Sec. 47.12.100. Waiver of jurisdiction.

283 words·~1 min read·/ak/title-47/chapter-12/47-12-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. Subject to the provisions of AS 47.12.105 , after a case is closed under this subsection, the minor may be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult.

(b)A minor is unamenable to treatment under this chapter if the minor probably cannot be rehabilitated by treatment under this chapter before reaching 20 years of age. In determining whether a minor is unamenable to treatment, the court may consider the seriousness of the offense the minor is alleged to have committed, the minor's history of delinquency, the probable cause of the minor's delinquent behavior, and the facilities available to the department for treating the minor.

(c)For purposes of making a determination under this section,

(1)the standard of proof is by a preponderance of the evidence; and

(2)the burden of proof that a minor is not amenable to treatment under this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking to have the court declare a minor a delinquent is based on the minor's alleged commission of an offense that is an unclassified felony or class A felony and that is a crime against a person, the minor

(A)is rebuttably presumed not to be amenable to treatment under this chapter; and

(B)has the burden of proof of showing that the minor is amenable to treatment under this chapter.