SCS CSHB 379(JUD): "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims."
00SENATE CS FOR CS FOR HOUSE BILL NO. 379(JUD) 01 "An Act authorizing establishment of community dispute resolution centers to 02 foster the resolution of disputes between juvenile offenders and their victims." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 22.35 is amended by adding a new section to read: 05 Sec. 22.35.020. RECOGNITION OF COMMUNITY DISPUTE RESOLUTION 06 CENTERS FOR MATTERS INVOLVING MINORS. The administrative director may 07 recognize an entity described in AS 47.10.267(a) as a community dispute resolution 08 center to serve as a center to resolve disputes between minors and victims. Before 09 extending recognition under this section, the administrative director shall determine that 10 the bylaws of the entity set out standards and procedures that meet the requirements of 11 AS 47.10.267(b). 12 * Sec. 2. AS 47.10.020(a) is amended to read: 13 (a) Whenever circumstances subject a minor to the jurisdiction of 14 AS 47.10.010 - 47.10.142, the court shall
01 (1) provide, under procedures adopted by court rule, that, for a minor 02 who is alleged to be a delinquent minor under AS 47.10.010(a)(1), a state agency shall 03 make a preliminary inquiry to determine if any action is appropriate and may take 04 appropriate action to adjust or dispose of the matter without a court hearing; if, under 05 this paragraph, 06 (A) the state agency makes a preliminary inquiry and takes 07 appropriate action to adjust or dispose of the matter without a court hearing, 08 the minor may not be detained or taken into custody as a condition of the 09 adjustment or disposition and, subject to (d) of this section, the matter shall be 10 closed by the agency if the minor successfully completes all that is required of 11 the minor by the agency in the adjustment or disposition; in a municipality or 12 municipalities in which a youth court has been established under AS 47.10.265, 13 adjustment or disposition of the matter under this paragraph may include 14 referral to the youth court; if a community dispute resolution center has 15 been established under AS 47.10.267(a) and has obtained recognition under 16 AS 22.35.020 or AS 47.10.267(b), adjustment or disposition of the matter 17 under this paragraph may include use of the services of the community 18 dispute resolution center; 19 (B) the agency concludes that the matter may not be adjusted 20 or disposed of without a court hearing, the agency may file a petition under (2) 21 of this subsection setting out the facts; or 22 (2) appoint a competent person or agency to make a preliminary inquiry 23 and report for the information of the court to determine whether the interests of the 24 public or of the minor require that further action be taken; if, under this paragraph, the 25 court appoints a person or agency to make a preliminary inquiry and to report to it, 26 then upon the receipt of the report, the court may informally adjust or dispose of the 27 matter without a hearing, or it may authorize the person having knowledge of the facts 28 of the case to file with the court a petition setting out the facts; if the court informally 29 adjusts or disposes of the matter, the minor may not be detained or taken into the 30 custody of the court as a condition of the adjustment or disposition, and the matter 31 shall be closed by the court upon adjustment or disposition.
