing 10 minor" means a minor who a parent reasonably believes is absent from the 11 minor's residence for the purpose of evading the parent or who is otherwise 12 missing from the minor's usual place of abode without the consent of the 13 parent; and 14 (C) at the request of the department, the Department of Law, 15 the victims' advocate, or on its own motion, the court shall, at any time, order 16 the minor and the minor's parent, if applicable, to submit financial information 17 on a form approved by the Alaska Court System to the court, the department, 18 and the Department of Law for the purpose of establishing the amount of 19 restitution or enforcing an order of restitution under AS 47.12.170; the form 20 must include a warning that submission of incomplete or inaccurate 21 information is punishable as unsworn falsification in the second degree under 22 AS 11.56.210; 23 (5) order the minor committed to the department for placement in an 24 adventure-based education program established under AS 47.21.020 with conditions 25 the court considers appropriate concerning release upon satisfactory completion of the 26 program or commitment under (1) of this subsection if the program is not satisfactorily 27 completed; 28 (6) in addition to an order under (1) - (5) of this subsection, order the 29 minor to perform community service; for purposes of this paragraph, "community 30 service" includes work 31 (A) on a project identified in AS 33.30.901; or
01 (B) that, on the recommendation of the city council or 02 traditional village council, would benefit persons within the city or village who 03 are elderly or disabled; or 04 (7) in addition to an order under (1) - (6) of this subsection, order the 05 minor's parent or guardian to comply with orders made under AS 47.12.155, including 06 participation in treatment under AS 47.12.155(b)(1). 07 * Sec. 20. AS 47.12.140 is amended to read: 08 Sec. 47.12.140. Court dispositional order. In making its dispositional order 09 under AS 47.12.120(b)(1) - (3) and (5) and (j), the court shall 10 (1) consider both the best interests of the minor and the interests of the 11 public, and, in doing so, the court shall take into account 12 (A) the seriousness of the minor's delinquent act and the 13 attitude of the minor and the minor's parents toward that act; 14 (B) the minor's culpability as indicated by the circumstances of 15 the particular case; 16 (C) the age of the minor; 17 (D) the minor's prior criminal or juvenile record and the 18 success or failure of any previous orders, dispositions, or placements imposed 19 on the minor; 20 (E) the effect of the dispositional order to be imposed in 21 deterring the minor from committing other delinquent acts; 22 (F) the need to commit the minor to the department's custody or 23 to detain the minor in a juvenile treatment facility, juvenile detention 24 facility, secure residential psychiatric treatment center, [AN 25 INSTITUTION] or other suitable place in order to prevent further harm to the 26 public; 27 (G) the interest of the public in securing the minor's 28 rehabilitation; and 29 (H) the ability of the state to take custody of and to care for the 30 minor; and 31 (2) order the least restrictive alternative disposition for the minor; for
01 purposes of this paragraph, the "least restrictive alternative disposition" means that 02 disposition that is no more restrictive than is, in the judgment of the court, most 03 conducive to the minor's rehabilitation taking into consideration the interests of the 04 public. 05 * Sec. 21. AS 47.12.150(a) is amended to read: 06 (a) When a minor is committed under AS 47.12.120(b)(1) or (3), or 47.12.240 07 to the department or released under AS 47.12.120(b)(2) to the minor's parents, 08 guardian, or other suitable person, a relationship of legal custody exists. This 09 relationship imposes on the department and its authorized agents or the parents, 10 guardian, or other suitable person the responsibility of physical care and control of the 11 minor, the determination of where and with whom the minor shall live, the right and 12 duty to protect, train, and discipline the minor, and the duty of providing the minor 13 with food, shelter, education, and medical care. These obligations are subject to any 14 residual parental rights and responsibilities and rights and responsibilities of a 15 guardian if one has been appointed. When a minor is committed to the department and 16 the department places the minor with the minor's parent, the parent has the 17 responsibility to provide and pay for food, shelter, education, and medical care for the 18 minor. When parental rights have been terminated, or there are no living parents and a 19 guardian has not been appointed, the responsibilities of legal custody include those in 20 (b) and (c) of this section. The department or person having legal custody of the minor 21 may delegate any of the responsibilities under this section, except authority to consent 22 to marriage, adoption, and military enlistment may not be delegated. For purposes of 23 this chapter, a person in charge of a placement setting is an agent of the department. 24 * Sec. 22. AS 47.12.240(a) is amended to read: 25 (a) When the court commits a minor to the custody of the department, the 26 department shall arrange to place the minor in a juvenile detention facility 27 [DETENTION HOME, WORK CAMP,] or another suitable place that the department 28 designates for that purpose. Except under the conditions described in [WHEN 29 DETENTION IN A CORRECTIONAL FACILITY IS AUTHORIZED BY] (c) of this 30 section, the minor may not be detained [INCARCERATED] in a correctional facility 31 that houses adult prisoners.
