Alaska Statutes
Alaska Stat. § 47.12.120 (2026)
Judgments and orders
✓ current as of July 2026
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Sec. 47.12.120. Judgments and orders.
(a) The court, at the conclusion of the hearing, or thereafter as the circumstances of the case may require, shall find and enter a judgment that the minor is or is not delinquent.
(b) If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall
(1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing (A) two-year extensions of commitment that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and (B) an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it; the department shall place the minor in the juvenile facility that the department considers appropriate and that may include a juvenile treatment facility, juvenile detention facility, or secure residential psychiatric treatment center; the minor may be released from placement or detention and placed on probation on order of the court and may also be released by the department, in its discretion, under AS 47.12.260;
(2) order the minor placed on probation, to be supervised by the department, and released to the minor's parents, guardian, or a suitable person; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing
(A) two-year extensions of supervision that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and
(B) an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it;
(3) order the minor committed to the custody of the department and placed on probation, to be supervised by the department and released to the minor's parents, guardian, other suitable person, or suitable nondetention setting such as with a relative or in a foster home or residential child care facility, whichever the department considers appropriate to implement the treatment plan of the predisposition report; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the department may transfer the minor, in the minor's best interests, from one of the probationary placement settings listed in this paragraph to another, and the minor, the minor's parents or guardian, the minor's foster parent, and the minor's attorney are entitled to reasonable notice of the transfer; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing
(A) two-year extensions of commitment that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and
(B) an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it;
(4) order the minor and the minor's parent to make suitable restitution in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; under this paragraph,
(A) except as provided in (B) of this paragraph, the court may not refuse to make an order of restitution to benefit the victim of the act of the minor that is the basis of the delinquency adjudication; under this subparagraph, the court may require the minor to use the services of a community dispute resolution center that has been recognized by the commissioner under AS 47.12.450(b) to resolve any dispute between the minor and the victim of the minor's offense as to the amount of or manner of payment of the restitution;
(B) the court may not order payment of restitution by the parent of a minor who is a runaway or missing minor for an act of the minor that was committed by the minor after the parent has made a report to a law enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or is missing; for purposes of this subparagraph, “runaway or missing minor” means a minor who a parent reasonably believes is absent from the minor's residence for the purpose of evading the parent or who is otherwise missing from the minor's usual place of abode without the consent of the parent; and
(C) at the request of the department, the Department of Law, the victims' advocate, or on its own motion, the court shall, at any time, order the minor and the minor's parent, if applicable, to submit financial information on a form approved by the Alaska Court System to the court, the department, and the Department of Law for the purpose of establishing the amount of restitution or enforcing an order of restitution under AS 47.12.170; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210;
(5) order the minor committed to the department for placement in an adventure-based education program established under AS 47.21.020 with conditions the court considers appropriate concerning release upon satisfactory completion of the program or commitment under (1) of this subsection if the program is not satisfactorily completed;
(6) in addition to an order under (1) — (5) of this subsection, order the minor to perform community service; for purposes of this paragraph, “community service” includes work
(A) on a project identified in AS 33.30.901; or
(B) that, on the recommendation of the city council or traditional village council, would benefit persons within the city or village who are elderly or disabled; or
(7) in addition to an order under (1) — (6) of this subsection, order the minor's parent or guardian to comply with orders made under AS 47.12.155, including participation in treatment under AS 47.12.155(b)(1).
(c) If the court finds that the minor is not delinquent, it shall immediately order the minor released from the department's custody and returned to the minor's parents, guardian, or custodian, and dismiss the case.
(d) A minor found to be delinquent is a ward of the state while committed to the department or while the department has the power to supervise the minor's actions. The court shall review an order made under (b) of this section annually and may review the order more frequently to determine if continued placement, probation, or supervision, as it is being provided, is in the best interest of the minor and the public. The department, the minor, and the minor's parents, guardian, or custodian are entitled, when good cause is shown, to a review on application. If the application is granted, the court shall afford these parties and their counsel and the minor's foster parent reasonable notice in advance of the review and hold a hearing where these parties and their counsel and the minor's foster parent shall be afforded an opportunity to be heard. The minor shall be afforded the opportunity to be present at the review.
(e) The department shall pay all court costs incurred in all proceedings in connection with the adjudication of delinquency under this chapter, including hearings that result in the release of the minor.
(f) A minor, the minor's parents or guardian acting on the minor's behalf, or the department may appeal a judgment or order, or the stay, modification, setting aside, revocation, or enlargement of a judgment or order issued by the court under this chapter.
(g) [Repealed, § 54 ch 107 SLA 1998.]
(h) [Repealed, § 74 ch 35 SLA 2003.]
