Delinquency Services Summary
Centralized State: A single state executive department administers services to delinquents in Alaska. The Division of Juvenile Justice, within Alaska's Department of Health and Social Services, administers detention, delinquency intake, community diversion, probation supervision, the juvenile corrections continuum, commitment and release, and aftercare/re-entry through 16 probation offices and 8 juvenile correctional facilities in 4 regions.

Court(s) with Delinquency Jurisdiction
Superior Courts exercise jurisdiction over delinquency matters. Superior Courts are general jurisdiction trial courts. For more information, visit the Alaska Court System's web site.

Highlights

Update of the Division of Juvenile Justice’s System Improvement Plan
The Division of Juvenile Justice (DJJ) implemented a System Improvement Plan in 2003 that included goals related to DJJ’s ability to ensure effective and efficient service delivery while adhering to its mission of community protection, offender accountability, and competency development. Some accomplishments since the plan's implementation include: adoption of the Detention Assessment Instrument and the Youth Level of Service/Case Management Inventory; participation in the Performance Based Standards project of the Council of Juvenile Correctional Administrators; implementation of Aggression Replacement Training; improved use of treatment units as a statewide resource; development of non-secure detention options; and improvement of transitional services. For more information, read Division of Juvenile Justice System Improvements Update Report.

Detention
The Department of Health and Social Services, Division of Juvenile Justice funds and operates eight juvenile detention facilities, four of which also serve as juvenile correctional facilities for the long-term confinement of youth. By statute, juveniles who pose a danger to themselves or others or require secure detention to ensure their appearance at subsequent court proceedings may be held in detention while awaiting adjudication or disposition. Secure detention is not used as a disposition option in Alaska. However, the Alaska District Court system, which has jurisdiction over alcohol, tobacco, traffic, and fish and game matters, may order persons to serve district court sentences at juvenile detention facilities. Secure detention may be used as a sanction for probation violations, depending on the seriousness of the violation, the youth's history, and other factors that are considered in the detention assessment process.

Juvenile probation officers use an objective Detention Assessment Instrument (DAI) to screen the need for secure detention on all referrals to secure detention. The DAI assesses a juvenile’s previous history, including prior offenses, most serious alleged offense, prior adjudications, and prior supervision status. The DAI has been automated into DJJ’s statewide Juvenile Offender Management Information System since May 2005.

Juveniles who have not had a detention hearing within 48 hours after being detained must be released from detention, unless otherwise ordered by the court. If a juvenile is in detention longer than 7 days, the juvenile probation officer must develop a transition plan that ensures the youth’s immediate risks and needs are being addressed and that the response to the youth’s behavior is active and appropriate. Juveniles held in detention who have not been adjudicated delinquent within 30 days must be released unless the court orders continued detention and states the reasons or the juvenile and his/her attorney stipulate to continued detention.

Alaska uses the Annie E. Casey Foundation's Pathways to Detention Reform program as a model for developing a detention continuum through the use of electronic monitoring, home detention, emergency non-secure care, intensive supervision, and secure detention. Current detention options include non-secure and community-based placements, such as non-secure shelters, foster care, and electronic monitoring. The Ketchikan Youth Facility provides detention services as well as a non-secure mental health unit for youth with serious emotional difficulties who need short-term evaluation, stabilization, and crisis respite services. The Division of Juvenile Justice continues to explore and develop non-secure alternatives to detention that are tailored to community needs and resources.

Delinquency Intake Screening
Juvenile probation/intake officers from the Department of Health and Social Services' Division of Juvenile Justice receive all delinquency referrals from law enforcement, except for traffic and other violations, status offenses, and certain serious felony offenses. (Referrals for 16- or 17-year old juveniles charged with certain serious felonies are subject to automatic waiver to criminal court.) Juvenile probation officers decide whether to handle the case formally or informally and may consult with the local prosecutor's office when making this decision.

In late 2005, the Division implemented the use of the Youth Level of Service/Case Management Inventory (YLS/CMI) in probation services statewide to assist in making intake decisions. Probation officers perform the YLS/CMI for youth referred to the formal court process, those who have been placed on informal probation, and those who have been referred to the Division repeatedly within a two-year timeframe. The YLS/CMI is used to determine supervision levels and to help craft appropriate case plans for youth. Reassessments are conducted at regular intervals to ensure that services are effectively addressing the youth’s risks and needs.

Once a petition is filed against a juvenile, the juvenile probation officer coordinates with the District Attorney and Assistant Attorney General to adjudicate the case. As part of that process, plea or petition response agreements and subsequent motions are coordinated with the District Attorney or Assistant Attorney General.

