CSSB 115(JUD): "An Act relating to confidentiality of information; relating to the duties of the Department of Administration; creating an address confidentiality program; and providing for an effective date."
00 CS FOR SENATE BILL NO. 115(JUD) 01 "An Act relating to confidentiality of information; relating to the duties of the 02 Department of Administration; creating an address confidentiality program; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.61.100 is amended to read: 06 Sec. 12.61.100. Declaration of purpose. The purpose of AS 12.61.100 - 07 12.61.150 is to protect victims of and witnesses to crime, peace officers, correctional 08 officers, and municipal correctional officers from risk of harassment, intimidation, 09 and unwarranted invasion of privacy by prohibiting the unnecessary disclosure of their 10 addresses and telephone numbers. 11 * Sec. 2. AS 12.61.110 is amended to read: 12 Sec. 12.61.110. Confidentiality of victim, [AND] witness, peace officer, 13 correctional officer, and municipal correctional officer addresses and telephone 14 numbers. The residence and business addresses and telephone numbers of a victim of
01 a crime or witness to a crime and the residence address and telephone number of a 02 peace officer, correctional officer, or municipal correctional officer are 03 confidential. A report, paper, picture, photograph, court file, or other document that 04 relates to a crime and contains the residence or business address or telephone number 05 of a victim or witness or that contains the residence address or telephone number 06 of a peace officer, correctional officer, or municipal correctional officer, and that 07 is in the custody or possession of a public officer or employee, may not be made 08 available for public inspection unless the residence and business addresses and 09 telephone numbers of all victims, [AND] witnesses, peace officers, correctional 10 officers, and municipal correctional officers have been deleted. 11 * Sec. 3. AS 12.61.130 is amended to read: 12 Sec. 12.61.130. Disclosure during court proceedings. (a) During a trial or 13 hearing related to a criminal prosecution, the residence and business addresses and 14 telephone numbers of a victim of or witness to the charged offense and the residence 15 address and telephone number of a peace officer, correctional officer, or 16 municipal correctional officer may not be disclosed in open court, and a victim, 17 [OR] witness, peace officer, correctional officer, or municipal correctional officer 18 may not be required to provide the addresses or telephone numbers in response to 19 questioning, unless the court determines that the information is necessary and relevant 20 to the facts of the case. The burden to establish the need and relevance for disclosure is 21 on the party seeking disclosure. Before ordering disclosure, the court shall take 22 appropriate measures to minimize the risk of personal harm to the victim, [OR] 23 witness, peace officer, correctional officer, or municipal correctional officer that 24 would result from the disclosure. 25 (b) The residence address or telephone number of a victim of or witness to a 26 charged offense, peace officer, correctional officer, or municipal correctional 27 officer may not be placed in the court file or court documents relating to that offense 28 except when 29 (1) the address is used to identify the place of the crime; or 30 (2) the address or telephone number is contained in a transcript of a 31 court proceeding and disclosure of the address or telephone number was ordered under
01 (a) of this section. 02 * Sec. 4. AS 12.61.900 is amended by adding new paragraphs to read: 03 (5) "correctional officer" means a person 04 (A) appointed by the commissioner of corrections whose 05 primary duty under AS 33.30 is to provide custody, care, security, control, and 06 discipline of persons charged or convicted of offenses against the state or held 07 under authority of state law; or 08 (B) employed in a correctional facility in this state whose 09 primary duty is to provide custody, care, security, control, and discipline of 10 persons charged or convicted of offenses or held under authority of law; 11 (6) "municipal correctional officer" means a person employed full time 12 in a municipal correctional facility whose primary duty is to provide custody, care, 13 security, control, and discipline of persons charged or convicted of offenses or held 14 under authority of law, and the correctional facility is located in a municipality that 15 has adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285. 16 * Sec. 5. AS 44.21.020 is amended to read: 17 Sec. 44.21.020. Duties of department. The Department of Administration 18 shall 19 (1) make surveys and studies to improve administrative procedures, 20 methods, and organization; 21 (2) keep general accounts; 22 (3) approve vouchers and disburse funds for all purposes; 23 (4) operate centralized purchasing and supply services, and necessary 24 storerooms and warehouses; 25 (5) allot space in state buildings to the various departments according 26 to need and available space; 27 (6) supervise telephone, mailing, messenger, duplicating, and similar 28 services adaptable to centralized management; 29 (7) administer the public employees' retirement system and teachers' 30 retirement system; 31 (8) administer a statewide personnel program, including central
