Section 47.12.250. Temporary detention and detention hearing.

   (a) A peace officer or a probation officer who has arrested or a peace officer who has continued the arrest of a minor under AS 47.12.245 may
        (1) have the minor detained in a juvenile detention facility if in the opinion of the peace officer making or continuing the arrest it is necessary to do so to protect the minor or the community; however, the department may direct that a minor who was arrested or whose arrest was continued be released from detention before the hearing required by (c) of this section;
        (2) before taking the minor to a juvenile detention facility, release the minor to the minor's parents or guardian if detention is not necessary to
             (A) protect the minor or the community; or
             (B) ensure the minor's attendance at subsequent court hearings.
   (b) A peace officer who has a minor detained under (a) of this section shall immediately, and in no event more than 12 hours later, notify the court and make reasonable efforts to notify the minor's parents or guardian, the minor's foster parent, and the department of the officer's action. The department may file with the court a petition alleging delinquency before the detention hearing.
   (c) The court shall immediately, and in no event more than 48 hours later, hold a hearing at which the minor and the minor's parents or guardian if they can be found shall be present. For those minors held securely in correctional facilities that house adult prisoners, the court shall immediately, and in no event more than 24 hours after the custody begins, hold a hearing at which the minor and the minor's parents or guardian if they can be found shall be present. The court shall determine whether probable cause exists for believing the minor to be delinquent. The court shall inform the minor of the reasons alleged to constitute probable cause and the reasons alleged to authorize the minor's detention. The minor is entitled to counsel. The court shall give the minor's foster parent the opportunity to be heard at the hearing.
   (d) If the court finds that probable cause exists, it shall determine whether the minor should be detained pending the hearing on the petition or released. It may either order the minor held in detention or released to the custody of a suitable person pending the hearing on the petition. If the court finds no probable cause, it shall order the minor released and close the case.
   (e) Except for temporary detention pending a detention hearing, a minor may be detained only by court order.

Authorities

47.10.140;47.10.141;47.12.025

Notes

Implemented As

7 AAC 52.395
7 AAC 52.400
7 AAC 52.440

References

7 AAC 52.440
AS 47.10.140 Temporary detention and detention hearing. [Repealed, Sec. 55
AS 47.10.141 Runaway and missing minors.
AS 47.12.025 Special provisions for certain persons considered to be minors.

History

(Sec. 46 ch 59 SLA 1996; am Sec. 32, 33 ch 107 SLA 1998; am Sec. 7, 8 ch 40 SLA 1999; am Sec. 3 ch 79 SLA 2001)

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