(i) When, under (a) of this section, the court enters judgment finding that a minor is delinquent, the court may order the minor temporarily detained pending entry of its dispositional order if the court finds that detention is necessary
(1) to protect the minor or the community; or
(2) to ensure the minor's appearance at a subsequent court hearing.
(j) If, in a case in which a district attorney has elected to seek imposition of a dual sentence under AS 47.12.065, the court finds that the minor is delinquent for committing an offense in the circumstances set out in AS 47.12.065, or if the minor agrees as part of a plea agreement to be subject to dual sentencing, the court shall
(1) enter one or more orders under (b) of this section; and
(2) pronounce a sentence for the offense in accordance with the provisions of AS 12.55; however, the sentence pronounced under this paragraph must include some period of imprisonment that is not suspended by the court.
(k) [Repealed, § 22 ch 32 SLA 2016.]
(a) The court, at the conclusion of the hearing, or thereafter as the circumstances of the case may require, shall find and enter a judgment that the minor is or is not delinquent.
(b) If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall
(1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing (A) two-year extensions of commitment that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and (B) an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it; the department shall place the minor in the juvenile facility that the department considers appropriate and that may include a juvenile treatment facility, juvenile detention facility, or secure residential psychiatric treatment center; the minor may be released from placement or detention and placed on probation on order of the court and may also be released by the department, in its discretion, under AS 47.12.260;
(2) order the minor placed on probation, to be supervised by the department, and released to the minor's parents, guardian, or a suitable person; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing
(A) two-year extensions of supervision that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and
(B) an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it;
(3) order the minor committed to the custody of the department and placed on probation, to be supervised by the department and released to the minor's parents, guardian, other suitable person, or suitable nondetention setting such as with a relative or in a foster home or residential child care facility, whichever the department considers appropriate to implement the treatment plan of the predisposition report; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the department may transfer the minor, in the minor's best interests, from one of the probationary placement settings listed in this paragraph to another, and the minor, the minor's parents or guardian, the minor's foster parent, and the minor's attorney are entitled to reasonable notice of the transfer; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing
(A) two-year extensions of commitment that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and
(B) an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it;
(4) order the minor and the minor's parent to make suitable restitution in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; under this paragraph,
(A) except as provided in (B) of this paragraph, the court may not refuse to make an order of restitution to benefit the victim of the act of the minor that is the basis of the delinquency adjudication; under this subparagraph, the court may require the minor to use the services of a community dispute resolution center that has been recognized by the commissioner under AS 47.12.450(b) to resolve any dispute between the minor and the victim of the minor's offense as to the amount of or manner of payment of the restitution;
(B) the court may not order payment of restitution by the parent of a minor who is a runaway or missing minor for an act of the minor that was committed by the minor after the parent has made a report to a law enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or is missing; for purposes of this subparagraph, “runaway or missing minor” means a minor who a parent reasonably believes is absent from the minor's residence for the purpose of evading the parent or who is otherwise missing from the minor's usual place of abode without the consent of the parent; and
(C) at the request of the department, the Department of Law, the victims' advocate, or on its own motion, the court shall, at any time, order the minor and the minor's parent, if applicable, to submit financial information on a form approved by the Alaska Court System to the court, the department, and the Department of Law for the purpose of establishing the amount of restitution or enforcing an order of restitution under AS 47.12.170; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210;
(5) order the minor committed to the department for placement in an adventure-based education program established under AS 47.21.020 with conditions the court considers appropriate concerning release upon satisfactory completion of the program or commitment under (1) of this subsection if the program is not satisfactorily completed;
(6) in addition to an order under (1) — (5) of this subsection, order the minor to perform community service; for purposes of this paragraph, “community service” includes work
(A) on a project identified in AS 33.30.901; or
(B) that, on the recommendation of the city council or traditional village council, would benefit persons within the city or village who are elderly or disabled; or
(7) in addition to an order under (1) — (6) of this subsection, order the minor's parent or guardian to comply with orders made under AS 47.12.155, including participation in treatment under AS 47.12.155(b)(1).
(c) If the court finds that the minor is not delinquent, it shall immediately order the minor released from the department's custody and returned to the minor's parents, guardian, or custodian, and dismiss the case.
(d) A minor found to be delinquent is a ward of the state while committed to the department or while the department has the power to supervise the minor's actions. The court shall review an order made under (b) of this section annually and may review the order more frequently to determine if continued placement, probation, or supervision, as it is being provided, is in the best interest of the minor and the public. The department, the minor, and the minor's parents, guardian, or custodian are entitled, when good cause is shown, to a review on application. If the application is granted, the court shall afford these parties and their counsel and the minor's foster parent reasonable notice in advance of the review and hold a hearing where these parties and their counsel and the minor's foster parent shall be afforded an opportunity to be heard. The minor shall be afforded the opportunity to be present at the review.
