(a) When the court commits a minor to the custody of the department, the department shall arrange to place the minor in a juvenile detention facility or another suitable place that the department designates for that purpose. Except under the conditions described in Alaska Stat. § 47.12.105 or (c) of this section, the minor may not be incarcerated in a correctional facility that houses adult prisoners.
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Terms Used In Alaska Statutes 47.12.240
- court: means the superior court of the state. See Alaska Statutes 47.12.990
- delinquent minor: means a minor found to be within the jurisdiction of the court under Alaska Stat. See Alaska Statutes 47.12.990
- department: means the Department of Family and Community Services. See Alaska Statutes 47.12.990
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
- 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
- temporary secure juvenile holding area: means separate quarters that are used for the temporary detention of delinquent minors pending a court order or transportation to a juvenile detention facility and that are not within sight or sound of any adult prisoners. See Alaska Statutes 47.12.990
if the minor is the subject of a petition filed with the court under this chapter seeking adjudication of the minor as a delinquent minor, or if the minor is in official detention pending the filing of that petition; however, detention in an adult correctional facility, an adult jail, or a temporary secure juvenile holding area under this subsection may not exceed the lesser of
(1) six hours, except under the criteria listed in (e) of this section; or
(2) the time necessary to arrange the minor’s transportation to a juvenile detention facility or comparable facility for the detention of minors.
(d) When a minor is detained under (c) of this section , the minor shall be
(1) assigned to quarters in a correctional facility or an adult jail that are separate from quarters used to house adult prisoners so that the minor cannot communicate with or view adults who are in official detention;
(2) provided admission, health care, hygiene, and food services and recreation and visitation opportunities separate from services and opportunities provided to adults who are in official detention.
(e) Notwithstanding the limitation on detention set out in (c) of this section, a minor whose detention is authorized by (c) of this section may be detained in a correctional facility for up to 24 hours when the authority having jurisdiction over the minor under this chapter is outside a metropolitan statistical area under the current designation of the United States Bureau of the Census and the authority has no existing acceptable alternative placement available for the minor. The minor may be held in secure custody beyond the 24-hour period if the criteria set out in this subsection are met and if the correctional facility is located where conditions of
(1) distance to be traveled or the lack of highway, road, or other ground transportation do not allow for court appearances within 24 hours, in which case the minor may be held for up to an additional 48 hours at the correctional facility; or
(2) lack of safety exist, such as severely adverse, life-threatening weather conditions that do not allow for reasonably safe travel, in which case the time for an appearance may be delayed until 24 hours after the time that the conditions become safe.
(f) A detention authorized by (e) of this section may not exceed the time necessary to satisfy the requirement of (c)(2) of this section.
(g)[Repealed, Sec. 42 ch 12 SLA 2006].
(h) In this section,
(1) “correctional facility” has the meaning given in Alaska Stat. § 33.30.901 whether the facility is operated by the state, a municipality, a village, or another entity;
