HB 7: "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims."
00HOUSE BILL NO. 7 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 centers for 06 matters involving minors. The administrative director may recognize an entity 07 described in AS 47.12.450(a) as a community dispute resolution center to serve as a 08 center to resolve disputes between minors and victims. Before extending recognition 09 under this section, the administrative director shall determine that the bylaws of the 10 entity set out standards and procedures that meet the requirements of AS 47.12.450(b). 11 * Sec. 2. AS 47.12.040(a) is amended to read: 12 (a) Whenever circumstances subject a minor to the jurisdiction of this chapter, 13 the court shall 14 (1) provide, under procedures adopted by court rule, that, for a minor
01 who is alleged to be a delinquent minor under AS 47.12.020, a state agency shall make 02 a preliminary inquiry to determine if any action is appropriate and may take 03 appropriate action to adjust the matter without a court hearing; if, under this paragraph, 04 (A) the state agency makes a preliminary inquiry and takes 05 appropriate action to adjust the matter without a court hearing, the minor may 06 not be detained or taken into custody as a condition of the adjustment and, 07 subject to AS 47.12.060, the matter shall be closed by the agency if the minor 08 successfully completes all that is required of the minor by the agency in the 09 adjustment; in a municipality or municipalities in which a youth court has been 10 established under AS 47.12.400, adjustment of the matter under this paragraph 11 may include referral to the youth court; if a community dispute resolution 12 center has been established under AS 47.12.450(a) and has obtained 13 recognition under AS 22.35.020 or AS 47.12.450(b), adjustment of the 14 matter under this paragraph may include use of the services of the 15 community dispute resolution center; 16 (B) the agency concludes that the matter may not be adjusted 17 without a court hearing, the agency may file a petition under (2) of this 18 subsection setting out the facts; or 19 (2) appoint a competent person or agency to make a preliminary inquiry 20 and report for the information of the court to determine whether the interests of the 21 public or of the minor require that further action be taken; if, under this paragraph, the 22 court appoints a person or agency to make a preliminary inquiry and to report to it, 23 then upon the receipt of the report, the court may informally adjust the matter without 24 a hearing, or it may authorize the person having knowledge of the facts of the case to 25 file with the court a petition setting out the facts; if the court informally adjusts the 26 matter, the minor may not be detained or taken into the custody of the court as a 27 condition of the adjustment, and the matter shall be closed by the court upon 28 adjustment. 29 * Sec. 3. AS 47.12.120(b) is amended to read: 30 (b) If the court finds that the minor is delinquent, it shall 31 (1) order the minor committed to the department for a period of time
01 not to exceed two years or in any event extend past the day the minor becomes 19 02 years of age, except that the department may petition for and the court may grant in 03 a hearing (A) two-year extensions of commitment that do not extend beyond the 04 minor's 19th birthday if the extension is in the best interests of the minor and the 05 public; and (B) an additional one-year period of supervision past age 19 if continued 06 supervision is in the best interests of the person and the person consents to it; the 07 department shall place the minor in the juvenile facility that the department considers 08 appropriate and that may include a juvenile correctional school, juvenile work camp, 09 treatment facility, detention home, or detention facility; the minor may be released 10 from placement or detention and placed on probation on order of the court and may 11 also be released by the department, in its discretion, under AS 47.12.260; 12 (2) order the minor placed on probation, to be supervised by the 13 department, and released to the minor's parents, guardian, or a suitable person; if the 14 court orders the minor placed on probation, it may specify the terms and conditions 15 of probation; the probation may be for a period of time not to exceed two years and 16 in no event to extend past the day the minor becomes 19 years of age, except that the 17 department may petition for and the court may grant in a hearing 18 (A) two-year extensions of supervision that do not extend 19 beyond the minor's 19th birthday if the extension is in the best interests of the 20 minor and the public; and 21 (B) an additional one-year period of supervision past age 19 if 22 the continued supervision is in the best interests of the person and the person 23 consents to it; 24 (3) order the minor committed to the custody of the department and 25 placed on probation, to be supervised by the department, and released to the minor's 26 parents, guardian, other suitable person, or suitable nondetention setting such as a 27 family home, group care facility, or child care facility, whichever the department 28 considers appropriate to implement the treatment plan of the predisposition report; if 29 the court orders the minor placed on probation, it may specify the terms and conditions 30 of probation; the department may transfer the minor, in the minor's best interests, from 31 one of the probationary placement settings listed in this paragraph to another, and the
