Rule 24.1. Imposition of Adult Portion of Dual Sentence

(a) Petition to Impose Adult Portion of Dual Sentence. The district attorney may petition the court for imposition of the adult portion of a dual sentence pronounced under AS 47.12.120(j)(2). The petition must be supported by an affidavit stating the particulars of the alleged violations. (b) Detention Pending Hearing. If the juvenile has been arrested, the provisions of Delinquency Rule 12 apply to continued detention or placement pending a hearing on the petition. (c) Hearing. The provisions of Delinquency Rule 24(c) apply to hearings on the petition to impose the adult portion of a dual sentence. (d) Sentence. If the district attorney demonstrates by a preponderance of the evidence that the juvenile has committed a subsequent felony offense that is a crime against a person or the crime of arson, the adult sentence previously pronounced under AS 47.12.120(j)(2) shall be imposed and custody transferred to the Department of Corrections. If the district attorney demonstrates by a preponderance of the evidence that the juvenile has committed any of the other circumstances set out in AS 47.12.160(d)(1) - (5), the adult sentence shall be imposed and custody transferred to the Department of Corrections, unless the juvenile proves by a preponderance of the evidence that mitigating circumstances exist that justify a continuance of the stay of the adult sentence and the juvenile is amenable to further treatment in the juvenile system. The court shall make written findings to support its order. Note: Chapter 70 SLA 2005 (SB 154) enacted changes concerning proceedings relating to delinquent minors. According to section 10 of the Act, the changes made by sections 1-8 of the Act have the effect of amending Delinquency Rule 24.1(d) by requiring the court to conform the rule to the statutory changes to acknowledge the inclusion of certain persons 18 years of age or over as minors under AS 47.12 and AS 47.14 and to acknowledge the special statutory provisions contained in sections 1-8 of the Act applicable to those persons. Cross References CROSS REFERENCE: AS 47.12.065; AS 47.12.120(j)(2); AS 47.12.160(d) and (e).