Diversion
Juvenile probation officers, working for the Division of Juvenile Justice, make diversion decisions. Approximately 63% of all delinquency referrals to the agency are handled informally through community-based diversion and accountability services. First-time juvenile offenders or those alleged to have committed minor offenses, such as misdemeanors or violations of municipal ordinances, are eligible for diversion. Juvenile probation policy restricts and limits diversion for certain felony charges.

Diversion options include community service, youth courts, community courts, dispute resolution services, circle peacemaking, victim/offender mediation, and restitution. There are currently 16 youth courts and community panels in Alaska. They are funded through the State of Alaska, OJJDP, and private sources. These youth courts take referrals from DJJ Probation Officers, District Courts and schools for youth who have committed non-violent first or second time misdemeanors as well as violations for minor consuming and school offenses. Most of the youth courts and community panels are members of United Youth Courts of Alaska, an association of member courts, which provides technical assistance, training and fund development for all the statewide youth courts.

Predisposition Investigation
Delinquency investigation varies somewhat from district to district within the state. Juvenile probation officers from the Division of Juvenile Justice (DJJ) are primarily responsible for collecting the social, psychological, and delinquency history of the offender, identifying services, collecting victim impact statements, notifying parties of hearings, and making disposition recommendations to the court. Prosecutors support DJJ by interviewing witnesses and victims, handling evidence, and preparing motions during contested hearings or for dispositions involving a recommendation for a long-term commitment order to a juvenile institution.

Probation services' Policy and Procedure Manual outlines protocols and content of predisposition investigations. Some provisions are statutory and include information on the juvenile's family background, past incidents of delinquent behavior, past adjudications, victim impact statements, and the juvenile's medical, educational, psychological, and psychiatric history (A.S. section 47.12.130; Rule 22 of the Alaska Delinquency Rules).

Victim Rights and Services
The statutory rights of crime victims in Alaska reside in Alaska Statutes Chapter 12.61. Victims of juvenile offenders have the same rights as those of adult offenders in Alaska, including the right to be informed of and be present at all juvenile proceedings; the right to make a statement before adjudication or disposition; and the right to be told of the release or the escape of the offender. The Alaska Judicial Council published a Handbook for Victims of Crime in Alaska, which describes the rights throughout the phases of the criminal and juvenile justice systems.

Victim-witness assistance programs employ victim advocates or victim-witness coordinators who provide victims with information, referrals, and support services. The Alaska Department of Health and Social Services, Division of Juvenile Justice is responsible for victim assistance and notification from arrest through release for juveniles committed to their youth correctional facilities. For less serious crimes, the juvenile probation officer will work with the victim, offender, parents of the offender, schools, and community groups to find ways to hold the offender accountable without going to juvenile court. An organization located in Anchorage, called Victims for Justice, provides help for victims all over the state by sending advocates to court with the victims, offering grief support, and helping victims find other resources.

Alaska legislature created the Alaska Office of Victims’ Rights in 2001 to provide legal help to victims who feel their rights have been violated by a justice agency, including prosecutors, police, and judges.

The Alaska Department of Administration operates the Violent Crimes Compensation Board. The compensation fund is funded through the forfeiture of convicted felony offenders’ annual checks that all Alaskans receive from the state’s permanent oil fund.

Probation Supervision
In Alaska, the Department of Juvenile Justice (DJJ), an executive branch agency, administers juvenile probation services, which are organized into 16 field probation offices in four separate regions of the state (Northern, Southcentral, the Municipality of Anchorage, and Southeast). Juvenile probation officers from the Division of Juvenile Justice carry caseloads of only juvenile offenders and supervise them whether at home or in a residential placement.

In formal cases, juvenile probation makes supervision recommendations to the court, which considers the recommendations and then orders terms it deems appropriate. The court may add conditions of its own. By statute, supervision may not exceed two years, although it may be extended by order of the court on recommendation by juvenile probation. The court is free to order periods of supervision of less than two years, if deemed appropriate.

In late 2005, probation officers throughout the state began using the Youth Level of Service/Case Management Inventory (YLS/CMI), a risk/needs assessment tool, to help determine the necessary level of probation involvement with youth based on the level of risk identified through the instrument and to assist in identifying appropriate case management services. The YLS/CMI has been automated into DJJ’s statewide Juvenile Offender Management Information System. DJJ is also exploring the possible use of other assessment tools for sex offenders, youth with mental health issues, and other specialized populations.

As part of their supervision, all adjudicated youth must abide by Conditions of Probation or Conditions of Conduct. In addition, individual case plans are required for all youth on formal supervision. The probation officer and the youth review the case plans at regular intervals and update them as needed.

