SSSB 117: "An Act relating to a tribal court diversion program for certain offenses; and relating to exemption of and levy on permanent fund dividends."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 117 01 "An Act relating to a tribal court diversion program for certain offenses; and relating to 02 exemption of and levy on permanent fund dividends." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.80 is amended by adding new sections to read: 05 Article 2. Tribal Court Diversion Program. 06 Sec. 12.80.100. Tribal court diversion program. (a) Subject to (e) of this 07 section, upon recommendation of the appropriate law enforcement agency, the 08 department, after consultation with the appropriate tribal court, may elect to defer 09 prosecution of a tribal member in a criminal case and refer the tribal member to a 10 tribal court under the procedure provided in this section when the tribal member has 11 been accused of committing one of the following offenses: 12 (1) an attempt under AS 11.31.100 or solicitation under AS 11.31.110 13 to commit a class B misdemeanor under AS 11; 14 (2) assault in the fourth degree under AS 11.41.230;
01 (3) a class B misdemeanor under AS 11; 02 (4) AS 04.11.501; 03 (5) AS 04.16.050; 04 (6) AS 28.35.280. 05 (b) The department may not consent to a referral under this section unless the 06 department has met with the victim and explained the process and consequences of the 07 referral to the victim. 08 (c) The department may not make a referral under this section unless the 09 department obtains written consent from the tribal member stating that the tribal 10 member 11 (1) agrees to be adjudicated before the appropriate tribal court; 12 (2) agrees to comply with the tribally imposed remedy, if any, and that, 13 if the tribal member fails to comply with the tribally imposed remedy, the department 14 may initiate prosecution for the offense in state court; 15 (3) will not have the right to legal counsel in tribal court at the expense 16 of the state or tribe if legal counsel is permitted in the applicable tribal court; and 17 (4) acknowledges that the tribal court is not bound by Alaska law or 18 procedure. 19 (d) Once the department makes a referral under this section, the tribal member 20 consents to be adjudicated, and the tribal court accepts jurisdiction, the department 21 may withhold prosecution for the offense. The tribal court may incorporate culturally 22 derived procedures, including restorative justice hearings and circle sentencing, 23 imposing fines, or requiring forfeiture of property under procedures adopted by the 24 tribal court. It is the intent of the legislature that the tribal court 25 (1) shall have the discretion to use fines, fees, and other monetary 26 remedies on a case-by-case basis that best meets the needs of the victim, the 27 community, and the tribe; 28 (2) shall notify the appropriate law enforcement agency if the tribal 29 court becomes aware of potential criminal conduct involving a felony, misdemeanor, 30 or violation not listed under (a) of this section. 31 (e) If a tribal member is accused of committing an offense listed under (a) of
01 this section involving domestic violence, the mandatory arrest provisions of 02 AS 18.65.530 still apply. The arresting or investigating officer shall also comply with 03 the provisions of AS 18.65.515 and 18.65.520. If there is a mandatory arrest for an 04 offense listed under (a) of this section, the department may elect to make a referral 05 under this section at the state court arraignment. 06 (f) If the department elects to make a referral under this section and the tribal 07 member does not comply with the tribally imposed remedy under (d) of this section, 08 the department may prosecute the tribal member in state court. 09 (g) If the department makes a referral under this section and the tribal member 10 complies with the tribally imposed remedy under (d) of this section, the department 11 may not prosecute the tribal member in state court. 12 Sec. 12.80.110. Tribal court diversion program; notice required. (a) If the 13 department elects to refer a criminal case to tribal court under AS 12.80.100, the 14 appropriate tribal court shall promptly provide notice to the department on a form 15 created by the department after a remedy is ordered that includes the following 16 information: 17 (1) the name of the tribal member; 18 (2) the circumstances of the offense; 19 (3) the remedy ordered by the tribal court; and 20 (4) the time allowed for compliance. 21 (b) The tribal court shall promptly notify the department on a form provided 22 by the department if 23 (1) the tribal member complies with the tribally imposed remedy and 24 the date of that compliance; 25 (2) the tribal member fails to comply with the tribally imposed remedy 26 within the time allowed for compliance. 27 (c) If the tribal member is later referred to tribal court under 28 AS 12.80.100(a)(1) or (2) after committing another offense, the tribal court shall use a 29 new form applicable to that new offense. 30 (d) The tribal court shall provide the forms under (a) and (b) of this section to 31 the department at least on a quarterly basis.
01 Sec. 12.80.120. Jurisdiction. Nothing in AS 12.80.100 - 12.80.200 limits, 02 alters, or diminishes the sovereignty or jurisdiction of the tribal court or the tribe. 03 Sec. 12.80.200. Definitions. In AS 12.80.100 - 12.80.200, 04 (1) "department" means the Department of Law; 05 (2) "law enforcement agency" means the division of Alaska state 06 troopers, a village public safety officer program, a village police officer agency, a 07 tribal police officer agency, or a municipal or borough law enforcement agency; 08 (3) "tribal court" means a tribal justice system established by a tribe; 09 (4) "tribal member" means a member of a federally recognized Indian 10 tribe; 11 (5) "tribe" means an Indian tribe or band or Alaska Native village that 12 is recognized by federal law. 13 * Sec. 2. AS 43.23.065(b) is amended to read: 14 (b) An exemption is not available under this section for permanent fund 15 dividends taken to satisfy 16 (1) child support obligations required by court order or decision of the 17 child support services agency under AS 25.27.140 - 25.27.220; 18 (2) court-ordered [COURT ORDERED] restitution under 19 AS 12.55.045 - 12.55.051, 12.55.100, or AS 47.12.120(b)(4) or tribal-court-ordered 20 restitution under AS 12.80.100 - 12.80.200; 21 (3) claims on defaulted education loans under AS 43.23.067; 22 (4) court-ordered [COURT ORDERED] fines; 23 (5) writs of execution under AS 09.35 of a judgment that is entered 24 (A) against a minor in a civil action to recover damages and 25 court costs; 26 (B) under AS 09.65.255 against the parent, parents, or legal 27 guardian of an unemancipated minor; 28 (6) a debt owed by an eligible individual to an agency of the state, 29 including the University of Alaska, unless the debt is contested and an appeal is 30 pending, or the time limit for filing an appeal has not expired; 31 (7) a debt owed to a person for a program for the rehabilitation of
01 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 02 AS 25.20.061(3), or AS 33.16.150(f)(2); 03 (8) a judgment for unpaid rent or damage owed to a landlord by an 04 eligible individual that was a tenant of the landlord; in this paragraph, "tenant" has the 05 meaning given in AS 34.03.360; 06 (9) tribal-court-ordered fines under AS 12.80.100 - 12.80.200.