Rule 20. Waiver of Juvenile Jurisdiction

(a) Persons Subject to Trial as Adults. A person may not be tried as an adult for a delinquent act committed while the person was under the age of 18 unless the person is subject to AS 47.12.030 or the court has waived juvenile jurisdiction. (b) Waiver Petition. The Department or the juvenile may file a petition requesting the court to waive juvenile jurisdiction of a person alleged to have committed a delinquent act. Waiver may not be requested for delinquent conduct which has been the basis of an adjudication of delinquency. (c) Waiver Hearing. A waiver hearing will be given priority on the court calendar. The petitioner shall serve notice of the waiver hearing upon the parties. The notice, unless the hearing is requested by the juvenile, must specify the possible consequences of a waiver hearing. The conduct of a waiver hearing is governed by Criminal Rule 5.1(a)–(e). (d) Waiver Order. (1) Requirements. An order waiving juvenile jurisdiction must be accompanied by written findings of fact stating that: (A) there is probable cause to believe the juvenile committed the act for which waiver is sought; and (B) the juvenile is not amenable to treatment based on the factors stated in AS 47.12.100(b). (2) Effect. Upon issuance of an order waiving juvenile jurisdiction, the juvenile proceeding will be closed and the waived juvenile may be prosecuted as an adult for the delinquent conduct for which waiver was sought. (e) Custody Pending Criminal Proceedings. The court may order that a juvenile who has been waived for trial as an adult be held in custody pending arraignment on criminal proceedings. Cross References CROSS REFERENCE: AS 47.12.100. PART VII. ADJUDICATION