00 HOUSE BILL NO. 195 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 renaming the community legal assistance grant fund and amending the purposes 04 for which grants may be made from that fund in order to provide financial 05 assistance for organization and initial operation of youth courts, and relating to 06 young adult advisory panels in the superior court." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. PURPOSE OF ACT; CONSIDERATIONS RELATING TO ITS 09 ADOPTION. (a) The purpose of this Act is to provide a means by which young people 10 under the age of 18, with the concurrence of the juvenile intake unit of the Department of 11 Health and Social Services, may choose to work with their peers and with interested adults 12 in order to resolve their legal problems without receiving a criminal record. 13 (b) The authorization and expansion of the youth court model within the system of 14 juvenile justice made by this Act is prompted by the success enjoyed by the Anchorage Youth 01 Court model since its inception in 1989. In the Anchorage Youth Court model, interested 02 young people and adults, with the generous support and assistance of the juvenile intake 03 office, Department of Health & Social Services, the Alaska Court System, the Alaska Bar 04 Association, the Anchorage Bar Association, law enforcement and school district officials, 05 professionals, and parents, have developed and implemented a mechanism by which to respond 06 to juvenile legal problems and to adjudicate them informally, promptly, and effectively, in a 07 way that is meaningful to the offender, the victim, and the community. 08 (c) This Act is adopted in furtherance of the recommendation expressed in Legislative 09 Resolve 61 adopted by the Seventeenth Alaska State Legislature urging expanded use of youth 10 courts within the state. 11 * Sec. 2. AS 18.05 is amended by adding a new section to read: 12 ARTICLE 2. YOUTH COURTS. 13 Sec. 18.05.100. YOUTH COURTS. (a) Under AS 47.10.020(a)(2), the 14 department may use youth courts to hear, determine, and dispose of cases involving 15 a minor whose alleged act that brings the minor within the jurisdiction of 16 AS 47.10.010 - 47.10.142 constitutes a violation of a state or municipal law. 17 (b) Unless otherwise directed by the commissioner, the jurisdiction of a youth 18 court is coextensive with the boundaries of the municipality in which the youth court 19 is located. Only one youth court may be established within the boundaries of a 20 municipality. Nothing in this subsection prohibits two or more municipalities from 21 operating a single youth court for the municipalities by agreement between them. 22 (c) A nonprofit corporation may obtain recognition from the commissioner to 23 serve as a youth court. The corporation may exercise only the powers that are 24 delegated to a youth court by applicable court rule or by the person or agency 25 appointed by the superior court under AS 47.10.020(a)(2) to make a preliminary 26 inquiry and report for the information of the court, and shall exercise those powers as 27 authorized by the corporation's articles of incorporation and bylaws. The bylaws of 28 the corporation must set out standards and procedures by which the corporation, in its 29 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 44.47.200 is amended to read: 14 Sec. 44.47.200. [COMMUNITY] LEGAL ASSISTANCE AND JUVENILE 15 JUSTICE GRANT FUND. There is created in the department the [COMMUNITY] 16 legal assistance and juvenile justice grant fund. From legislative appropriations to the 17 fund, the department shall make grants 18 (1) to eligible communities and regions for the purpose of enabling 19 them to obtain legal assistance; and 20 (2) to a nonprofit corporation established under AS 18.05.100 to 21 operate as a youth court. 22 * Sec. 4. AS 44.47.210 is amended to read: 23 Sec. 44.47.210. ELIGIBILITY. First and second class cities and 24 unincorporated villages, and regional associations of those communities, may apply to 25 the department for a grant under AS 44.47.200(1) [AS 44.47.200]. Grants shall be 26 made only to those communities or regions that would otherwise be unable to obtain 27 legal assistance. A regional or village corporation formed under 43 U.S.C. 1601 - 28 1608 (Alaska Native Claims Settlement Act) is not eligible for a grant under 29 AS 44.47.200(1) [AS 44.47.200]. 