01 minor, the minor's parents or guardian, and the minor's attorney are entitled to 02 reasonable notice of the transfer; the probation may be for a period of time not to 03 exceed two years and in no event to extend past the day the minor becomes 19 years 04 of age, except that the department may petition for and the court may grant in a 05 hearing 06 (A) two-year extensions of commitment that do not extend 07 beyond the minor's 19th birthday if the extension is in the best interests of the 08 minor and the public; and 09 (B) an additional one-year period of supervision past age 19 if 10 the continued supervision is in the best interests of the person and the person 11 consents to it; 12 (4) order the minor and the minor's parent to make suitable restitution 13 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 14 under this paragraph, 15 (A) except as provided in (B) of this paragraph, the court may 16 not refuse to make an order of restitution to benefit the victim of the act of the 17 minor that is the basis of the delinquency adjudication; under this 18 subparagraph, the court may require the minor to use the services of a 19 community dispute resolution center that has been recognized by the 20 administrative director of the Alaska Court System under AS 22.35.020 or 21 by the commissioner under AS 47.12.450(b) to resolve any dispute between 22 the minor and the victim of the minor's offense as to the amount of or 23 manner of payment of the restitution; and 24 (B) the court may not order payment of restitution by the parent 25 of a minor who is a runaway or missing minor for an act of the minor that was 26 committed by the minor after the parent has made a report to a law 27 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 28 away or is missing; for purposes of this subparagraph, "runaway or missing 29 minor" means a minor who a parent reasonably believes is absent from the 30 minor's residence for the purpose of evading the parent or who is otherwise 31 missing from the minor's usual place of abode without the consent of the
01 parent; 02 (5) order the minor committed to the department for placement in an 03 adventure based education program established under AS 47.21.020 with conditions 04 the court considers appropriate concerning release upon satisfactory completion of the 05 program or commitment under (1) of this subsection if the program is not satisfactorily 06 completed; 07 (6) in addition to an order under (1) - (5) of this subsection, if the 08 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 09 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 10 purposes of this paragraph, "community service" includes work 11 (A) on a project identified in AS 33.30.901; or 12 (B) that, on the recommendation of the city council or 13 traditional village council, would benefit persons within the city or village who 14 are elderly or disabled; or 15 (7) in addition to an order under (1) - (6) of this subsection, order the 16 minor's parent or guardian to comply with orders made under AS 47.12.155, including 17 participation in treatment under AS 47.12.155(b)(1). 18 * Sec. 4. AS 47.12 is amended by adding a new section to read: 19 Article 3A. Community Dispute Resolution Centers. 20 Sec. 47.12.450. Community dispute resolution centers for matters involving 21 minors. (a) An entity organized for the purpose of providing community mediation 22 services may establish and operate a community dispute resolution center to resolve 23 disputes between minors who are alleged to have committed offenses and the victims 24 of those offenses. 25 (b) The commissioner may recognize an entity organized for the purpose of 26 providing community mediation services as a community dispute resolution center to 27 serve as a center to resolve disputes between minors and victims. Before extending 28 recognition under this subsection, the commissioner shall determine that the bylaws of 29 the entity set out standards and procedures 30 (1) for filing requests for dispute resolution services with the center and 31 for scheduling mediation sessions participated in by the parties to the dispute;
