CSHB 195(HES): "An Act authorizing youth courts by which to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, establishing a juvenile justice grant fund and authorizing grants from that fund in order to provide financial assistance for organization and initial operation of youth courts, and relating to young adult advisory panels in the superior court."
00CS FOR HOUSE BILL NO. 195(HES) 01 "An Act authorizing youth courts by which to provide for peer adjudication of 02 minors who have allegedly committed violations of state or municipal laws, 03 establishing a juvenile justice grant fund and authorizing grants from that fund 04 in order to provide financial assistance for organization and initial operation of 05 youth courts, and relating to young adult advisory panels in the superior court." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. PURPOSE OF ACT; CONSIDERATIONS RELATING TO ITS ADOPTION. 08 (a) The purpose of this Act is to provide a means by which young people under the age of 09 18, with the concurrence of the juvenile intake unit of the Department of Health and Social 10 Services, may choose to work with their peers and with interested adults in order to resolve 11 their legal problems without receiving a criminal record. 12 (b) The authorization and expansion of the youth court model within the system of 13 juvenile justice made by this Act is prompted by the success enjoyed by the Anchorage Youth 14 Court model since its inception in 1989. In the Anchorage Youth Court model, interested
01 young people and adults, with the generous support and assistance of the juvenile intake 02 office, Department of Health & Social Services, the Alaska Court System, the Alaska Bar 03 Association, the Anchorage Bar Association, law enforcement and school district officials, 04 professionals, and parents, have developed and implemented a mechanism by which to respond 05 to juvenile legal problems and to adjudicate them informally, promptly, and effectively, in a 06 way that is meaningful to the offender, the victim, and the community. 07 (c) This Act is adopted in furtherance of the recommendation expressed in Legislative 08 Resolve 61 adopted by the Seventeenth Alaska State Legislature urging expanded use of youth 09 courts within the state. 10 * Sec. 2. AS 18.05 is amended by adding a new section to read: 11 ARTICLE 2. YOUTH COURTS. 12 Sec. 18.05.100. YOUTH COURTS. (a) Under AS 47.10.020(a)(2), the 13 department may use youth courts to hear, determine, and dispose of cases involving 14 a minor whose alleged act that brings the minor within the jurisdiction of 15 AS 47.10.010 - 47.10.142 constitutes a violation of a state or municipal law. 16 (b) Unless otherwise directed by the commissioner, the jurisdiction of a youth 17 court is coextensive with the boundaries of the municipality in which the youth court 18 is located. Only one youth court may be established within the boundaries of a 19 municipality. Nothing in this subsection prohibits two or more municipalities from 20 operating a single youth court for the municipalities by agreement between them. 21 (c) A person may obtain recognition from the commissioner to serve as a 22 youth court. The person who obtains recognition from the commissioner may exercise 23 only the powers that are delegated to a youth court by applicable court rule or by the 24 person or agency appointed by the superior court under AS 47.10.020(a)(2) to make 25 a preliminary inquiry and report for the information of the court, and shall exercise 26 those powers as authorized by the commissioner, or if the person is a corporation, as 27 authorized by the corporation's articles of incorporation and bylaws. The bylaws of 28 the corporation or authorization of the commissioner must set out standards and 29 procedures by which the person, in its capacity as a youth court, 30 (1) guarantees the constitutional rights of the juvenile that are 31 guaranteed by the state and federal constitutions;
