ALABAMA RULES OF JUVENILE PROCEDURE

Rule 15.1.

Juvenile Conference Committees.

(A) In an effort to reduce juvenile crime and to use the resources of the community to the fullest extent, a juvenile judge or a family court judge (hereinafter referred to as a “juvenile court judge”) may establish one or more Juvenile Conference Committees.

(B) A juvenile court judge desiring to establish a Juvenile Conference Committee shall appoint citizens of the county to serve as members of the committee. A Juvenile Conference Committee shall consist of at least five, but not more than nine, members. The term for each member shall be set by the juvenile court judge when the judge makes the appointment, but no member's term shall exceed three years. Committee members shall serve at the pleasure of the juvenile court judge who appointed them, or that judge's successor in office. Once appointed, a member must complete a training program conducted or approved by the Administrative Office of Courts. The member shall serve without compensation. The members of the Juvenile Conference Committee shall select a chairperson and a secretary at the first organizational meeting of the committee.

(C) If a Juvenile Conference Committee is established in a county, the intake officer and the prosecutor in that county, after a petition is filed but before an adjudicatory hearing is held, shall review all cases involving a child charged with a status offense or an offense that would be considered a violation or a misdemeanor if the child had been charged as an adult to determine whether the child is eligible for referral to the Juvenile Conference Committee. If, after their review, the intake officer and the prosecutor disagree concerning whether the case is eligible for referral to the Juvenile Conference Committee, the juvenile court judge will make the determination. If the case is eligible for referral to the Juvenile Conference Committee, the child may choose to appear before the Juvenile Conference Committee or to appear in juvenile court.

(D) If the child chooses to appear before the committee in lieu of appearing in juvenile court, the Juvenile Conference Committee may meet with the child and the child's parent or parents, guardian, or custodian at a specified date, time, and place. Written notice of the date, time, and place of the meeting shall be given to the child and the child's parent or parents, guardian, or custodian. Written notice of the meeting also shall be given to the complainant and/or the victim. The notice shall inform the child and the child's parent or parents, guardian, or custodian that the juvenile court judge may assess court costs and other applicable fees upon the judge's adoption of the recommendations of the Juvenile Conference Committee. The notice shall inform the complainant or the victim that if he or she cannot attend the meeting, the complainant or the victim may submit a written statement for the Juvenile Conference Committee to consider. No one shall be compelled to appear before a Juvenile Conference Committee. If someone who the committee believes is essential to a resolution of the matter does not want to appear before the committee, or if the child or the child's parent or parents, guardian, or custodian is not satisfied with the proceedings of the committee, the Juvenile Conference Committee shall refer the matter to the juvenile court.

(E) With the voluntary cooperation of the child, the child's parent or parents, guardian, or custodian, and others present at the meeting, the Juvenile Conference Committee shall attempt to determine what factors brought the child to juvenile court and shall recommend to the juvenile court judge sanctions that will attempt to help the child develop into a productive member of society. The Juvenile Conference Committee's primary concern is to forestall more serious misconduct by the child offender by obtaining the voluntary cooperation of the child, the child's parent or parents, guardian, or custodian and others involved in the case. The Juvenile Conference Committee shall present its recommendations to the juvenile court judge, who may approve or disapprove the sanctions recommended by the committee. If the juvenile court judge approves and adopts the committee's recommendations, the Juvenile Conference Committee shall monitor compliance with its recommendations and advise the juvenile court judge of the child's progress. If the child is not satisfied with, or does not accept, the committee's recommendations as approved by the juvenile court judge, or if, at any time, the child fails to comply with those recommendations, the matter shall be referred to juvenile court.

(F) The juvenile court judge, at any time, may terminate the process and dismiss the child without further proceedings or terminate the committee's review or monitoring and direct that the child's case be referred to juvenile court.

(G) All matters coming before a Juvenile Conference Committee shall be held in strict confidence and the members of the Juvenile Conference Committee shall comply with all laws and rules regarding the confidentiality of proceedings against children. Every member of a Juvenile Conference Committee shall be sworn by the juvenile court judge to observe the confidential nature of the committee proceedings. A committee member may, however, when authorized by the committee as a whole and with the prior approval of the juvenile court judge, publicize in general terms the duties of the Juvenile Conference Committee, the kinds and number of cases it reviews (without in any way revealing the names or identities of persons involved or the action taken in any specific case), or any community conditions that the committee's work indicates may require correction to prevent future misconduct by children.

[Added eff. 5-1-99.]

Comment

The Juvenile Conference Committees are intended to provide an alternative to formal court proceedings. It is thought that the citizen members will add a dimension of broad experience to deal with problems relating to children. The order adopting this rule and comment is published in Alabama Reporter, 727 So. 2d.