01 (2) to ensure that each dispute mediated meets the criteria for 02 appropriateness for mediation and for rejecting disputes that do not meet the criteria; 03 (3) for giving notice of time, place, and nature of the mediation session 04 to the parties, and for conducting mediation sessions that comply with the provisions 05 of this section; 06 (4) to ensure that participation by all parties is voluntary; 07 (5) for obtaining referrals from public and private bodies; 08 (6) for providing mediators who, during the dispute resolution process, 09 may not make decisions or determinations of the issues involved, but who shall 10 facilitate negotiations by the participants themselves to achieve a voluntary resolution 11 of the issues; 12 (7) for communicating to the agency making a referral under 13 AS 47.12.040(a)(1)(A) or the court making a referral under AS 47.12.120(b)(4)(A), as 14 appropriate, the following: 15 (A) notice that the minor and victim have been unable to enter 16 into a written agreement under (d)(2) of this section or that the minor or victim 17 has withdrawn from mediation as authorized by (f) of this section; 18 (B) notice that the minor and victim have entered into a written 19 agreement under (d)(2) of this section; the center shall transmit a copy of the 20 agreement to the agency or the court, as appropriate; 21 (C) notice that the minor has failed to perform fully the minor's 22 obligations under the written agreement under (d)(2) of this section; 23 (D) notice that the minor has successfully completed all that is 24 required of the minor under the provisions of the written agreement under 25 (d)(2) of this section; and 26 (8) for informing and educating the community about the community 27 dispute resolution center and encouraging the use of the center's services in appropriate 28 cases. 29 (c) A center established under this section shall provide dispute resolution 30 services between a minor who has committed an offense and who, because of the 31 commission of the offense, may be alleged to be a delinquent minor under
01 AS 47.12.020, and a person who was a victim of that offense. The center shall 02 provide dispute resolution services either without charge to a participant or for a fee 03 that is based on the participant's ability to pay. 04 (d) In conducting a dispute resolution process under this section, a center shall 05 require that 06 (1) the minor and the victim enter into a written agreement that 07 expresses the method by which they shall attempt to resolve the issues in dispute; and 08 (2) at the conclusion of the dispute resolution process, the minor and 09 the victim enter into a written agreement that sets out the settlement of the issues and 10 the future responsibilities, if any, of each party. 11 (e) Except for a notice or a communication described in (b)(7) of this section, 12 all memoranda, work notes or products, or case files of centers established under this 13 section are confidential and privileged and are not subject to disclosure in any judicial 14 or administrative proceeding unless the court or administrative tribunal determines that 15 the materials were submitted by a participant to the center for the purpose of avoiding 16 discovery of the material in a subsequent proceeding. Any communication relating to 17 the subject matter of the resolution made during the resolution process by a participant, 18 mediator, or another person is a privileged communication and is not subject to 19 disclosure in a judicial or administrative proceeding unless all parties to the 20 communication waive the privilege. However, privilege and limitation on evidentiary 21 use set out in this subsection do not apply to a communication of a threat that injury 22 or damage may be inflicted on a person or on the property of a party to the dispute 23 to the extent the communication may be relevant evidence in a criminal matter. 24 (f) A minor or a victim who voluntarily enters a dispute resolution process at 25 a center established under this section may revoke consent, withdraw from dispute 26 resolution, and seek judicial or administrative redress before reaching a written 27 resolution agreement. The withdrawal must be in writing. If a minor or a victim 28 withdraws from dispute resolution, a legal penalty, sanction, or restraint may not be 29 imposed upon the person for that withdrawal. 30 (g) A center established under this section may seek and accept contributions 31 and any other available money and may expend the money to carry out the purposes
01 of this section. 02 (h) A member of the board of directors of a community dispute resolution 03 center is immune from suit in a civil action based upon a proceeding or other official 04 act performed in good faith as a member of the board. Employees and volunteers of 05 a community dispute resolution center are immune from suit in a civil action based on 06 a proceeding or other official act performed in their capacity as employees or 07 volunteers, except in cases of wilful or wanton misconduct. A center is immune from 08 suit in a civil action based on a proceeding or other official act performed by its 09 employees, volunteers, or members or its board of directors, except in cases of wilful 10 or wanton misconduct by its employees or volunteers or in cases of official acts 11 performed in bad faith by members of the board. 12 (i) In this section, "center" means a community dispute resolution center.