(e) The department shall pay all court costs incurred in all proceedings in connection with the adjudication of delinquency under this chapter, including hearings that result in the release of the minor.
(f) A minor, the minor's parents or guardian acting on the minor's behalf, or the department may appeal a judgment or order, or the stay, modification, setting aside, revocation, or enlargement of a judgment or order issued by the court under this chapter.
(g) [Repealed, § 54 ch 107 SLA 1998.]
(h) [Repealed, § 74 ch 35 SLA 2003.]
(i) When, under (a) of this section, the court enters judgment finding that a minor is delinquent, the court may order the minor temporarily detained pending entry of its dispositional order if the court finds that detention is necessary
(1) to protect the minor or the community; or
(2) to ensure the minor's appearance at a subsequent court hearing.
(j) If, in a case in which a district attorney has elected to seek imposition of a dual sentence under AS 47.12.065, the court finds that the minor is delinquent for committing an offense in the circumstances set out in AS 47.12.065, or if the minor agrees as part of a plea agreement to be subject to dual sentencing, the court shall
(1) enter one or more orders under (b) of this section; and
(2) pronounce a sentence for the offense in accordance with the provisions of AS 12.55; however, the sentence pronounced under this paragraph must include some period of imprisonment that is not suspended by the court.
(k) [Repealed, § 22 ch 32 SLA 2016.]
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1998–2024 · leading case: State v. Sandsness, 72 P.3d 299 (Alaska 2003).
State v. Sandsness, 72 P.3d 299 (Alaska 2003). “[21] AS 47.12.120(b) provides in pertinent part: If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall (1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past…”
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “Instead, AS 47.12.120(b)(4) provides that a court shall order a minor and the minor's parents to make "suitable restitution" following the adjudication of a minor as delinquent.”
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “’s travel expenses constituted a “court cost” that DJJ was required to pay under its authorizing statute, AS 47.12.120(e). The court of appeals reversed the superior court’s ruling in an unpublished order.”
State v. Morgan, 111 P.3d 360 (Alaska Ct. App. 2005). “[4] AS 47.12.120(b) (formerly AS 47.10.080(b)).”
State v. W.P., a minor, 349 P.3d 181 (Alaska Ct. App. 2015). “This statute declares that if , the superior court orders a minor or their parent to pay restitution as part of the court's disposition order under AS 47.12.120, that portion of the court's order "is a civil judgment that remains enforceable after the expiration of the court's…”
W.S. v. State, 174 P.3d 256 (Alaska Ct. App. 2008). “" 9 During its debates on HB 357, the legislature considered amending AS 47.12.120(b), the statute that governs restitution in juvenile delinquency cases.”
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “under AS 47.12.120(b)”. In other words, if the minor proves that they are amenable to treatment, the court will not sentence the minor as an adult but will instead impose one or more of the juvenile dispositions listed in AS 47.”
State v. Auliye, 57 P.3d 711 (Alaska Ct. App. 2002). “080(b), now recodified as AS 47.12.120(b). 9 . Alexander v. Anchorage, 490 P.”
Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “110(d); and AS 47.12.120(b)(4)(A). Alaska Delinquency Rules 2(a) and 21(a) explicitly define "adjudication hearing" as the fact-finding proceeding in which a judge or jury determines whether the minor has violated the criminal law.”
Smith v. State, 258 P.3d 913 (Alaska Ct. App. 2011). “If the court finds that the minor is amenable to treatment under this chapter, the minor shall be treated as though the charges had been heard under this chapter, and the court shall order disposition of the charges of which the minor is convicted under AS 47.12.120(b). The…”
B.F.L. v. State, 233 P.3d 1118 (Alaska Ct. App. 2010). “Indeed, this presumption applies whether the *1124 proposed removal is to a non-detention facility under subsection (b)(8) or (b)(5) of AS 47.12.120 or to a detention facility under subsection (b)(1) of the statute.”
Elizabeth Watson v. State of Alaska, 487 P.3d 568 (Alaska 2021). “69 AS 47.12.120(b)(1). At least two juvenile offenders have unsuccessfully argued that longer periods of detention and supervision in the juvenile system than those imposed for adult misdemeanor penalties violates equal protection.”
— Alaska Stat. § 47.12.120(b) — 9 cases
State v. Morgan, 111 P.3d 360 (Alaska Ct. App. 2005). “[4] AS 47.12.120(b) (formerly AS 47.10.080(b)).”
State v. Sandsness, 72 P.3d 299 (Alaska 2003). “[21] AS 47.12.120(b) provides in pertinent part: If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall (1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past…”
State v. Ladd, 951 P.2d 1220 (Alaska Ct. App. 1998). “under AS 47.12.120(b)”. In other words, if the minor proves that they are amenable to treatment, the court will not sentence the minor as an adult but will instead impose one or more of the juvenile dispositions listed in AS 47.”
