00HOUSE BILL NO. 358                                                                                                    
01 "An Act relating to youth courts; and relating to adjudication of certain minors                                        
02 by youth courts and deferral of court proceedings related to those minors."                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 12.45 is amended by adding a new section to read:                                                 
05 Article 4.  Referral of Minor to Youth Court for Certain Offenses.                                                    
06  Sec. 12.45.200.  Referral of minor to youth court for certain offenses.  (a)                                        
07 With the consent of the minor, a court may defer further proceedings against a minor                                    
08 whose alleged act constitutes a violation of a provision listed in (c) of this section and                              
09 refer the minor to a youth court for disposition.  A deferral under this section may not                                
10 be for a period of more than one year.                                                                                  
11  (b)  The youth court shall prepare and deliver a report of the disposition of                                         
12 each matter referred to it under this section.  If the minor complies with all                                          
13 requirements ordered by the youth court as part of the sentence imposed on the minor,                                   
14 the court shall dismiss the charge against the minor.  If a minor fails, without good                                   

01 cause, to comply with all requirements ordered by the youth court as part of the                                        
02 sentence imposed on the minor, the youth court shall refer the minor back to the court                                  
03 that deferred action under this section.  If a minor is referred back to the court for                                  
04 failure to comply with the requirements of the youth court or the minor fails to                                        
05 complete those requirements in the time set for a deferral under this section, the court                                
06 shall continue with the proceedings against the minor as if the deferral had not                                        
07 occurred.                                                                                                               
08  (c)  This section applies to an alleged act that constitutes a violation of                                           
09 AS 04.16.050 or a municipal ordinance comparable to AS 04.16.050.                                                       
10    * Sec. 2.  AS 47.12.400(a) is amended to read:                                                                     
11  (a)  The department may use youth courts to hear, determine, and dispose of                                           
12 cases involving a minor whose alleged act that brings the minor within the jurisdiction                                 
13 of AS 47.12.010 - 47.12.260 constitutes a violation of a state law that is a                                            
14 misdemeanor or a violation or [THAT] constitutes a violation of a municipal                                             
15 ordinance .  A youth court may also hear, determine, and dispose of cases referred                                     
16 to it by a court under AS 12.45.200  [THAT PRESCRIBES A PENALTY NOT                                                    
17 EXCEEDING THE PENALTIES FOR A CLASS A MISDEMEANOR UNDER                                                                 
18 STATE LAW].                                                                                                             
19    * Sec. 3.  AS 47.12.400(c) is amended to read:                                                                     
20  (c)  A nonprofit corporation may obtain recognition from the commissioner to                                          
21 serve as a youth court.  The corporation may exercise only the powers that are                                          
22 delegated to a youth court by the commissioner, and shall exercise those powers as                                      
23 authorized by the corporation's articles of incorporation and bylaws.  The bylaws of                                    
24 the corporation must set out standards and procedures by which the corporation, in its                                  
25 capacity as a youth court,                                                                                              
26   (1)  establishes a system by which the minor may be held accountable                                                 
27 for the conduct that brings the minor within the jurisdiction of the youth court by                                     
28 being tried, represented, and adjudicated by the minor's peers , or, in a community                                    
29 with a population of less than 7,500 people, by community elders, or by a                                               
30 traditional village sentencing panel ;                                                                                 
31   (2)  guarantees the constitutional rights of the minor that are guaranteed                                           

01 by the state and federal constitutions;                                                                                 
02   (3)  may secure jurisdiction over a minor; the youth court may secure                                                
03 jurisdiction over the minor only with the consent of the minor and the agreement of                                     
04 the minor's legal custodian;                                                                                            
05   (4)  sets out the process for disposing of matters referred to it for                                                
06 resolution;                                                                                                             
07   (5)  provides a process for appeal of a verdict or sentence, and defines                                             
08 the basis for appeals;                                                                                                  
09   (6)  reserves the right to refer to the department [,] under                                                         
10 AS 47.12.060(a),  or to the referring court under AS 12.45.200,  a matter transmitted                                 
11 to the youth court for disposition in which the minor fails, without good cause, to                                     
12 comply with all requirements ordered by the youth court as a part of  the  sentence                                   
13 imposed on the minor; and                                                                                               
14   (7)  prepares and delivers a report of the disposition of the matter                                                 
15 referred to it for resolution to the commissioner  or the referring court, as                                          
16 appropriate .