Section 47.12.315. Public disclosure of information in department records relating to certain minors.

   (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this section, the department shall disclose information to the public, on request, concerning a minor subject to this chapter who was at least 13 years of age at the time of commission of
        (1) a felony offense against a person under AS 11.41;
        (2) arson in the first or second degree;
        (3) burglary in the first degree;
        (4) distribution of child pornography;
        (5) sex trafficking in the first degree;
        (6) misconduct involving a controlled substance in the first or second degrees involving distribution or possession with intent to deliver; or
        (7) misconduct involving weapons in the first through fourth degrees.
   (b) The department may disclose the information authorized in (a) of this section only if a court has adjudicated the minor as delinquent.
   (c) When required by this section to disclose information, the department may disclose only the name of the minor, the name of each legal parent or guardian, the specific offense alleged to have been committed in the petition, and the final outcome of the court proceedings relating to the offense. Before the disclosure, the department shall delete the information that identifies the victim of the offense.
   (d) The department may not disclose the name of an out-of-home care provider with whom the minor was living at the time the minor was alleged to have committed the offense.
   (e) If the department or other state or municipal agency maintains the information to be disclosed by electronic means that can be recovered from a computer database, the department or agency may disclose the information in that medium.
   (f) The department may not release information under this section after five years from the date the department or other agency is first required or authorized to make the disclosure under this section.
   (g) When disclosure is required under this section, the department may petition the court for an order prohibiting the disclosure. The court may grant the petition if, based on information presented in the petition or at an in camera hearing held on the petition, the court finds that
        (1) the crime was an isolated incident and the minor does not present any further danger to the public; or
        (2) the victim agrees that disclosure is inappropriate.
   (h) In this section, unless the context otherwise requires, "out-of-home care provider" means a person, other than the child's legal parents, with whom a child who is in the custody of the state under AS 47.10, AS 47.12, or AS 47.14 is currently placed, including a foster parent, a relative other than a parent, and a person who has petitioned for adoption or guardianship of the child.

Authorities

47.12.025;47.12.310

Notes

Implemented As

7 AAC 52.050
7 AAC 54.300
7 AAC 54.310
7 AAC 54.320
7 AAC 54.330
7 AAC 54.390
7 AAC 54.400
7 AAC 54.410
7 AAC 54.420
7 AAC 54.440
7 AAC 54.450

References

7 AAC 54.390
7 AAC 54.400
AS 47.12.025 Special provisions for certain persons considered to be minors.
AS 47.12.310 Agency records.

History

(Sec. 8, 10 ch 64 SLA 1997; am Sec. 70 ch 35 SLA 2003; am Sec. 4 ch 38 SLA 2012; am Sec. 25 ch 1 TSSLA 2012; am Sec. 168 ch 36 SLA 2016)