Section 47.12.240. Detention of minors.

   (a) When the court commits a minor to the custody of the department, the department shall arrange to place the minor in a detention home, work camp, or another suitable place that the department designates for that purpose. Except when detention in a correctional facility is authorized by (c) of this section, the minor may not be incarcerated in a correctional facility that houses adult prisoners.
   (b) When a minor is detained under this chapter, the person having responsibility for the facility in which the minor is detained shall immediately make reasonable attempts to notify the minor's parent, guardian, or custodian of the minor's detention.
   (c) Notwithstanding (a) of this section, a minor may be incarcerated in a correctional facility
        (1) 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 a correctional facility under this paragraph may not exceed the lesser of
             (A) six hours, except under the criteria listed in (e) of this section; or
             (B) the time necessary to arrange the minor's transportation to a juvenile detention home or comparable facility for the detention of minors;
        (2) if, in response to a petition of delinquency filed under this chapter, the court has entered an order closing the case under AS 47.12.100(a), allowing the minor to be prosecuted as an adult; or
        (3) if the minor is at least 16 years of age and the court has entered an order under AS 47.12.160(e) imposing an adult sentence and transferring custody of the minor to the Department of Corrections.
   (d) When a minor is detained under (c)(1) of this section and incarcerated in a correctional facility, the minor shall be
        (1) assigned to quarters in the correctional facility 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)(1) of this section, a minor whose detention is authorized by (c)(1) 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)(1)(B) of this section.
   (g)  [Repealed, Sec. 42 ch 12 SLA 2006].  
   (h) In this section,
        (1) "correctional facility" has the meaning given in AS 33.30.901 whether the facility is operated by the state, a municipality, a village, or another entity;
        (2) "official detention" has the meaning given in AS 11.81.900.

Authorities

47.10.130;47.10.190;47.12.080

Notes

Implemented As

7 AAC 52.005
7 AAC 52.010
7 AAC 52.015

References

7 AAC 45.227
7 AAC 45.261
AS 47.10.130 Detention. [Repealed, Sec. 55 ch 59 SLA 1996. For current law,
AS 47.10.190 Detention of minors. [Repealed, Sec. 55 ch 59 SLA 1996. For
AS 47.12.080 Release of minor.

History

(Sec. 46 ch 59 SLA 1996; am Sec. 30 ch 107 SLA 1998; am Sec. 1, 2 ch 79 SLA 2001; am Sec. 1, 2 ch 95 SLA 2004; am Sec. 42 ch 12 SLA 2006)

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