When a person under 18 is accused of a crime, he or she usually enter the juvenile justice system. These are called “juvenile delinquency” cases.
For serious offenses like murder or sexual assault, 16 and 17 year olds go straight to adult court. The prosecutor may also request that some youth offenders have their cases heard as if they were adults.
Juveniles have the same constitutional rights as adults, including the right to remain silent and the right to an attorney. But there are differences in the processes:
The Division of Juvenile Justice (DJJ) is part of the Department of Health and Social Services that handles most criminal cases and some civil matters involving juveniles. When a juvenile commits a crime, DJJ assigns a juvenile probation officer to the case. The probation officer is the first point of contact for an offender following an arrest by police for most offenses.
However, state and local prosecutors handle traffic offenses, fish and game violations, parks and recreation violations, underage drinking, and underage purchase of tobacco.
Yes, the juvenile court may move (also called waive) the case to adult court in the following situations:
The judge has to approve the case moving to adult court for anyone younger than 16, or if the crime is other than an unclassified or Class A felony. This is called a “discretionary waiver.”
The superior court will try the juvenile as an adult and, if convicted, the juvenile will serve time in an adult prison.
The juvenile can hire a lawyer at any time. The juvenile is entitled to a lawyer at public expense once charged and determined to not have enough money to pay for a private lawyer. The court appoints a lawyer from the Public Defender Agency to represent a juvenile charged with committing a crime. The lawyer’s role is to defend the juvenile and advocate for what the juvenile wants. The lawyer does not represent the juvenile’s family or advocate for what the family wants. Sometimes, this can be difficult for the family if the juvenile and family want different things to happen.
At adjudication, the State of Alaska is represented by a lawyer from the District Attorney’s office (DA) if the case goes to trial. The DA’s role is to prove the charges against the juvenile.
Yes, the records are confidential until a court orders them open.
Police, military, and government officials may inspect them with consent of the court. If the juvenile completes the terms of the sentence, and has no more trouble with the law, the adjudication of delinquency will remain confidential.
The juvenile or their parents can sign a release giving someone permission to review their juvenile delinquency records. Employer may ask for releases to understand someone’s juvenile delinquency or criminal history.
It depends on the conduct committed by the juvenile. An adult who carries a concealed firearm may be charged with a crime if he or she was found delinquent as a juvenile because of conduct that would be a felony if committed by an adult.
An officer has different options:
A juvenile case usually begins when a police officer refers a case to a juvenile probation officer. The probation officer:
See a flowchart of the full process.
Detention is the short-term facility to confine a juvenile while waiting for a court hearing. It is similar to going to jail in an adult criminal case because the juvenile cannot leave.
Juveniles may go to a detention unit because they:
Juveniles in detention appear in court every 30 days, until released.
While in detention, juveniles are offered programs that include school, recreational activities, religious services, substance abuse education, anger management and life skills development.
The probation officer may decide:
The Division of Juvenile Justice resolves most juvenile cases with an informal adjustment, outside of the court system. Informal adjustment tends to be used for less-serious offenses by juveniles who do not have a significant history of delinquency. An adjustment is used when the probation officer decides there is enough evidence to prove the case, but it would serve the best interests of the community and the juvenile not to prosecute. An informal adjustment requires the agreement of the juvenile and parents. The probation officer may meet with the offender and their family and:
A large majority of juveniles whose cases are adjusted do not return to the juvenile system.
The probation officer may put the juvenile on informal probation for up to 6 months without going to court, if the juvenile and family agree. It can be extended for another 6 months if everyone agrees. Informal probation is a contract, and the probation officer cannot change it without agreement. The parents and juvenile agree that if he or she violates the conditions of informal probation, the probation officer can take the original charges to court.
