reglab/housing_qa huggingface dataset:
AK Stat § 47.12.010 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.010. Goal and purposes of chapter.

(a) The goal of this chapter is to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively. (b) The purposes of this chapter are to (1) respond to a juvenile offender's needs in a manner that is consistent with (A) prevention of repeated criminal behavior; (B) restoration of the community and victim; (C) protection of the public; and (D) development of the juvenile into a productive citizen; (2) protect citizens from juvenile crime; (3) hold each juvenile offender directly accountable for the offender's conduct; (4) provide swift and consistent consequences for crimes committed by juveniles; (5) make the juvenile justice system more open, accessible, and accountable to the public; (6) require parental or guardian participation in the juvenile justice process; (7) create an expectation that parents will be held responsible for the conduct and needs of their children; (8) ensure that victims, witnesses, parents, foster parents, guardians, juvenile offenders, and all other interested parties are treated with dignity, respect, courtesy, and sensitivity throughout all legal proceedings; (9) provide due process through which juvenile offenders, victims, parents, and guardians are assured fair legal proceedings during which constitutional and other legal rights are recognized and enforced; (10) divert juveniles from the formal juvenile justice process through early intervention as warranted when consistent with the protection of the public; (11) provide an early, individualized assessment and action plan for each juvenile offender in order to prevent further criminal behavior through the development of appropriate skills in the juvenile offender so that the juvenile is more capable of living productively and responsibly in the community; (12) ensure that victims and witnesses of crimes committed by juveniles are afforded the same rights as victims and witnesses of crimes committed by adults; (13) encourage and provide opportunities for local communities and groups to play an active role in the juvenile justice process in ways that are culturally relevant; and (14) review and evaluate regularly and independently the effectiveness of programs and services under this chapter.
AK Stat § 47.12.020 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.020. Jurisdiction.

(a) Proceedings relating to a minor under 18 years of age residing or found in the state are governed by this chapter, except as otherwise provided in this chapter, when the minor is alleged to be or may be determined by a court to be a delinquent minor as a result of violating a criminal law of the state or a municipality of the state. (b) Except as otherwise provided in this chapter, proceedings relating to a person who is 18 years of age or over are governed by this chapter if the person is alleged to have committed a violation of the criminal law of the state or a municipality of the state, the violation occurred when the person was under 18 years of age, and the period of limitation under AS 12.10 has not expired. (c) The provisions of this chapter apply to the detention and care of a person who is alleged to have committed a violation of a criminal law of the state or local government, subject to the provisions of AS 47.12.030(a), 47.12.100, and 47.12.105.
AK Stat § 47.12.022 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.022. Applicability; inclusion of certain persons as minors.

Except as provided in AS 47.12.025, the provisions of this chapter apply to a person who is 18 years of age or older and who is subject to the jurisdiction of this chapter due to AS 47.12.020(b) or (c). To implement AS 47.12.020(b) and (c) and this section, the term “minor” as used in this chapter includes a person described in this section.
AK Stat § 47.12.050 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.050. Notice to and involvement of parent or guardian.

(a) Except as may be otherwise specifically provided, in all cases under this chapter, the minor, each parent of the minor, the foster parent of the minor, and the guardian of the minor are entitled to notice adequate to give actual notice of the proceedings, taking into account education and language differences that are known or reasonably ascertainable by the party giving the notice. The notice must contain all names by which the minor has been identified. (b) Notice shall be given in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court by order directs. Proof of giving of the notice shall be filed with the court before the petition is heard or other proceeding commenced. (c) The court may subpoena the parent or guardian of the minor, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service. If personal service cannot be made, the court may direct that service of process be in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court directs. (d) In any proceeding under this chapter, the presence of the minor's parent or guardian is preferred.
AK Stat § 47.12.060 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.060. Informal action to adjust matter.

(a) The provisions of this section apply to a minor who is alleged to be a delinquent minor under AS 47.12.020 and for whom the department or an entity selected by it has made a preliminary inquiry as required by AS 47.12.040(a)(1). Following the preliminary inquiry, (1) the department or the entity selected by it may dismiss the matter with or without prejudice; or (2) the department or the entity selected by it may take informal action to adjust the matter. (b) When the department or the entity selected by it decides to make an informal adjustment of a matter under (a)(2) of this section, that informal adjustment (1) must be made with the agreement or consent of the minor and the minor's parents or guardian to the terms and conditions of the adjustment; (2) must give the minor's foster parent an opportunity to be heard before the informal adjustment is made; (3) must include notice that informal action to adjust a matter is not successfully completed unless, among other factors that the department or the entity selected by it considers, as to the victim of the act of the minor that is the basis of the delinquency allegation, the minor pays restitution in the amount set by the department or the entity selected by it or agrees as a term or condition set by the department or the entity selected by it to pay the restitution; (4) [Repealed, § 22 ch 32 SLA 2016.] (5) [Repealed, § 56 ch 16 SLA 2021.]
AK Stat § 47.12.065 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.065. Dual sentencing provisions.

