Alaska |
Lower Age: | None specified |
Upper Age: | 17 |
Discretionary Waiver | Alaska Statutes Sec. 47.12.100 |
Alaska Court Rules, Part VI, Rule 20 |
The juvenile court may waive jurisdiction if it finds after a hearing that (1) there is probable cause to believe that the minor is delinquent and (2) the minor is not amenable to treatment. A minor is considered unamenable to treatment if he cannot be rehabilitated by treatment before reaching 20 years of age. The law specifies various factors that the court must consider in making its finding on the minor's amenability to treatment. |
Offense Category | Minimum Age | Offense Detail |
Any Criminal | None specified | Any criminal offense. |
Presumptive Waiver | Alaska Statutes Sec. 47.12.100 |
In a waiver hearing, the prosecutor has the burden of proof with respect to the finding that there is probable cause to believe that the minor is delinquent. However, a minor charged with an unclassified or class A felony that constitutes a crime against the person is rebuttably presumed to be not amenable to treatment, and has the burden of showing otherwise by a preponderance of the evidence. |
Offense Category | Minimum Age | Offense Detail |
Person | None specified | Unclassified or class A felony that is a crime against the person. |
Statutory Exclusion | Alaska Statutes Sec. 47.12.030 |
A minor who was at least 16 years old at the time of allegedly committing an excluded offense is charged, prosecuted, and sentenced in superior court. However, if convicted of a lesser offense, the minor may attempt to show his amenability to treatment as a delinquent, and receive a disposition under the Alaska Delinquency Rules. |
Offense Category | Minimum Age | Offense Detail |
Person | 16 | Unclassified or class A felony that is a crime against the person. |
Property | 16 | First degree arson. |