Alaska Statutes
Alaska Stat. § 47.12.100 (2026)
Waiver of jurisdiction
✓ current as of July 2026
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Sec. 47.12.100. Waiver of jurisdiction.
(a) If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. Subject to the provisions of AS 47.12.105, after a case is closed under this subsection, the minor may be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult.
(b) A minor is unamenable to treatment under this chapter if the minor probably cannot be rehabilitated by treatment under this chapter before reaching 20 years of age. In determining whether a minor is unamenable to treatment, the court may consider the seriousness of the offense the minor is alleged to have committed, the minor's history of delinquency, the probable cause of the minor's delinquent behavior, and the facilities available to the department for treating the minor.
(c) For purposes of making a determination under this section,
(1) the standard of proof is by a preponderance of the evidence; and
(2) the burden of proof that a minor is not amenable to treatment under this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking to have the court declare a minor a delinquent is based on the minor's alleged commission of an offense that is an unclassified felony or class A felony and that is a crime against a person, the minor
(A) is rebuttably presumed not to be amenable to treatment under this chapter; and
(B) has the burden of proof of showing that the minor is amenable to treatment under this chapter.
(a) If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. Subject to the provisions of AS 47.12.105, after a case is closed under this subsection, the minor may be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult.
(b) A minor is unamenable to treatment under this chapter if the minor probably cannot be rehabilitated by treatment under this chapter before reaching 20 years of age. In determining whether a minor is unamenable to treatment, the court may consider the seriousness of the offense the minor is alleged to have committed, the minor's history of delinquency, the probable cause of the minor's delinquent behavior, and the facilities available to the department for treating the minor.
(c) For purposes of making a determination under this section,
(1) the standard of proof is by a preponderance of the evidence; and
(2) the burden of proof that a minor is not amenable to treatment under this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking to have the court declare a minor a delinquent is based on the minor's alleged commission of an offense that is an unclassified felony or class A felony and that is a crime against a person, the minor
(A) is rebuttably presumed not to be amenable to treatment under this chapter; and
(B) has the burden of proof of showing that the minor is amenable to treatment under this chapter.
Notes of Decisions
Cited in 7
cases, 1998–2020 · leading case: State of Iowa v. Noah Riley Crooks, 911 N.W.2d 153 (Iowa 2018).
State of Iowa v. Noah Riley Crooks, 911 N.W.2d 153 (Iowa 2018). “8 He 8See Alaska Stat. Ann. § 47.12.100 (West, Westlaw through 2017 1st Reg.”
State v. Kalmakoff, 122 P.3d 224 (Alaska Ct. App. 2005). “Because the great weight of authority supports the constitutionality of the State’s juvenile waiver procedure, we uphold it.”
C.D., a Minor v. State of Alaska, 458 P.3d 81 (Alaska 2020). “5 See AS 47.12.100(a). 6 See AS 47.12.100(a), (c).”
State v. Green, 502 S.E.2d 819 (N.C. 1998). “33, § 5506 (a)(10) (1991); and Alaska, Arizona, Delaware, Idaho, Maine, Nebraska, New Hampshire, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, and Wyoming have no minimum age for trial as an adult for sexual offense, Alaska Stat. § 47.12.100 (Michie 1996), Ariz.”
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “AS 47.12.100(a). When that waiver petition is litigated, it is the State’s burden to *1222 prove by a preponderance of the evidence that the minor is not amenable to juvenile treatment.”
Holden v. State, 190 P.3d 725 (Alaska Ct. App. 2008). “criminal prosecution, post-conviction relief, juvenile delinquency (including waiver of juvenile jurisdiction under AS 47.12.100), extradition, habeas corpus,.”
Wilson v. State, 967 P.2d 98 (Alaska Ct. App. 1998). “030(a) and AS 47.12.100(b). Instead of litigating the issue of his amenability to treatment, Wilson instead attacked the constitutionality of AS 47.”
— Alaska Stat. § 47.12.100(a) — 2 cases
C.D., a Minor v. State of Alaska, 458 P.3d 81 (Alaska 2020). “5 See AS 47.12.100(a). 6 See AS 47.12.100(a), (c).”
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “AS 47.12.100(a). When that waiver petition is litigated, it is the State’s burden to *1222 prove by a preponderance of the evidence that the minor is not amenable to juvenile treatment.”
— Alaska Stat. § 47.12.100(b) — 4 cases
State v. Kalmakoff, 122 P.3d 224 (Alaska Ct. App. 2005). “Because the great weight of authority supports the constitutionality of the State’s juvenile waiver procedure, we uphold it.”
C.D., a Minor v. State of Alaska, 458 P.3d 81 (Alaska 2020). “5 See AS 47.12.100(a). 6 See AS 47.12.100(a), (c).”
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “AS 47.12.100(a). When that waiver petition is litigated, it is the State’s burden to *1222 prove by a preponderance of the evidence that the minor is not amenable to juvenile treatment.”
Wilson v. State, 967 P.2d 98 (Alaska Ct. App. 1998). “030(a) and AS 47.12.100(b). Instead of litigating the issue of his amenability to treatment, Wilson instead attacked the constitutionality of AS 47.”
— Alaska Stat. § 47.12.100(c) — 1 case
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “AS 47.12.100(a). When that waiver petition is litigated, it is the State’s burden to *1222 prove by a preponderance of the evidence that the minor is not amenable to juvenile treatment.”
— Alaska Stat. § 47.12.100(c)(2) — 2 cases
C.D., a Minor v. State of Alaska, 458 P.3d 81 (Alaska 2020). “5 See AS 47.12.100(a). 6 See AS 47.12.100(a), (c).”
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “AS 47.12.100(a). When that waiver petition is litigated, it is the State’s burden to *1222 prove by a preponderance of the evidence that the minor is not amenable to juvenile treatment.”
— Alaska Stat. § 47.12.100(c)(2)(A) — 1 case
State v. Kalmakoff, 122 P.3d 224 (Alaska Ct. App. 2005). “Because the great weight of authority supports the constitutionality of the State’s juvenile waiver procedure, we uphold it.”
— Alaska Stat. § 47.12.100(c)(2)(B) — 1 case
C.D., a Minor v. State of Alaska, 458 P.3d 81 (Alaska 2020). “5 See AS 47.12.100(a). 6 See AS 47.12.100(a), (c).”
— Alaska Stat. § 47.12.100(e)(2) — 1 case
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “AS 47.12.100(a). When that waiver petition is litigated, it is the State’s burden to *1222 prove by a preponderance of the evidence that the minor is not amenable to juvenile treatment.”
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