There are 3 stages in a delinquency case:
The juvenile, his or her family, and the lawyer have many decisions to make, including:
It is really important that juveniles talk to their lawyers and parents or guardians to make sure they understand the consequences of each decision. Sometimes there are special court hearings about one or more of these issues. There are also status hearings about routine things, such as whether the lawyers are ready and what date the adjudication will occur. Juveniles have the right to attend every court hearing about their case, but may not have to be there if they don’t want to be in person. Juveniles should talk to their lawyers about whether it is necessary to be in court.
The first time the juvenile appears in court is called an arraignment, an advisement, or an initial hearing. At an arraignment, the judge will tell the juvenile what crime he or she is accused of committing, and explain their rights. The juvenile must respond to either admit or deny the charges. This is like pleading guilty or not guilty in adult court. Most juveniles with their lawyer’s advice deny the charges. The juvenile can change their plea later.
If the juvenile cannot afford a lawyer, the court will usually appoint one at the arraignment. If a juvenile can afford a lawyer but doesn’t have one yet, the juvenile can ask the court for a reasonable amount of time to find a lawyer before deciding anything such as making a plea. The court may also appoint a Guardian Ad Litem if the court needs a neutral party to make recommendations about the juvenile’s best interests.
After a juvenile has their first court hearing before adjudication, the court can order conditions of conduct to follow. These may include: obeying all laws, remaining in school, not drinking alcohol, doing drugs, and others. A probation officer will:
If the court keeps the juvenile in detention after the arraignment, the juvenile will have a detention review hearing every 30 days or less. At the hearing the judge will decide if the juvenile should stay in detention until the next hearing but no longer than 30 days without a review. The judge will consider:
If the court decides to release the juvenile, he or she may be released to their parents’ or guardian’s custody or to Division of Juvenile Justice‘s custody. The court will also set conditions of release for the juvenile to follow. The juvenile will go back to detention if he or she doesn’t follow the conditions.
The probation officer may decide that the case requires a formal court process called an adjudication of delinquency. The adjudication process is designed to create a court record of the offense and to get greater control over the juvenile’s behavior. The probation officer files a delinquency petition with the court. Probation officers must file petitions in serious felony cases and in cases where the victim has lost so much that the offender will need a long time to make restitution. In some cases, the probation officer also may petition the court to open the adjudication hearing to the public.
In some cases, juveniles accused of crimes have conflicts with their parents or have no adult who can help them protect their interests. In addition to the juvenile's lawyer, the judge may appoint a Guardian Ad Litem (GAL) to make recommendations in the juvenile’s best interests. GALs:
Because the GAL advocates for the juvenile’s best interests, sometimes what the GAL thinks is best for the juvenile is different than what the juvenile wants. The Office of Public Advocacy Child Advocacy Unit hires some GALs; the court contracts with others.
Once the probation officer files a petition for adjudication, there will be an adjudication hearing in Superior Court. At the adjudication hearing, the judge or jury will decide whether the juvenile is delinquent or not delinquent. The prosecutor tries to prove beyond a reasonable doubt that the juvenile committed the offense he or she was charged with. Any victim of the offense also has a right to testify or state what happened. The judge will talk to the people concerned, look at evidence and results from any screenings or assessments that have been done, and consider the juvenile’s history. The adjudication hearing is not open to the public unless DJJ or the juvenile requests it and certain criteria set out in the law are met.
If the juvenile is found delinquent, which is similar to a guilty verdict, the judge will order an outcome for the case. This part of the case may be held separately and is closed to the public. The judge may order probation, institutionalization, or hold the charges in abeyance.
The juvenile has a right to a jury in the adjudication hearing. It is up to the juvenile to request the jury and most cases that have an adjudication hearing have juries.
The presumption of innocence means that the court presumes the juvenile is innocent. During adjudication, the state has the burden of proving beyond a reasonable doubt that a juvenile committed an act of delinquency. The prosecutor must present evidence that proves the juvenile committed the offense. The fact that the juvenile is accused of something, or that the police have investigated does not prove the juvenile is guilty. If the prosecutor does not have enough evidence to prove the juvenile committed the crime, the juvenile does not have to present any evidence at all. The juvenile has the right to present evidence that supports their defense, and in most cases, will do so.
