Rule 23 - Disposition or Dual Sentence(a)Nature and Timing of the Hearing. The purpose of a disposition hearing is to determine the appropriate disposition of a juvenile who has been adjudicated a delinquent. The disposition hearing may not be held before adequate information is available upon which to enter an informed disposition order. If the disposition is not held immediately following the adjudication, the court shall set a time for the disposition hearing, which will be held without unreasonable delay, and shall order a predisposition report and other studies, examinations or reports under Delinquency Rule 22 which are necessary for an informed disposition. The juvenile, with approval of the court, may waive the preparation and submission of a predisposition report. (b)Statements. The court shall allow the parties an opportunity to make a statement and to offer evidence in aid of disposition before entering a disposition order. If the juvenile's foster parent is present at the disposition hearing, the court shall give the foster parent an opportunity to be heard. (c)Findings. A disposition order, including a disposition order entered as part of a dual sentence, must be accompanied by findings of fact supporting the disposition ordered. (d)Order. The court shall enter its disposition order or dual sentence taking into account the considerations set out in AS 47.12.140 or AS 47.12.120(j). (e)Release by Department. The Department shall notify the court in writing when the Department releases a juvenile from institutionalization without court order. (f)Restorative Justice Programs.(1) With the consent of the victim(s), the Department and the juvenile may stipulate to a stay of disposition pending a referral of the matter to a restorative justice program. The parties must inform the restorative justice program about any applicable mandatory disposition provisions at the time the matter is submitted to the program.(2) The court shall give due consideration to the recommendations made pursuant to a referral authorized by paragraph (1). (3) The term "restorative justice program" means a program using a process in which persons having an interest in a specific offense collectively resolve how to respond to the offense, its aftermath, and its implications for the future. Restorative justice programs include, but are not limited to, circle sentencing, family group conferencing, reparative boards, and victim/offender mediation. For purposes of this rule, the term "restorative justice program" does not include the Alaska Court System's therapeutic courts. (4) Except as provided below, the judge rendering the disposition shall not participate directly in any restorative justice program to which a case is referred for dispositional recommendations. (A) The judge may be present during the proceedings of the program provided that: (i) the proceedings are conducted on the record; or (ii) minutes of the proceedings are kept in a manner that the parties agree will fairly and accurately represent what is said at those proceedings. (B) The judge may speak at these proceedings provided that the judge's comments do not detract or appear to detract from the judge's neutrality.SCO 845 effective 8/15/1987; amended by SCO 1265 and 1269 effective 7/15/1997; by SCO 1349 effective 12/1/1998; and by SCO 1361 effective 10/15/1999; and by SCO 1816 effective 4/15/2014. Chapter 70 SLA 2005 (SB 154) enacted changes concerning proceedings relating to delinquent minors. According to section 10 of the Act, the changes made by sections 1-8 of the Act have the effect of amending Delinquency Rule 23(b) by requiring the court to conform the rule to the statutory changes to acknowledge the inclusion of certain persons 18 years of age or over as minors under AS 47.12 and AS 47.14 and to acknowledge the special statutory provisions contained in sections 1-8 of the Act applicable to those persons.
Note to SCO 1269: Delinquency Rule 23(d) was amended by § 56 ch. 59 SLA 1996.
LAW REVIEW COMMENTARIES
"Advancing Tribal Court Criminal Jurisdiction in Alaska," 32 Alaska L. Rev. 93 (2015).