Alaska § 47.12.250 - Temporary detention and detention hearing.

§ 47.12.250. Temporary detention and detention hearing.

 (a) A peace officer or a juvenile probation officer who has arrested, or a peace officer who has continued the arrest of, a minor under AS 47.12.245 or a minor for criminal charges under AS 47.12.030 may        (1) have the minor detained in a juvenile detention facility or temporary secure juvenile holding area if, in the opinion of the 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 subject to delinquency proceedings 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 or temporary secure juvenile holding area, 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.

 (f) A minor arrested for criminal charges under AS 47.12.030 is subject to adult court proceedings and shall be held in a juvenile detention facility under AS 47.12.105 . A minor arrested under this section may be temporarily held in an adult correctional facility or temporary secure juvenile holding area under the conditions set out in AS 47.12.240 (c).