(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 Alaska Stat. § 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.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonyup to 20 yearsup to $250,000
For details, see Alaska Stat. § 12.55.125(c)
criminal case

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Terms Used In Alaska Statutes 47.12.100

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • court: means the superior court of the state. See Alaska Statutes 47.12.990
  • crime against a person: means an offense set out in Alaska Stat. See Alaska Statutes 47.12.990
  • department: means the Department of Family and Community Services. See Alaska Statutes 47.12.990
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • minor: as used in this chapter includes a person described in this section. See Alaska Statutes 47.12.022
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(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 Alaska Stat. § 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.
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