2023 Alaska Statutes
Title 47. Welfare, Social Services, and Institutions
Chapter 12. Delinquent Minors
Article 1. Juvenile Delinquency.
Sec. 47.12.105. Detention of minors waived into adult court.
(a) Except as provided in AS 47.12.240, the department, by agreement with the Department of Corrections, shall detain and care for waived minors. The department shall transfer a waived minor to a facility operated by the Department of Corrections when the waived minor reaches 18 years of age.
(b) Except as provided in (c) of this section, a waived minor held in an adult correctional facility for more than four hours to attend court proceedings must be separated by sight and sound from adult offenders.
(c) If there is not an available juvenile detention facility in a community where a trial is being held or if a juvenile facility is inappropriate for a waived minor, the department may request that the court order, in the interest of justice, that a waived minor be held in an adult correctional facility with or without sight and sound separation from adult offenders. In making this decision, the court shall consider
(1) the age of the waived minor;
(2) the physical and mental maturity of the waived minor;
(3) the present mental state of the waived minor, including whether the waived minor presents an imminent risk of harm to self;
(4) the nature and circumstances of the alleged offense;
(5) the waived minor's history of prior delinquent acts;
(6) the relative ability of an available adult or juvenile detention facility to meet the specific needs of the waived minor and protect the safety of the public and other detained minors; and
(7) other relevant factors.
(d) If a court determines under (c) of this section that it is in the interest of justice to permit a waived minor to be held in an adult correctional facility,
(1) the department shall request a hearing not less than once every 30 days to review the determination that the waived minor may be held under the ordered circumstances;
(2) the waived minor may not be held in an adult correctional facility, or permitted to have sight or sound contact with adult offenders, for more than 180 days, unless the court determines in writing that there is good cause for an extension or the waived minor expressly waives this limitation.
(e) A waived minor detained under (a) of this section shall be detained in a secure juvenile facility and receive credit, including a good time deduction under AS 33.20.010, for time spent in a department facility pending trial, sentencing, or appeal, if the detention is in connection with an offense for which a sentence is imposed.
(f) A waived minor who is detained in an adult correctional facility under (c) of this section is entitled to counsel at a review hearing held under (d) of this section.
(g) In this section, “waived minor” means an individual who commits an offense while under the age of 18 and is waived into adult court under AS 47.12.030 or 47.12.100.
