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AK SB117
Bill
AI Summary
SB 117 Summary
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Establishes a tribal court diversion program allowing the Department of Law to defer prosecution of tribal members accused of specified offenses (attempt/solicitation of class B misdemeanor, assault in the fourth degree, class B misdemeanor, and certain alcohol and driving violations) and refer them to tribal court instead.
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Requires the Department of Law to meet with crime victims and obtain written consent from the accused tribal member before diversion, with the accused acknowledging tribal court procedures are not bound by Alaska law and waiving state-funded legal counsel rights.
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Permits tribal courts to use culturally derived procedures including restorative justice, circle sentencing, fines, and property forfeiture; allows prosecution to resume in state court if the tribal member fails to comply with tribal court remedies.
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Requires tribal courts to provide quarterly notice to the Department of Law on department-created forms documenting the offense, remedy ordered, compliance timeline, and whether the accused complied with the imposed remedy.
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Amends permanent fund dividend exemption law to allow levies on permanent fund dividends to satisfy tribal-court-ordered restitution and fines under the new diversion program, in addition to existing court-ordered obligations.
Legislative Description
Indian Tribe Criminal Procedure
Crimes
Last Action
REFERRED TO STATE AFFAIRS
1/19/2016