01 personnel services such as recruitment, assessment, position classification, and pay 02 administration; 03 (9) administer and supervise a statewide automatic data processing 04 program; 05 (10) study, design, implement, and manage the telecommunications 06 systems and services of the state under AS 44.21.305 - 44.21.330; 07 (11) [REPEALED]; 08 (12) establish and administer the address confidentiality program 09 under AS 44.21.022. 10 * Sec. 6. AS 44.21 is amended by adding a new section to read: 11 Sec. 44.21.022. Address confidentiality program. (a) The address 12 confidentiality program is established in the department to protect the confidentiality 13 of the address of an individual enrolled in the program. 14 (b) The department shall 15 (1) establish and administer the program; 16 (2) designate a post office box as a substitute mailing address for an 17 individual enrolled in the program; 18 (3) forward the mail of an individual enrolled in the program from the 19 post office box designated under (2) of this subsection to the individual's residential 20 street address, post office box, school address, or work address as specified on the 21 individual's application for enrollment in the program; 22 (4) maintain the confidentiality of the address of an individual enrolled 23 in the program; and 24 (5) adopt regulations establishing a procedure for a qualified individual 25 under (c) of this section to enroll in or withdraw from the program. 26 (c) The following individuals may enroll in the program: 27 (1) a victim of a crime involving domestic violence, stalking, or sexual 28 assault, if a court has issued a protective order on behalf of the victim; 29 (2) a guardian of a minor, if a court has issued a protective order on 30 behalf of the minor; 31 (3) a protected person, if a court has issued a protective order for that
01 person under AS 13.26.450 - 13.26.460; 02 (4) a peace officer; and 03 (5) a correctional officer. 04 (d) A state or municipal agency shall allow an individual enrolled in the 05 program to use the post office box designated by the department under (b)(2) of this 06 section as the individual's mailing address. 07 (e) The department shall remove an individual enrolled in the program under 08 (c)(1), (2), or (3) of this section from the program five years after the expiration of the 09 protective order issued on behalf of the victim or minor. The department shall remove 10 an individual enrolled in the program under (c)(4) or (5) of this section from the 11 program five years after the last day the individual is employed as a peace officer or 12 correctional officer. 13 (f) The department may not collect a registration fee from an individual 14 qualified under (c) of this section to enroll in the program. 15 (g) The department shall disclose an individual's address to a peace officer in 16 response to a search warrant issued by a state or federal court. 17 (h) A person who discloses information that is confidential under this section 18 about an individual enrolled in the program under (c)of this section is guilty of a class 19 B misdemeanor if the person 20 (1) is authorized to access the address confidentiality program database 21 and recklessly discloses the information to the respondent of a protective order; 22 (2) is not authorized to access the address confidentiality program 23 database and knowingly discloses the information to the respondent of a protective 24 order. 25 (i) In this section, 26 (1) "correctional officer" means a person 27 (A) appointed by the commissioner of corrections whose 28 primary duty under AS 33.30 is to provide custody, care, security, control, and 29 discipline of persons charged or convicted of offenses against the state or held 30 under authority of state law; 31 (B) employed in a correctional facility in this state whose
01 primary duty is to provide custody, care, security, control, and discipline of 02 persons charged or convicted of offenses or held under authority of law; or 03 (C) employed full time in a municipal correctional facility 04 whose primary duty is to provide custody, care, security, control, and 05 discipline of persons charged or convicted of offenses or held under authority 06 of law, and the correctional facility is located in a municipality that has 07 adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285; 08 (2) "crime involving domestic violence" has the meaning given in 09 AS 18.66.990; 10 (3) "department" means the Department of Administration; 11 (4) "peace officer" has the meaning given in AS 01.10.060; 12 (5) "program" means the address confidentiality program. 13 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: REGULATIONS. The Department of Administration may adopt 16 regulations necessary to implement AS 44.21.022, enacted by sec. 6 of this Act. The 17 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 18 effective date of the law being implemented by the regulation. 19 * Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 20 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect February 1, 2023.