Alaska Delinq. R. 23

(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.