Legislature(1995 - 1996)
1995-05-03 House Journal
Full Journal pdf1995-05-03 House Journal Page 1815 HB 87 The following was read the second time: HOUSE BILL NO. 87 "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." 1995-05-03 House Journal Page 1816 HB 87 with the: Journal Page HES RPT 6DP 889 4 ZERO FISCAL NOTES (COURT, 3-DHSS) 889 JUD RPT 5DP 1016 4 ZERO FNS (3-DHSS, COURTS) 3/24/95 1017 FIN REFERRAL WAIVED 1557 **The presence of Representatives Finkelstein, Barnes and Kubina was noted. Amendment No. 1 was offered by Representatives B.Davis and Vezey: Page 1, line 10: Delete "without receiving a criminal record" Insert "outside the traditional juvenile justice system" Page 2, line 20, through page 3, line 30: Delete all material. Renumber the following bill sections accordingly. Page 4, line 7: Delete "AS18.05.100" Insert "AS 47.10.265" Page 4, line 19: Delete "AS 18.05.100" Insert "AS 47.10.265" Page 5, following line 5: Insert new bill sections to read: "* Sec. 8. AS47.10.020(a) is amended to read: (a) Whenever circumstances subject a minor to the jurisdiction of AS47.10.010 - 47.10.142, the court shall (1) provide, under procedures adopted by court rule, that, for a minor who is alleged to be a delinquent minor under AS47.10.010(a)(1), a state agency shall make a preliminary inquiry to determine if any action is appropriate and may take appropriate action to adjust or dispose of the matter without a court hearing; if, under this paragraph, 1995-05-03 House Journal Page 1817 HB 87 (A) the state agency makes a preliminary inquiry and takes appropriate action to adjust or dispose of the matter without a court hearing, the minor may not be detained or taken into custody as a condition of the adjustment or disposition and, subject to (d) of this section, the matter shall be closed by the agency if the minor successfully completes all that is required of the minor by the agency in the adjustment or disposition; in a municipality or municipalities in which a youth court has been established under AS47.10.265, adjustment or disposition of the matter under this paragraph may include referral to the youth court; (B) the agency concludes that the matter may not be adjusted or disposed of without a court hearing, the agency may file a petition under (2) of this subsection setting out the facts; or (2) appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the interests of the public or of the minor require that further action be taken; if, under this paragraph, the court appoints a person or agency to make a preliminary inquiry and to report to it, then upon the receipt of the report, the court may informally adjust or dispose of the matter without a hearing, or it may authorize the person having knowledge of the facts of the case to file with the court a petition setting out the facts; if the court informally adjusts or disposes of the matter, the minor may not be detained or taken into the custody of the court as a condition of the adjustment or disposition, and the matter shall be closed by the court upon adjustment or disposition. * Sec. 9. AS47.10 is amended by adding a new section to read: