Legislature(1995 - 1996)

1995-05-03 House Journal

Full Journal pdf

1995-05-03                     House Journal                      Page 1818
HB 87                                                                        
youth court may be established within the boundaries of a                     
municipality.  Nothing in this subsection prohibits two or more                
municipalities from operating a single youth court for the                     
municipalities by agreement between them.                                      
	(c)  A nonprofit corporation may obtain recognition from the                 
commissioner to serve as a youth court.  The corporation may                   
exercise only the powers that are delegated to a youth court by the            
commissioner, and shall exercise those powers as authorized by                 
the corporation's articles of incorporation and bylaws.  The bylaws            
of the corporation must set out standards and procedures by which              
the corporation, in its capacity as a youth court,                             
		(1)  establishes a system by which the minor may be held                    
accountable for the conduct that brings the minor within the                   
jurisdiction of the youth court by being tried, represented, and               
adjudicated by the minor's peers;                                              
		(2)  guarantees the constitutional rights of the minor that                 
are guaranteed by the state and federal constitutions;                         
		(3)  may secure jurisdiction over a minor; the youth court                  
may secure jurisdiction over the minor only with the consent of                
the minor and the agreement of the minor's legal custodian;                    
		(4)  sets out the process for disposing of matters referred                 
to it for resolution;                                                          
		(5)  provides a process for appeal of a verdict or sentence,                
and defines the basis for appeals;                                             
		(6)  reserves the right to refer to the department, under                   
AS47.10.020(a)(1), a matter transmitted to the youth court for                 
disposition in which the minor fails, without good cause, to                   
comply with all requirements ordered by the youth court as a part              
of sentence imposed on the minor; and                                          
		(7)  prepares and delivers a report of the disposition of the               
matter referred to it for resolution to the commissioner.                      
	(d)  Subject to the privileges that witnesses have in the courts             
of this state, the commissioner may compel by subpoena, at a                   
specified time and place, the                                                  
		(1)  appearance and sworn testimony of a person who the                     
commissioner reasonably believes may be able to give information               
relating to a matter before a youth court; and                                 
		(2)  production by a person of a record or object that the                  
commissioner reasonably believes may relate to a matter before a               
youth court.                                                                   
	(e)  If a person refuses to comply with a subpoena issued                    

1995-05-03                     House Journal                      Page 1819
HB 87                                                                        
under (d) of this section, the superior court may, upon application           
of the commissioner, compel obedience by proceedings for                       
contempt in the same manner as in the case of disobedience to the              
requirements of a subpoena issued by the court or refusal to testify           
in the court.                                                                  
	(f)  The commissioner shall make and keep records of all                     
cases referred to a youth court.  The records of a youth court                 
		(1)  relating to a minor who complies with all                              
requirements ordered by the youth court as a part of sentence                  
imposed on the minor shall be sealed by the commissioner and                   
may not be used for any purpose; and                                           
		(2)  except as to a record described in (1) of this                         
subsection, shall be afforded at least the same protection and are             
subject to at least the same procedural safeguards in matters                  
relating to access, use, and security as they would be under                   
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 1 be adopted.  There being no objection, it was so               
Representative Vezey moved and asked unanimous consent that HB87               
am be considered engrossed, advanced to third reading and placed on            
final passage.                                                                 
Representative Martin objected.                                                
The Speaker stated that HB 87 am will be in third reading on the May           
4, 1995, calendar.