01 * Sec. 23. AS 47.12.240(c) is amended to read: 02 (c) Notwithstanding (a) of this section, a minor may be detained 03 [INCARCERATED] in an adult [A] correctional facility, an adult jail, or a 04 temporary secure juvenile holding area only if one of the following applies: 05 (1) [IF] the minor is the subject of a petition filed with the court under 06 this chapter seeking adjudication of the minor as a delinquent minor or [IF] the minor 07 is detained or in official detention pending the filing of that petition; however, 08 detention in an adult [A] correctional facility, an adult jail, or a temporary secure 09 juvenile holding area under this paragraph may not exceed the lesser of 10 (A) six hours, except under the criteria listed in (e) of this 11 section; or 12 (B) the time necessary to arrange the minor's transportation to a 13 juvenile detention facility [HOME] or comparable facility for the detention of 14 minors; 15 (2) [IF,] in response to a petition of delinquency filed under this 16 chapter, the court has entered an order closing the case under AS 47.12.100(a), 17 allowing the minor to be prosecuted as an adult; or 18 (3) [IF] the minor is at least 16 years of age and the court has entered 19 an order under AS 47.12.160(e) imposing an adult sentence and transferring custody 20 of the minor to the Department of Corrections. 21 * Sec. 24. AS 47.12.245(b) is amended to read: 22 (b) A juvenile probation officer may arrest a minor if the juvenile probation 23 officer has probable cause to believe that the minor has violated [CONDITIONS OF] 24 the minor's conditions of conduct [RELEASE] or probation. 25 * Sec. 25. AS 47.12.250(a) is amended to read: 26 (a) A peace officer or a juvenile probation officer who has arrested, or a peace 27 officer who has continued the arrest of, a minor under AS 47.12.245 may 28 (1) have the minor detained in a juvenile detention facility or 29 temporary secure juvenile holding area if, in the opinion of the [PEACE] officer 30 making or continuing the arrest, it is necessary to do so to protect the minor or the 31 community; however, the department may direct that a minor who was arrested or
01 whose arrest was continued be released from detention before the hearing required by 02 (c) of this section; 03 (2) before taking the minor to a juvenile detention facility or 04 temporary secure juvenile holding area, release the minor to the minor's parents or 05 guardian if detention is not necessary to 06 (A) protect the minor or the community; or 07 (B) ensure the minor's attendance at subsequent court hearings. 08 * Sec. 26. AS 47.12.270 is repealed and reenacted to read: 09 Sec. 47.12.270. Juvenile probation officers. (a) The department shall employ 10 juvenile probation officers. A juvenile probation officer shall exercise the duties of a 11 probation officer and shall prepare preliminary investigations and assist and advise the 12 court in the furtherance of the welfare and control of a minor under the court's 13 jurisdiction. A juvenile probation officer shall also carry out other duties in the care 14 and treatment of minors that are consistent with the intent of this chapter. 15 (b) A juvenile probation officer has the powers of a peace officer with respect 16 to the service of process and arresting a minor when 17 (1) a court has issued an arrest warrant; 18 (2) there is probable cause to believe the minor has violated conditions 19 of conduct or probation; or 20 (3) probable cause exists for believing that the minor has escaped from 21 or unlawfully evaded a placement made under AS 47.12.120(b)(1). 22 * Sec. 27. AS 47.12.310(d) is amended to read: 23 (d) Upon request of a victim, the department shall make every reasonable 24 effort to notify the victim as soon as practicable, by telephone or in writing, when a 25 delinquent minor is to be released from placement [IN A JUVENILE FACILITY] 26 under AS 47.12.120(b)(1). The notice under this subsection must include the expected 27 date of the delinquent minor's release, the geographic area in which the delinquent 28 minor is required to reside, and other pertinent information concerning the delinquent 29 minor's conditions of conduct or probation [RELEASE] that may affect the victim. 30 * Sec. 28. AS 47.12.315(c) is amended to read: 31 (c) When required by this section to disclose information, the department may
01 disclose only the name of the minor, the name of each legal parent or guardian, the 02 specific offense for which the minor was adjudicated delinquent [ALLEGED TO 03 HAVE BEEN COMMITTED IN THE PETITION], and the final outcome of the court 04 proceedings relating to the offense. Before the disclosure, the department shall delete 05 the information that identifies the victim of the offense. 06 * Sec. 29. AS 47.12.990(7) is amended to read: 07 (7) "juvenile detention facility" means a secure facility [SEPARATE 08 QUARTERS WITHIN A CITY JAIL USED] for the detention of delinquent minors in 09 the custody of the department under AS 47.12.240 or 47.12.250; 10 * Sec. 30. AS 47.12.990(12) is amended to read: 11 (12) "minor" means a person who is 12 (A) under 18 years of age at the time the person commits an 13 offense; and 14 (B) subject to the jurisdiction of the court under this 15 chapter; 16 * Sec. 31. AS 47.12.990 is amended by adding new paragraphs to read: 17 (17) "juvenile probation officer" means an officer described in 18 AS 47.12.270; 19 (18) "juvenile treatment facility" means a secure facility for treatment 20 of minors adjudicated delinquent and committed by a court to the care and custody of 21 the department under AS 47.12.120(b)(1); 22 (19) "residential child care facility" has the meaning given in 23 AS 47.32.900; 24 (20) "temporary secure juvenile holding area" means separate quarters 25 that are used for the temporary detention of delinquent minors pending a court order or 26 transportation to a juvenile detention facility and that are not within sight or sound of 27 any adult prisoners. 28 * Sec. 32. AS 47.14.010 is amended to read: 29 Sec. 47.14.010. General powers of department over juvenile facilities and 30 institutions. The department may 31 (1) purchase, lease, or construct buildings or other facilities for the
01 care, detention, rehabilitation, and education of children in need of aid or delinquent 02 minors; 03 (2) adopt plans for construction of juvenile detention facilities 04 [HOMES, JUVENILE WORK CAMPS], juvenile treatment [DETENTION] 05 facilities, and other juvenile institutions; 06 (3) adopt standards and regulations for the design, construction, repair, 07 maintenance, and operation of all juvenile detention facilities, juvenile treatment 08 [HOMES, WORK CAMPS,] facilities, and institutions; 09 (4) inspect periodically each juvenile detention facility, juvenile 10 treatment [HOME, WORK CAMP,] facility, or other institution to ensure that the 11 standards and regulations adopted are being maintained; 12 (5) reimburse municipalities [CITIES] maintaining and operating 13 juvenile detention [HOMES, WORK CAMPS, AND] facilities; 14 (6) enter into contracts and arrangements with cities and state and 15 federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter; 16 (7) do all acts necessary to carry out the purposes of AS 47.10, 17 AS 47.12, and this chapter; 18 (8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, 19 and this chapter; 20 (9) accept donations, gifts, or bequests of money or other property for 21 use in construction of juvenile [HOMES, WORK CAMPS,] institutions, [OR] 22 detention facilities, or juvenile treatment facilities; 23 (10) operate juvenile detention facilities [HOMES] when 24 municipalities are unable to do so; 25 (11) receive, care for, and place in a juvenile detention facility 26 [HOME], the minor's own home, a foster home, [OR] a juvenile treatment facility 27 [CORRECTIONAL SCHOOL, WORK CAMP], or treatment institution all minors 28 committed to its custody under AS 47.10, AS 47.12, and this chapter. 29 * Sec. 33. AS 47.14.020 is amended to read: 30 Sec. 47.14.020. Duties of department. The department shall 31 (1) accept all minors committed to the custody of the department and
01 all minors who are involved in a written agreement under AS 47.14.100(c), and 02 provide for the welfare, control, care, custody, and placement of these minors in 03 accordance with this chapter; 04 (2) require and collect statistics on juvenile offenses and offenders in 05 the state; 06 (3) conduct studies and prepare findings and recommendations on the 07 need, number, type, construction, maintenance, and operating costs of juvenile 08 detention facilities, juvenile treatment [HOMES, WORK CAMPS,] facilities, and 09 [THE] other institutions, and adopt and submit a plan for construction of the 10 [HOMES, WORK CAMPS,] facilities [,] and institutions when needed, together with 11 a plan for financing the construction programs; 12 (4) examine, where possible, all facilities, institutions, [WORK 13 CAMPS,] and places of juvenile detention and treatment in the state and inquire into 14 their methods and the management of juveniles in them. 15 * Sec. 34. AS 47.14.040 is amended to read: 16 Sec. 47.14.040. Authority to maintain and operate temporary secure 17 juvenile holding area, juvenile detention facility, or juvenile treatment [HOME, 18 WORK CAMP, OR] facility. (a) A municipality or entity [CITY] may maintain 19 and operate a temporary secure juvenile holding area [JUVENILE DETENTION 20 FACILITY], and a municipality [CITY] or a nonprofit corporation may maintain and 21 operate a juvenile detention facility or juvenile treatment facility [HOME OR A 22 JUVENILE WORK CAMP]. 