SB 91 — An Act relating to the duties of the commissioner of corrections; relating to the detention of minors; relating to minors subject to adult courts; relating to the placement of minors in adult correctional facilities; and providing for an effective date.

32-GS1576\I32-GS1576\A CS FOR SENATE BILL NO.

91(HSS)91 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE SENATE HEALTHRULES ANDCOMMITTEE SOCIALBY SERVICESREQUEST COMMITTEEOF Referred:THE GOVERNOR Introduced:

State2/22/21 AffairsReferred: Sponsor(s):

SENATEHealth RULES& COMMITTEESocial BYServices, REQUESTState OFAffairs THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to the duties of the commissioner of corrections;

(3) for persons committed to the custody of the commissioner, establish programs, including furlough programs that are reasonably calculated to SB0091BSB0091A -1- CSSBSB 91(HSS)91 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I32-GS1576\A (A) protect the public and the victims of crimes committed by prisoners;

CSSBSB 91(HSS)91 -2- SB0091BSB0091A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I32-GS1576\A (8) establish a procedure that provides for each prisoner required to serve an active term of imprisonment of 90 days or more a written case plan that (A) takes effect and is provided to the prisoner within 90 days after sentencing;

SB0091BSB0091A -3- CSSBSB 91(HSS)91 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I32-GS1576\A (10) for offenders under electronic monitoring, establish (A) minimum standards for electronic monitoring, which may include the requirement of active, real-time monitoring using global positioning systems;

[AND]and (12) provide to the legislature, by electronic means, by January 10 preceding the first regular session of each legislature, a report summarizing the findings and results of the program established under (7) of this subsection;

and (13) enter into anagreements agreement with the Department of Health and Social Services, consistent with the provisions of AS 47.12.105, for the detention and care of aminors minorcommitted whoto isthe waivedcustody intoof adultthe courtdepartment under AS 47.12.03047.12.030(a) orand 47.12.100.

(c) A minor may be taken into emergency protective custody by a peace officer and placed into temporary detention in a juvenile detention home in the local community if there has been an order issued by a court under (k) of this section [A FINDING OF PROBABLE CAUSE THAT (1) THE MINOR IS A RUNAWAY IN WILFUL VIOLATION OF A VALID COURT ORDER ISSUED UNDER AS 47.10.080(c)(1),47.10.080(C)(1), 47.10.142(f),47.10.142(F), AS 47.12.120(b)(1)47.12.120(B)(1) OR (3), OR 47.12.250(d),47.12.250(D), (2) THE MINOR'S CURRENT SITUATION POSES A SEVERE AND IMMINENT CSSBSB 91(HSS)91 -4- SB0091BSB0091A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I32-GS1576\A RISK TO THE MINOR'S LIFE OR SAFETY, AND (3) NO REASONABLE PLACEMENT ALTERNATIVE EXISTS WITHIN THE COMMUNITY].

A minor taken into emergency protective custody under this subsection may not be detained for more than 24 hours, except as provided under (k)AS of47.12.250. this section [AS 47.12.250].

An order issued under this subsection (1) must include a finding ofor probable cause that the minor is a runaway in wilfulwillful violation of a court orderorder, and identify the court order the minor has violated;

(4) must include findings of fact to support a determination that there is notno an appropriate, less restrictive alternative available to placing the minor in a juvenile detention homehome, available, with due consideration to the best interests of the minor;

(5) must include a plan for the minor's release from the juvenile detention home inwithin the least amount of time necessary, not to exceed seven days unless otherwise specified by the court;

SB0091BSB0091A -5- CSSBSB 91(HSS)91 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I32-GS1576\A (c) The provisions of this chapter apply to the detention and care of a person who is alleged to have committed a violation of a criminal law of the state or local government, subject to the provisions of AS 47.12.030(a), 47.12.100, and 47.12.105.

Except as provided in AS 47.12.025, the provisions of this chapter apply to a person who is 18 years of age or older and who is subject to the jurisdiction of this chapter due [SOLELY] to AS 47.12.020(b) or (c).47.12.020(c).

To implement AS 47.12.020(b)47.12.020(b), and47.12.020(c), (c) and this section, the term "minor" as used in this chapter includes a person described in this section.

