(a) Except as provided in Alaska Stat. § 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.
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Terms Used In Alaska Statutes 47.12.105

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • court: means the superior court of the state. See Alaska Statutes 47.12.990
  • department: means the Department of Family and Community Services. See Alaska Statutes 47.12.990
  • juvenile detention facility: means a secure facility for the detention of delinquent minors in the custody of the department under Alaska Stat. See Alaska Statutes 47.12.990
  • minor: as used in this chapter includes a person described in this section. See Alaska Statutes 47.12.022
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • writing: includes printing. See Alaska Statutes 01.10.060
(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 Alaska Stat. § 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 Alaska Stat. § 47.12.030 or 47.12.100.
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