(a) The department or the entity selected by it may refer to the appropriate district attorney the circumstances involving a minor who is subject to the provisions of this section because the minor is alleged to have violated a criminal law of the state. Except as provided in (d) of this section, the department or the entity selected by it may make the referral if the minor was 16 years of age or older at the time of the offense, and the offense is (1) a felony that is a crime against a person and the minor has previously been adjudicated a delinquent under the laws of this state or substantially similar laws of another jurisdiction for a felony offense that is a crime against a person; or (2) sexual abuse of a minor in the second degree. (b) If a referral is made under (a) of this section, the district attorney may elect to seek imposition of a dual sentence in the case to further the goal and purposes of this chapter as set out in AS 47.12.010. If the district attorney seeks imposition of a dual sentence, the district attorney shall present the case to the grand jury for indictment. If the grand jury returns an indictment, the district attorney shall file with the court under AS 47.12.040(a) a petition seeking the minor's adjudication as a delinquent. (c) If the district attorney decides not to seek imposition of a dual sentence under (b) of this section or if the grand jury does not return an indictment, the case shall proceed under the remaining provisions of this chapter. (d) The department or the entity selected by it may refer to the appropriate district attorney a person who is subject to the jurisdiction of this chapter under AS 47.12.020(b) and who is alleged to have committed a felony or other offense. If the district attorney elects to seek imposition of a dual sentence in the matter, the district attorney shall file notice of that election. If the alleged crime is a misdemeanor, the district attorney shall file a delinquency petition. If the alleged crime is a felony, the district attorney shall follow the procedure set out in (b) of this section.
AK Stat § 47.12.070 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.070. Summons and custody of minor.

After a petition is filed and after further investigation that the court directs, if the minor has not appeared voluntarily, the court shall issue a summons that (1) recites briefly the substance of the petition; (2) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.
AK Stat § 47.12.080 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.080. Release of minor.

A minor who is taken into custody may, in the discretion of the court and upon the written promise of the parent, guardian, or custodian to bring the minor before the court at a time specified by the court, be released to the care and custody of the parent, guardian, or custodian. The minor, if not released, shall be detained as provided by AS 47.12.240. The court may determine whether the father or mother or another person shall have the custody and control of the minor for the duration of the proceedings. If the minor is of sufficient age and intelligence to state desires, the court shall give consideration to the minor's desires.
AK Stat § 47.12.090 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.090. Appointment of attorney or guardian ad litem.

(a) In all proceedings initiated under a petition for delinquency, a minor shall have the right to be represented by counsel and, if indigent, have counsel appointed by the court. The court shall appoint counsel in such cases unless it makes a finding on the record that the minor has made a voluntary, knowing, and intelligent waiver of the right to counsel and a parent or guardian with whom the minor resides or resided before the filing of the petition concurs with the waiver. In cases in which it has been alleged that the minor has committed an act that would be a felony if committed by an adult, waiver of counsel may not be accepted unless the court is satisfied that the minor has consulted with an attorney before the waiver of counsel. (b) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a minor will be promoted by the appointment of an attorney to represent the minor or an attorney or other person to serve as guardian ad litem, the court may make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310.
AK Stat § 47.12.100 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.100. Waiver of jurisdiction.

(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.
AK Stat § 47.12.105 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.105. Detention of minors waived into adult court.

(a) Except as provided in AS 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. (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 AS 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 AS 47.12.030 or 47.12.100.
AK Stat § 47.12.130 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.130. Predisposition hearing reports.

(a) Before the disposition hearing of a delinquent minor, the department shall submit a predisposition report with a recommended plan of treatment to aid the court in its selection of a disposition, a victim impact statement reporting the information set out in AS 12.55.022, and any further information that the court may request. In preparing the predisposition report, the department shall contact the victim of the minor's offense. (b) The court shall inform the minor, the minor's parents, and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing. (c) [Repealed, § 6 ch 23 SLA 2002.]  (d) In this section, “parents” means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the minor has resided and who has acted as a parent in providing for the minor for a continuous period of time before this action.
AK Stat § 47.12.140 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.140. Court dispositional order.

In making its dispositional order under AS 47.12.120(b)(1) - (3) and (5) and (j), the court shall (1) consider both the best interests of the minor and the interests of the public, and, in doing so, the court shall take into account (A) the seriousness of the minor's delinquent act and the attitude of the minor and the minor's parents toward that act; (B) the minor's culpability as indicated by the circumstances of the particular case; (C) the age of the minor; (D) the minor's prior criminal or juvenile record and the success or failure of any previous orders, dispositions, or placements imposed on the minor; (E) the effect of the dispositional order to be imposed in deterring the minor from committing other delinquent acts; (F) the need to commit the minor to the department's custody or to detain the minor in a juvenile treatment facility, juvenile detention facility, secure residential psychiatric treatment center, or other suitable place in order to prevent further harm to the public; (G) the interest of the public in securing the minor's rehabilitation; and (H) the ability of the state to take custody of and to care for the minor; and (2) order the least restrictive alternative disposition for the minor; for purposes of this paragraph, the “least restrictive alternative disposition” means that disposition that is no more restrictive than is, in the judgment of the court, most conducive to the minor's rehabilitation taking into consideration the interests of the public.
AK Stat § 47.12.150 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 12. Delinquent Minors|Article 1. Juvenile Delinquency.|Sec. 47.12.150. Legal custody, guardianship, and residual parental rights and responsibilities.

(a) When a minor is committed to the department under AS 47.12.120(b)(1) or (3) or 47.12.240, detained by the department on behalf of the Department of Corrections under AS 33.30.011 and AS 47.12.105, or released under AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable person, a relationship of legal custody exists. This relationship imposes on the state and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the minor, the determination of where and with whom the minor shall live, the right and duty to protect, train, and discipline the minor, and the duty of providing the minor with food, shelter, education, and medical care. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a minor is committed to the department and the department places the minor with the minor's parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the minor. When parental rights have been terminated, or there are no living parents and a guardian has not been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the minor may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department. (b) When a guardian is appointed for the minor, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the minor in legal actions, and making decisions of legal or financial significance concerning the minor. (c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section.