01 * Sec. 3. AS 47.10.080(b) is amended to read: 02 (b) If the court finds that the minor is delinquent, it shall 03 (1) order the minor committed to the department for a period of time 04 not to exceed two years or in any event extend past the day the minor becomes 19, 05 except that the department may petition for and the court may grant in a hearing (A) 06 two-year extensions of commitment that do not extend beyond the child's 19th 07 birthday if the extension is in the best interests of the minor and the public; and (B) 08 an additional one-year period of supervision past age 19 if continued supervision is in 09 the best interests of the person and the person consents to it; the department shall place 10 the minor in the juvenile facility that the department considers appropriate and that 11 may include a juvenile correctional school, juvenile work camp, treatment facility, 12 detention home, or detention facility; the minor may be released from placement or 13 detention and placed on probation on order of the court and may also be released by 14 the department, in its discretion, under AS 47.10.200; 15 (2) order the minor placed on probation, to be supervised by the 16 department, and released to the minor's parents, guardian, or a suitable person; if the 17 court orders the minor placed on probation, it may specify the terms and conditions 18 of probation; the probation may be for a period of time, not to exceed two years and 19 in no event extend past the day the minor becomes 19, except that the department may 20 petition for and the court may grant in a hearing 21 (A) two-year extensions of supervision that do not extend 22 beyond the child's 19th birthday if the extension is in the best interests of the 23 minor and the public; and 24 (B) an additional one-year period of supervision past age 19 if 25 the continued supervision is in the best interests of the person and the person 26 consents to it; 27 (3) order the minor committed to the department and placed on 28 probation, to be supervised by the department, and released to the minor's parents, 29 guardian, other suitable person, or suitable nondetention setting such as a family home, 30 group care facility, or child care facility, whichever the department considers 31 appropriate to implement the treatment plan of the predisposition report; if the court
01 orders the minor placed on probation, it may specify the terms and conditions of 02 probation; the department may transfer the minor, in the minor's best interests, from 03 one of the probationary placement settings listed in this paragraph to another, and the 04 minor, the minor's parents or guardian, and the minor's attorney are entitled to 05 reasonable notice of the transfer; the probation may be for a period of time, not to 06 exceed two years and in no event extend past the day the minor becomes 19, except 07 that the department may petition for and the court may grant in a hearing 08 (A) two-year extensions of commitment that do not extend 09 beyond the child's 19th birthday if the extension is in the best interests of the 10 minor and the public; and 11 (B) an additional one-year period of supervision past age 19 if 12 the continued supervision is in the best interests of the person and the person 13 consents to it; 14 (4) order the minor to make suitable restitution in lieu of or in addition 15 to the court's order under (1) - (3) [(1), (2), OR (3)] of this subsection; the court may 16 not refuse to make an order of restitution under this paragraph to benefit the victim of 17 the act of the minor that is the basis of the delinquency adjudication; the court may 18 require the minor to use the services of a community dispute resolution center 19 that has been recognized by the administrative director of the Alaska Court 20 System under AS 22.35.020 or by the commissioner under AS 47.10.267(b) to 21 resolve any dispute between the minor and the victim of the minor's offense as 22 to the amount of or manner of payment of restitution; 23 (5) order the minor committed to the department for placement in an 24 adventure based education program established under AS 47.21.020 with conditions 25 the court considers appropriate concerning release upon satisfactory completion of the 26 program or commitment under (1) of this subsection if the program is not satisfactorily 27 completed; or 28 (6) in addition to an order under (1) - (5) of this subsection, if the 29 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 30 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 31 purposes of this paragraph, "community service" includes work
01 (A) defined as community service under AS 33.30.901; or 02 (B) that, on the recommendation of the city council or 03 traditional village council, would benefit persons within the city or village who 04 are elderly or disabled. 05 * Sec. 4. AS 47.10 is amended by adding a new section to read: 06 Sec. 47.10.267. COMMUNITY DISPUTE RESOLUTION CENTERS FOR 07 MATTERS INVOLVING MINORS. (a) An entity organized for the purpose of 08 providing community mediation services may establish and operate a community 09 dispute resolution center to resolve disputes between minors who are alleged to have 10 committed offenses and the victim of those offenses. 11 (b) The commissioner may recognize an entity organized for the purpose of 12 providing community mediation services as a community dispute resolution center to 13 serve as a center to resolve disputes between minors and victims. Before extending 14 recognition under this subsection, the commissioner shall determine that the bylaws of 15 the entity set out standards and procedures 16 (1) for filing requests for dispute resolution services with the center and 17 for scheduling mediation sessions participated in by the parties to the dispute; 18 (2) to ensure that each dispute mediated meets the criteria for 19 appropriateness for mediation and for rejecting disputes that do not meet the criteria; 20 (3) for giving notice of time, place, and nature of the mediation session 21 to the parties, and for conducting mediation sessions that comply with the provisions 22 of this section; 23 (4) to ensure that participation by all parties is voluntary; 24 (5) for obtaining referrals from public and private bodies; 25 (6) for providing mediators who, during the dispute resolution process, 26 may not make decisions or determinations of the issues involved, but who shall 27 facilitate negotiations by the participants themselves to achieve a voluntary resolution 28 of the issues; 29 (7) for communicating to the agency making a referral under 30 AS 47.10.020(a)(1)(A) or the court making a referral under AS 47.10.080(b)(4), as 31 appropriate, the following:
01 (A) notice that the minor and victim have been unable to enter 02 into a written agreement under (d)(2) of this section or that the minor or victim 03 has withdrawn from mediation as authorized by (f) of this section; 04 (B) notice that the minor and victim have entered into a written 05 agreement under (d)(2) of this section; the center shall transmit a copy of the 06 agreement to the agency or the court, as appropriate; 07 (C) notice that the minor has failed to perform fully the minor's 08 obligations under the written agreement under (d)(2) of this section; 09 (D) notice that the minor has successfully completed all that is 10 required of the minor under the provisions of the written agreement under 11 (d)(2) of this section; and 12 (8) for informing and educating the community about the community 13 dispute resolution center and encouraging the use of the center's services in appropriate 14 cases. 15 (c) A center established under this section shall provide dispute resolution 16 services between a minor who has committed an offense and who, because of the 17 commission of the offense, may be alleged to be a delinquent minor under 18 AS 47.10.010(a)(1), and a person who was a victim of that offense. The center shall 19 provide dispute resolution services either without charge to a participant or for a fee 20 that is based on the participant's ability to pay. 21 (d) In conducting a dispute resolution process under this section, a center shall 22 require that 23 (1) the minor and the victim enter into a written agreement that 24 expresses the method by which they shall attempt to resolve the issues in dispute; and 25 (2) at the conclusion of the dispute resolution process, the minor and 26 the victim enter into a written agreement that sets out the settlement of the issues and 27 the future responsibilities, if any, of each party. 28 (e) Except for a notice or a communication described in (b)(7) of this section, 29 all memoranda, work notes or products, or case files of centers established under this 30 section are confidential and privileged and are not subject to disclosure in any judicial 31 or administrative proceeding unless the court or administrative tribunal determines that
01 the materials were submitted by a participant to the center for the purpose of avoiding 02 discovery of the material in a subsequent proceeding. Any communication relating to 03 the subject matter of the resolution made during the resolution process by a participant, 04 mediator, or another person is a privileged communication and is not subject to 05 disclosure in a judicial or administrative proceeding unless all parties to the 06 communication waive the privilege. However, privilege and limitation on evidentiary 07 use set out in this subsection do not apply to a communication of a threat that injury 08 or damage may be inflicted on a person or on the property of a party to the dispute 09 to the extent the communication may be relevant evidence in a criminal matter. 10 (f) A minor or a victim who voluntarily enters a dispute resolution process at 11 a center established under this chapter may revoke consent, withdraw from dispute 12 resolution, and seek judicial or administrative redress before reaching a written 13 resolution agreement. The withdrawal shall be in writing. If a minor or a victim 14 withdraws from dispute resolution, a legal penalty, sanction, or restraint may not be 15 imposed upon the person for that withdrawal. 16 (g) A center established under this section may seek and accept contributions 17 and any other available money and may expend the money to carry out the purposes 18 of this section. 19 (h) A member of the board of directors of a community dispute resolution 20 center is immune from suit in a civil action based upon a proceeding or other official 21 act performed in good faith as a member of the board. Employees and volunteers of 22 a community dispute resolution center are immune from suit in a civil action based on 23 a proceeding or other official act performed in their capacity as employees or 24 volunteers, except in cases of wilful or wanton misconduct. A center is immune from 25 suit in a civil action based on a proceeding or other official act performed by its 26 employees, volunteers, or members or its board of directors, except in cases of wilful 27 or wanton misconduct by its employees or volunteers or in cases of official acts 28 performed in bad faith by members of the board. 29 (i) In this section, "center" means a community dispute resolution center. 30 * Sec. 5. REVISOR'S INSTRUCTION. In the event SCS CSSSHB 387(JUD), passed by 31 the Nineteenth Alaska State Legislature, becomes law, the amendment to AS 47.10.020(a)
01 made in sec. 2 of this Act shall be treated as an amendment to AS 47.12.040; the amendment 02 to AS 47.10.080(b) made in sec. 3 of this Act shall be treated as an amendment to 03 AS 47.12.120; and AS 47.10.267, enacted by sec. 4 of this Act, shall be renumbered by the 04 revisor to place it in AS 47.12, with conforming changes made to AS 22.35.020, enacted by 05 sec. 1 of this Act.