23 (b) The municipality [CITY] or nonprofit corporation may receive grants-in- 24 aid from the state for costs of operation of the temporary secure juvenile holding 25 area or facility [HOMES, WORK CAMPS, OR FACILITIES] maintained and 26 operated under (a) of this section. 27 * Sec. 35. AS 47.14.050(a) is repealed and reenacted to read: 28 (a) The department shall adopt standards and regulations for the operation of 29 juvenile detention facilities and juvenile treatment facilities in the state. 30 * Sec. 36. AS 47.14.050(b) is amended to read: 31 (b) The department may enter into contracts with municipalities [CITIES]
01 and other governmental agencies for the detention of juveniles before and after 02 commitment by juvenile authorities. A contract may not be made for longer than one 03 year. 04 * Sec. 37. AS 47.14.990(7) is amended to read: 05 (7) "juvenile detention facility" has the meaning given in 06 AS 47.12.990 [MEANS SEPARATE QUARTERS WITHIN A CITY JAIL USED 07 FOR THE DETENTION OF DELINQUENT MINORS]; 08 * Sec. 38. AS 47.14.990(10) is amended to read: 09 (10) "minor" has the meaning given in AS 47.12.990 [MEANS A 10 PERSON UNDER 18 YEARS OF AGE]; 11 * Sec. 39. AS 47.14.990 is amended by adding new paragraphs to read: 12 (12) "juvenile probation officer" has the meaning given in 13 AS 47.12.990; 14 (13) "juvenile treatment facility" has the meaning given in 15 AS 47.12.990; 16 (14) "temporary secure juvenile holding area" has the meaning given 17 in AS 47.12.990. 18 * Sec. 40. AS 47.17.020(a) is amended to read: 19 (a) The following persons who, in the performance of their occupational 20 duties, their appointed duties under (8) of this subsection, or their volunteer duties 21 under (9) of this subsection, have reasonable cause to suspect that a child has suffered 22 harm as a result of child abuse or neglect shall immediately report the harm to the 23 nearest office of the department and, if the harm appears to be a result of a suspected 24 sex offense, shall immediately report the harm to the nearest law enforcement agency: 25 (1) practitioners of the healing arts; 26 (2) school teachers and school administrative staff members, including 27 athletic coaches, of public and private schools; 28 (3) peace officers and officers of the Department of Corrections; 29 (4) administrative officers of institutions; 30 (5) child care providers; 31 (6) paid employees of domestic violence and sexual assault programs,
01 and crisis intervention and prevention programs as defined in AS 18.66.990; 02 (7) paid employees of an organization that provides counseling or 03 treatment to individuals seeking to control their use of drugs or alcohol; 04 (8) members of a child fatality review team established under 05 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 06 under AS 47.14.300; 07 (9) volunteers who interact with children in a public or private school 08 for more than four hours a week; 09 (10) juvenile probation officers, juvenile probation office staff, and 10 staff of juvenile detention facilities and juvenile treatment facilities, as those 11 terms are defined in AS 47.12.990. 12 * Sec. 41. AS 28.15.176; AS 47.12.060(b)(5), 47.12.990(8), 47.12.990(9), 47.12.990(15); 13 AS 47.14.990(8), and 47.14.990(9) are repealed. 14 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. AS 11.41.425(b)(1), as amended by sec. 2 of this Act, 17 AS 11.41.425(b)(2), as amended by sec. 3 of this Act, AS 11.41.427(b)(2), as amended by 18 sec. 4 of this Act, AS 11.41.470(3), as amended by sec. 5 of this Act, AS 11.41.470(5), as 19 amended by sec. 6 of this Act, AS 11.41.470(9) and (10), enacted by sec. 7 of this Act, 20 AS 11.61.123(e), as amended by sec. 8 of this Act, and AS 47.12.030(b), as amended by sec. 21 17 of this Act, apply to offenses committed on or after the effective date of secs. 2 - 8 and 17 22 of this Act. 23 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: REGULATIONS. The Department of Health and Social Services may 26 adopt regulations necessary to implement the changes made by this Act. The regulations take 27 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 28 relevant provision of this Act implemented by the regulation. 29 * Sec. 44. Section 43 of this Act takes effect immediately under AS 01.10.070(c).