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Text: SF00402                           Text: SF00404
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Senate File 403

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.6110, Code 1997, is amended to read
  1  2 as follows:
  1  3    602.6110  PEER REVIEW COURT – PILOT PROJECTS.
  1  4    1.  A Subject to the appropriation of funds for this
  1  5 purpose, a peer review court is established as a pilot program
  1  6 in each judicial district to divert certain youthful offenders
  1  7 from the criminal or juvenile justice systems.  The court
  1  8 shall consist of a qualified adult to act as judge with while
  1  9 the duties of prosecutor, defense counsel, court attendant,
  1 10 clerk, and jury composed of shall be performed by persons ten
  1 11 through seventeen years of age.
  1 12    2.  The jurisdiction of the peer review court extends to
  1 13 those persons ten through seventeen years of age who have com-
  1 14 mitted misdemeanor offenses, or delinquent acts which would be
  1 15 misdemeanor offenses if committed by an adult, and who have
  1 16 entered a plea of guilty who have admitted involvement in the
  1 17 misdemeanor or delinquent act, entered and who meet the
  1 18 criteria established for entering into an informal adjustment
  1 19 agreement, or agreed to the entry of a consent decree to for
  1 20 those offenses in district or juvenile court.  Those persons
  1 21 may then elect to appear before the peer review court to
  1 22 receive sentence for a determination of the terms and
  1 23 conditions of the informal adjustment or may elect to proceed
  1 24 with the informal or formal procedures established in chapter
  1 25 232.
  1 26    3.  The peer review court shall not determine guilt or
  1 27 innocence and any statements or admissions made by the person
  1 28 before the peer review court are not admissible in any formal
  1 29 proceedings involving the same person.  The peer review court
  1 30 shall only determine the sentence for terms and conditions of
  1 31 the informal adjustment for the offense.  The sentence terms
  1 32 and conditions may consist of fines, restrictions for damages,
  1 33 attendance at treatment programs, or community service work or
  1 34 any combination of these penalties as appropriate to the
  1 35 offense or delinquent act committed.  A person appearing
  2  1 before the peer review court may also be required to serve as
  2  2 a juror on the court as a part of the person's sentence.
  2  3    3. 4.  Subject to the agreement of the chief judge of the
  2  4 judicial district, the supreme court shall designate two
  2  5 judicial districts in which to locate a peer review court
  2  6 pilot project.  The chief judge of the each judicial district
  2  7 shall appoint a peer review court advisory board.  The
  2  8 advisory board shall adopt rules for the peer review court
  2  9 advisory program, shall appoint persons to serve on the peer
  2 10 review court, and shall supervise the expenditure of funds
  2 11 appropriated to the program.
  2 12    Sec. 2.  PEER REVIEW COURTS.  There is appropriated from
  2 13 the general fund of the state to the judicial department for
  2 14 the fiscal year beginning July 1, 1997, and ending June 30,
  2 15 1998, the following amount, or so much thereof as is
  2 16 necessary, to be used for the purpose designated:
  2 17    For the establishment and maintenance of peer review courts
  2 18 in each judicial district pursuant to section 602.6110:  
  2 19 .................................................. $    250,000
  2 20                           EXPLANATION
  2 21    This bill expands the current peer review court pilot
  2 22 projects to all of the judicial districts and appropriates
  2 23 $250,000 for purposes of the establishment and maintenance of
  2 24 peer review courts in each judicial district.  The peer review
  2 25 courts' jurisdiction extends to the informal deposition of
  2 26 complaints against juveniles ages 10 through 17 who have
  2 27 committed misdemeanor offenses or delinquent acts which would
  2 28 be misdemeanors if committed by adults and who are eligible
  2 29 for an informal adjustment.  The peer review court does not
  2 30 determine guilt or innocence, but, rather, determines the
  2 31 terms and conditions of the informal adjustment.
  2 32    The peer review court is staffed by a qualified adult who
  2 33 acts as the judge and by persons ages 10 through 17 who
  2 34 perform the functions of prosecutor, defense counsel, court
  2 35 attendant, clerk, and jury.  Any person who has appeared
  3  1 before a peer review court may be required to serve as a juror
  3  2 in the peer review court.
  3  3    The bill also appropriates $250,000 to the judicial
  3  4 department for the purpose of establishing peer review courts
  3  5 in each judicial district.  
  3  6 LSB 2577SS 77
  3  7 lh/cf/24
     
Text: SF00402                           Text: SF00404
Text: SF00400 - SF00499                 Text: SF Index
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