SubjectExcept toas theprovided provisionsin of AS 47.12.105, the [THE] minor shall be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult.

(3) that is a class B felony and the felony is a crime againsta person in which the minor is alleged to have used a deadly weapon in the commission of the offense and the minor was previously adjudicated as a delinquent or convicted as an CSSBSB 91(HSS)91 -6- SB0091BSB0091A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I32-GS1576\A adult, in this or another jurisdiction, as a result of an offense that involved use of a deadly weapon in the commission of a crime against a person or an offense in another jurisdiction having elements substantially identical to those of a crime against a person, and the previous offense was punishable as a felony;

in this paragraph, "deadly“deadly weapon"weapon” has the meaning given in AS 11.81.900(b);

DetentionMinor ofoffenders minorssubject waivedto into adult court.

(a) Except as provided in AS(b) 47.12.240,and (c) of this section, the department,department byshall agreemententer into agreements with the Department of Corrections,Corrections shallfor detainthe detention and care forof waivedminors minors.subject to the provisions of AS 47.12.030(a) or 47.12.100.

TheA departmentminor shall transferbe atransferred waived minor to a facility operated by the Department of Corrections when the waived minor reachesturns 18 years of age.

(b) Except as provided in (c) of this section, a waived minor held inia annn adult correctional facility for more than four hours to attend court proceedings mustshall be separated by sight and sound from adult offenders.

(c) If there is notno an available juvenile detention facility inor a communityminor whereposes a trialserious issecurity beingrisk, held or if a juvenilecourt facility is inappropriate for a waived minor, the department may request that the court order, in the interest of justice, that a waived minor be held in an adult correctional facility with or without sight and sound separation from adult offenders.

In making this decision, the court shall consider SB0091B -7- CSSB 91(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I (1) the age of the waived minor;

SB0091A -7- SB 91 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\A (2) the physical and mental maturity of the waived minor;

(3) the present mental state ofofthe the waived minor, including whether the waived minor presents an imminent risk of harm to self;the minor;

(5) the waived minor's history of prior delinquent acts;

(6) the relative ability of an available adult or juvenile detention facility to both meet the specific needs of the waived minor and protect the safety of the public and other detained minors;

(d) If a court determines under (c) of this section that it is in the interest of justice to permit a waived minor to be held in an adult correctional facility, (1) the departmentcourt shall requesthold a hearing not less than once every 30 days to review the determination that the waived minor may be held under the ordered circumstances;

(2) thea waived minor may not be held in an adult correctional facility, or permitted to have sight or sound contact with adult offenders,offenders for more than 180 days, unless the courtcourt, determines in writingwriting, determines that there is good cause for an extension or the waived minor expressly waives this limitation.

(e) A waived minor detained under (a) of this section shall be detained in a secure juvenile facility and receive credit, including acredit good time deduction under AS 33.20.010, for time spent in a department facility pending trial, sentencing, or appeal, if the detention is in connection with an offense for which a sentence is imposed.

(f) A waived minor who is detained in an adult correctional facility under (c) of this section is entitled to counsel at a review hearing held under (d) of this section.

(g) In this section, "waived minor" means an individual who commits an offense while under the age of 18 and is waived into adult court under AS 47.12.030 or 47.12.100.

(a) When a minor is committed to the department under AS 47.12.120(b)(1) CSSB 91(HSS) -8- SB0091B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I or (3) or 47.12.240,47.12.240 to the department, detained by the department on behalf of the Department of Corrections under AS 33.30.011 and AS 47.12.105, [TO THE DEPARTMENT] or released under AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable person, a relationship of legal custody exists.

This relationship imposes on the state [DEPARTMENT] and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the minor, the determination of where and with whom the minor shall live, the right and duty to protect, train, and discipline the minor, and the duty of providing the minor with food, shelter, education, SB 91 -8- SB0091A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\A and medical care.

SB0091B -9- CSSB 91(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1576\I The court shall make written findings to support its order.

AS 47.12.240(c) is amended to read:

(c) Notwithstanding (a) of this section, a minor may be incarcerated in a correctional facility [(1)] if the minor is arrested for criminal charges under AS 47.12.030(a), if the minor is the subject of a petition filed with the court under this chapter seeking adjudication of the minor as a delinquent minor, or if the minor is in official detention pending the filing of that petition;