State v. Auliye, 57 P.3d 711 (Alaska Ct. App. 2002). “080(b), now recodified as AS 47.12.120(b). 9 . Alexander v. Anchorage, 490 P.”
Smith v. State, 258 P.3d 913 (Alaska Ct. App. 2011). “If the court finds that the minor is amenable to treatment under this chapter, the minor shall be treated as though the charges had been heard under this chapter, and the court shall order disposition of the charges of which the minor is convicted under AS 47.12.120(b). The…”
— Alaska Stat. § 47.12.120(b)(1) — 7 cases
State v. Sandsness, 72 P.3d 299 (Alaska 2003). “[21] AS 47.12.120(b) provides in pertinent part: If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall (1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past…”
State v. Morgan, 111 P.3d 360 (Alaska Ct. App. 2005). “[4] AS 47.12.120(b) (formerly AS 47.10.080(b)).”
Elizabeth Watson v. State of Alaska, 487 P.3d 568 (Alaska 2021). “69 AS 47.12.120(b)(1). At least two juvenile offenders have unsuccessfully argued that longer periods of detention and supervision in the juvenile system than those imposed for adult misdemeanor penalties violates equal protection.”
Andrews v. State, 967 P.2d 1016 (Alaska Ct. App. 1998).
B.F.L. v. State, 233 P.3d 1118 (Alaska Ct. App. 2010). “Indeed, this presumption applies whether the *1124 proposed removal is to a non-detention facility under subsection (b)(8) or (b)(5) of AS 47.12.120 or to a detention facility under subsection (b)(1) of the statute.”
— Alaska Stat. § 47.12.120(b)(2) — 1 case
I.J., a minor v. State of Alaska, 553 P.3d 1263 (Alaska Ct. App. 2024).
— Alaska Stat. § 47.12.120(b)(3) — 2 cases
BFL v. State, 233 P.3d 1118 (Alaska Ct. App. 2010).
I.J., a minor v. State of Alaska, 553 P.3d 1263 (Alaska Ct. App. 2024).
— Alaska Stat. § 47.12.120(b)(4) — 5 cases
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “Instead, AS 47.12.120(b)(4) provides that a court shall order a minor and the minor's parents to make "suitable restitution" following the adjudication of a minor as delinquent.”
W.S. v. State, 174 P.3d 256 (Alaska Ct. App. 2008). “" 9 During its debates on HB 357, the legislature considered amending AS 47.12.120(b), the statute that governs restitution in juvenile delinquency cases.”
State v. W.P., a minor, 349 P.3d 181 (Alaska Ct. App. 2015). “This statute declares that if , the superior court orders a minor or their parent to pay restitution as part of the court's disposition order under AS 47.12.120, that portion of the court's order "is a civil judgment that remains enforceable after the expiration of the court's…”
WS v. State, 174 P.3d 256 (Alaska Ct. App. 2008).
I.J., a minor v. State of Alaska, 553 P.3d 1263 (Alaska Ct. App. 2024).
— Alaska Stat. § 47.12.120(b)(4)(A) — 3 cases
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “Instead, AS 47.12.120(b)(4) provides that a court shall order a minor and the minor's parents to make "suitable restitution" following the adjudication of a minor as delinquent.”
State v. W.P., a minor, 349 P.3d 181 (Alaska Ct. App. 2015). “This statute declares that if , the superior court orders a minor or their parent to pay restitution as part of the court's disposition order under AS 47.12.120, that portion of the court's order "is a civil judgment that remains enforceable after the expiration of the court's…”
Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “110(d); and AS 47.12.120(b)(4)(A). Alaska Delinquency Rules 2(a) and 21(a) explicitly define "adjudication hearing" as the fact-finding proceeding in which a judge or jury determines whether the minor has violated the criminal law.”
— Alaska Stat. § 47.12.120(b)(4)(C) — 3 cases
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “Instead, AS 47.12.120(b)(4) provides that a court shall order a minor and the minor's parents to make "suitable restitution" following the adjudication of a minor as delinquent.”
W.S. v. State, 174 P.3d 256 (Alaska Ct. App. 2008). “" 9 During its debates on HB 357, the legislature considered amending AS 47.12.120(b), the statute that governs restitution in juvenile delinquency cases.”
WS v. State, 174 P.3d 256 (Alaska Ct. App. 2008).
— Alaska Stat. § 47.12.120(e) — 1 case
Alaska Pub. Def. Agency v. Superior Court, 450 P.3d 246 (Alaska 2019). “’s travel expenses constituted a “court cost” that DJJ was required to pay under its authorizing statute, AS 47.12.120(e). The court of appeals reversed the superior court’s ruling in an unpublished order.”
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