The probation officer may recommend that the juvenile participate in a diversion program which is an out-of-court process, such as:
Diversion serves many important purposes:
There is a court process where the juvenile, his or her parents, and the lawyer if there is one, agree to a formal diversion agreement that will last up to 12 months. If the court accepts the diversion agreement, it will not record a plea, and will delay any further hearings.
The Probation Office will assign the juvenile to a diversion program. The probation officer will directly supervise the juvenile and make sure he or she is meeting the program requirements. When the juvenile successfully completes the diversion agreement, the probation officer will request that the court dismiss the original adjudication petition. If the juvenile violates the agreement, the probation officer will go forward with a formal hearing, as if the diversion never took place.
At adjudication, the judge may make a ruling, but decide to delay requiring the consequence like probation or institutionalization to allow the juvenile the chance to meet some conditions. The court may hold the case in abeyance for up to 1 year, allowing the juvenile to complete conditions like paying restitution and staying out of trouble. If the juvenile satisfies the conditions the court won’t require probation or institutionalization and can dismiss the case.
If a juvenile does not satisfy the conditions outlined by the court, the adjudication would be entered and the juvenile would go through the disposition process, which could result in being placed on formal probation.
If the juvenile is found not to be delinquent, then the juvenile must be released right away, and the case is over. If the juvenile is found to be delinquent, then the court will schedule a disposition hearing. At the disposition hearing, the judge decides the consequences. There is no jury during disposition.
The judge may hold a disposition hearing immediately if all involved agree. Otherwise the disposition would happen within 30 days for juveniles in detention and 60 days for those out of custody. Usually the court will wait for DJJ to prepare a predisposition report, which may take several months. DJJ will:
DJJ will recommend a treatment plan based on the information. The judge will consider this report seriously, but does not have to follow it. The juvenile can present evidence against the report. At the disposition hearing, the judge will consider the juvenile’s evidence, the evidence in the report, and possibly other evidence from the state. Victims are allowed to give a written or oral statement. The judge will decide the appropriate requirements for the juvenile to follow, including restitution to the victim.
If the court adjudicates the juvenile delinquent, the court has different options:
After the adjudication hearing, most juveniles are placed in the community on conditions of probation under the supervision of probation officers. During probation, the juvenile must follow all conditions that can include:
Probation officers:
Learn more about the DJJ’s regional probation services.
If the court believes that the juvenile needs greater restrictions, the judge can order commitment to a juvenile facility, commonly called institutionalization. After receiving input from the juvenile, the parents/guardians and probation officer, the juvenile is placed in one of DJJ’s four secure, long-term facilities. Juvenile facilities provide secure custody, behavior management, education, health care, substance abuse and family counseling, and work opportunities.
Facilities in Anchorage, Fairbanks, Juneau and Bethel house institutional youth. Facilities in Kenai, Mat-Su and Bethel house youth pending adjudication or who were arrested for violations.
The programs are designed to:
Get information about DJJ facilities.
After a formal court hearing, a judge may order a juvenile based on assessed need to out-patient or in-patient residential treatment for mental health and/or substance abuse.
The court order may include formal probation supervision after the juvenile is released from treatment. Aftercare services may be available to help the youth adjust to community placement and maintain the progress made while in treatment.
Get information about DJJ treatment and its facilities.
A juvenile is released from DJJ supervision after completing the terms of his or her court order, or after “aging out” upon his or her 19th birthday. Juveniles may stay under DJJ supervision or custody up to their 20th birthday if they agree with this continued supervision or custody and a court grants the extension.
A juvenile adjudicated as delinquent has the right to appeal from the court's decision to a higher court. Grounds for appeal include procedural error, violation of constitutional rights, and not enough evidence presented at the hearing.
If the juvenile's circumstances have changed since placement, he or she may request a review hearing to ask for a more suitable placement. The juvenile has a right to be present and to be represented by a lawyer. The court automatically holds review hearings once a year to review juvenile placements.