30 * Sec. 5. AS 44.47.210 is amended by adding a new subsection to read: 31 (b) Nonprofit corporations proposing to establish and operate youth courts 01 under AS 18.05.100 may apply to the department for an organizational grant under 02 AS 44.47.200(2). A grant under this subsection must be matched on a dollar-for-dollar 03 basis by the grantee in cash or in kind. The commissioner may waive the match 04 required under this subsection on a showing satisfactory to the commissioner by the 05 prospective applicant that matching funds are not available. 06 * Sec. 6. AS 44.47.220 is amended to read: 07 Sec. 44.47.220. GRANTS. Grants made under AS 44.47.200(1) 08 [AS 44.47.200] shall be used for a single legal project and not for the provision of 09 general legal counsel. The department shall assure that the grant is spent for necessary 10 legal assistance and that appropriate accounting procedures are maintained. Grants 11 made under AS 44.47.200(1) and this subsection may not exceed $20,000. 12 * Sec. 7. AS 44.47.220 is amended by adding a new subsection to read: 13 (b) Grants made under AS 44.47.200(2) shall be used to defray the costs of 14 organization of youth courts under AS 18.50.100. The department shall assure that the 15 grant is spent for necessary organizational assistance and that appropriate accounting 16 procedures are maintained. Grants made under AS 44.47.200(2) and this subsection 17 may not exceed $5,000. Only one grant may be made to a grantee under authority of 18 this subsection. 19 * Sec. 8. AS 47.10.020(a) is amended to read: 20 (a) Whenever a person informs the court of the facts that bring a minor within 21 this chapter, the court shall appoint a competent person or agency to make a 22 preliminary inquiry and report for the information of the court to determine whether 23 the interests of the public or of the minor require that further action be taken. Upon 24 the receipt of the report, the court 25 (1) may informally adjust or dispose of the matter without a hearing; 26 if the court informally adjusts or disposes of the matter under this paragraph, the 27 minor may not be detained or taken into the custody of the court, and the matter 28 shall be closed by the court upon adjustment or disposition; 29 (2) may, upon the recommendation of the person or agency 30 appointed by the court to make a preliminary inquiry and in the manner 31 authorized by AS 18.05.100, provide opportunity for a minor who is brought 01 within AS 47.10.010 - 47.10.142 to request diversion of the matter into a youth 02 court; if the court provides and the minor accepts disposition of the matter by a 03 youth court under this paragraph, 04 (A) the minor may not be detained or taken into the custody 05 of the court; 06 (B) the court may, at the request of the youth court, issue 07 a subpoena to a person whose testimony is required before the youth court, 08 in the manner provided by AS 47.10.030(b); and 09 (C) the matter shall be closed by the court upon disposition 10 by the youth court and successful completion of any sentence 11 recommended by the youth court; or 12 (3) [, OR IT] may authorize the person having knowledge of the facts 13 of the case to file with the court a petition setting out the facts. [WHERE THE 14 COURT INFORMALLY ADJUSTS OR DISPOSES OF THE MATTER, THE MINOR 15 MAY NOT BE DETAINED OR TAKEN INTO THE CUSTODY OF THE COURT, 16 AND THE MATTER SHALL BE CLOSED BY THE COURT UPON ADJUSTMENT 17 OR DISPOSITION.] 18 * Sec. 9. AS 47.10.075(a) is amended to read: 19 (a) Unless the minor objects, in any matter in which the court retains 20 jurisdiction of a minor under AS 47.10.020(a)(3) that proceeds under this chapter 21 on the basis of a petition filed under AS 47.10.020(b) seeking adjudication of the 22 minor as a delinquent, the court may select a young adult advisory panel to hear the 23 case and advise the court of a recommended judgment and order. The court may 24 consider any of the panel recommendations in making its judgment and order in the 25 case. 26 * Sec. 10. AS 47.10.090 is amended by adding a new subsection to read: 27 (d) The provisions of (a) of this section apply to the records of a youth court 28 as to a matter considered and disposed of by the youth court.