(d) Notwithstanding (a) of this section, a court hearing on a petition seeking the adjudication of a minor as a delinquent shall be open to the public, except as prohibited or limited by order of the court, if
(1) the department files with the court a motion asking the court to open the hearing to the public, and the petition seeking adjudication of the minor as a delinquent is based on
- (A) the minor's alleged commission of an offense, and the minor has knowingly failed to comply with all the terms and conditions required of the minor by the department or imposed on the minor in a court order entered under AS 47.12.040(a)(2) or 47.12.120;
(B) the minor's alleged commission of
- (i) a crime against a person that is punishable as a felony;
- (ii) a crime in which the minor employed a deadly weapon, as that term is defined in AS 11.81.900(b), in committing the crime;
- (iii) arson under AS 11.46.400 — 11.46.410;
- (iv) burglary under AS 11.46.300;
- (v) distribution of child sexual abuse material under AS 11.61.125;
- (vi) sex trafficking in the first degree under AS 11.66.110; or
- (vii) misconduct involving a controlled substance under AS 11.71 involving the delivery of a controlled substance or the possession of a controlled substance with intent to deliver, other than an offense under AS 11.71.040 or 11.71.050; or
- (C) the minor's alleged commission of a felony and the minor was 16 years of age or older at the time of commission of the offense when the minor has previously been convicted or adjudicated a delinquent minor based on the minor's commission of an offense that is a felony; or
- (2) the minor agrees to a public hearing on the petition seeking adjudication of the minor as a delinquent.