01 (2) may secure jurisdiction over a juvenile; 02 (3) sets out the process for disposing of matters referred to it for 03 resolution; 04 (4) provides a process for appeal of a verdict or sentence, and defines 05 the basis for appeals; and 06 (5) prepares and delivers a report of the disposition of the matter 07 referred to it for resolution to the person or agency that had referred the matter. 08 (d) In any matter brought under AS 47.10.010 - 47.10.142 that proceeds as 09 authorized by AS 47.10.020(a)(2) within a municipality in which a youth court has 10 been established, the superior court may permit or direct the person or agency whom 11 the court has appointed to conduct a preliminary inquiry in a case to refer the case to 12 a youth court that has jurisdiction over the minor. 13 * Sec. 3. AS 44.47 is amended by adding new sections to read: 14 ARTICLE 4A. JUVENILE JUSTICE GRANT FUND. 15 Sec. 44.47.235. JUVENILE JUSTICE GRANT FUND. There is created in the 16 department the juvenile justice grant fund. From legislative appropriations to the fund, 17 the department shall make grants to persons eligible under AS 18.05.100 to operate as 18 a youth court. 19 Sec. 44.47.240. ELIGIBILITY. Persons proposing to establish and operate 20 youth courts under AS 18.05.100 may apply to the department for an organizational 21 grant under AS 44.47.235. A grant under this section must be matched on a dollar-for-dollar basis by the grantee in 22 cash or in kind. The commissioner may waive the match 23 required under this section on a showing satisfactory to the commissioner by the 24 prospective applicant that the match is not available. 25 Sec. 44.47.245. GRANTS. Grants made under AS 44.47.235 shall be used to 26 defray the costs of organization of youth courts under AS 18.50.100. The department 27 shall assure that the grant is spent for necessary organizational assistance and that 28 appropriate accounting procedures are maintained. Grants made under AS 44.47.235 29 and this section may not exceed $5,000. Only one grant may be made to a grantee 30 under authority of this section. 31 Sec. 44.47.249. REGULATIONS. The department shall adopt regulations to
01 carry out the purposes of AS 44.47.235 - 44.47.249. 02 * Sec. 4. AS 47.10.020(a) is amended to read: 03 (a) Whenever a person informs the court of the facts that bring a minor within 04 this chapter, the court shall appoint a competent person or agency to make a 05 preliminary inquiry and report for the information of the court to determine whether 06 the interests of the public or of the minor require that further action be taken. Upon 07 the receipt of the report, the court 08 (1) may informally adjust or dispose of the matter without a hearing; 09 if the court informally adjusts or disposes of the matter under this paragraph, the 10 minor may not be detained or taken into the custody of the court, and the matter 11 shall be closed by the court upon adjustment or disposition; 12 (2) may, upon the recommendation of the person or agency 13 appointed by the court to make a preliminary inquiry and in the manner 14 authorized by AS 18.05.100, provide opportunity for a minor who is brought 15 within AS 47.10.010 - 47.10.142 to request diversion of the matter into a youth 16 court; if the court provides and the minor accepts disposition of the matter by a 17 youth court under this paragraph, 18 (A) the minor may not be detained or taken into the custody 19 of the court; 20 (B) the court may, at the request of the youth court, issue 21 a subpoena to a person whose testimony is required before the youth court, 22 in the manner provided by AS 47.10.030(b); and 23 (C) the matter shall be closed by the court upon disposition 24 by the youth court and successful completion of any sentence 25 recommended by the youth court; or 26 (3) [, OR IT] may authorize the person having knowledge of the facts 27 of the case to file with the court a petition setting out the facts. [WHERE THE 28 COURT INFORMALLY ADJUSTS OR DISPOSES OF THE MATTER, THE MINOR 29 MAY NOT BE DETAINED OR TAKEN INTO THE CUSTODY OF THE COURT, 30 AND THE MATTER SHALL BE CLOSED BY THE COURT UPON ADJUSTMENT 31 OR DISPOSITION.]
01 * Sec. 5. AS 47.10.075(a) is amended to read: 02 (a) Unless the minor objects, in any matter in which the court retains 03 jurisdiction of a minor under AS 47.10.020(a)(3) that proceeds under this chapter 04 on the basis of a petition filed under AS 47.10.020(b) seeking adjudication of the 05 minor as a delinquent, the court may select a young adult advisory panel to hear the 06 case and advise the court of a recommended judgment and order. The court may 07 consider any of the panel recommendations in making its judgment and order in the 08 case. 09 * Sec. 6. AS 47.10.090 is amended by adding a new subsection to read: 10 (d) The provisions of (a) of this section apply to the records of a youth court 11 as to a matter considered and disposed of by the youth court.