DJJ has integrated the principles of restorative justice into its provision of juvenile justice services. This shift coincided with DJJ's establishment in 1999 as a separate division within the Department of Health and Social Services. Restorative justice principles are reflected in its mission statement: The mission of the Division of Juvenile Justice is to hold juvenile offenders accountable for their behavior, promote the safety and restoration of victims and communities, and assist offenders and their families in developing skills to prevent crime.

Due to its focus on restorative justice, DJJ has increased the number of community-based services for juvenile probationers, such as having probation officers in the schools or at a Boys and Girls Club. Select school districts have developed alternative school programs in which juvenile probationers participate in regular school classes during non-traditional hours (late afternoon, early evening, and weekends). Probation services are provided during non-traditional working hours (evenings and weekends) in a few probation offices in Alaska. Juvenile probation offices and youth facilities that have sufficient staff available provide specialized probation services. The state funds all general probation services and most specialized probation services, with a few specialized positions supported through municipal grants.

State statute and the Alaska Administrative Code provide mandatory standards and principles of juvenile probation practice. In addition, the Division of Juvenile Justice's Field Policy and Procedure Manual outlines practices that are based on regulations, the law, and the probation standards of the American Correctional Association. DJJ oversees these standards and evaluates individual worker compliance through a regular audit process. There is no standard that deals with optimal caseload size.

The Justice Center/Alaska Justice Statistical Analysis Center of the University of Alaska, Anchorage has conducted evaluations of certain probation programs. Articles on these evaluations can be found in the Alaska Justice Forum, a publication of the Justice Center.

Juvenile Probation Officer Qualifications, Certification, and Training
Juvenile probation officers must have a bachelor's degree or a high school diploma/GED and several years’ experience in justice or youth-related work. There are four levels of juvenile probation officer positions, with each level requiring progressively higher levels of experience or an advanced degree in lieu of work experience. Alaska does not certify its juvenile probation officers.

Training requirements for new probation officers include a Pre-Service Orientation and a period of supervision under a probation 'mentor.' Juvenile probation officers are also required to have at least 40 hours of training every year. Opportunities for non-mandatory training are also available for DJJ staff. Policy and procedure of the Department of Health and Social Services contains training standards. The Division of Juvenile Justice coordinates statewide training.

Juvenile Corrections Continuum
The Alaska Department of Health and Social Services, Division of Juvenile Justice (DJJ) administers the daily operations of public institutions for juvenile offenders. A list of DJJ’s youth facilities can be found here. Only the facilities in Bethel, Anchorage, Fairbanks, and Juneau serve youth who have been committed to long-term confinement.

Commitment to State
Commitment durations ordered by the court are indeterminate, but may not exceed two years; however, the court may order an extension. The court grants the authority to commit a juvenile to the Department of Health and Social Services, Division of Juvenile Justice (DJJ). DJJ has ultimate authority over which program will actually house the juvenile. Committed juveniles can be placed in their own or a relative's home; in licensed foster homes that provide levels of service ranging from basic shelter to intensive therapeutic programming; in community residential care programs; in secure detention; and in long-term institutional treatment.

For juveniles ordered by the court to be committed to secure treatment, a classification committee makes placement decisions. The classification committee is made up of DJJ staff from around the state who review all institutional placement orders and decide on a placement based on the juvenile’s treatment objectives and the best way to protect the juvenile and the public. The committee’s decision is based on such factors as the juvenile’s history, juvenile court findings, predisposition investigations, any evaluation or assessment results, the education plan, and any medical needs of the juvenile.

Some of the Alaska youth facilities use the MAYSI (Massachusetts Youth Screening Instrument) and the POSIT (Problem Oriented Screening Instrument for Teenagers) as part of the institutional treatment plan that is developed for each juvenile. Facility staff also use the results of the Youth Level of Service/Case Management Inventory (YLS/CMI) that is administered by probation officers to help guide treatment planning for youth committed to secure treatment.

While in placement, DJJ's juvenile probation officers supervise juvenile offenders and provide case management and other treatment activities to youth in their care.

Blended Sentencing
Alaska has blended sentencing provisions. For more information, click here.

Direct Placement
In Alaska, the juvenile court judge cannot order juveniles into placements without committing them to the Department of Health and Social Services. By statute, the court is required to commit juveniles to the custody of the Commissioner of the Department of Health and Social Services in order to place them in an out-of-home setting.

Release
The Department of Health and Social Services, Division of Juvenile Justice makes release decisions. A review board in the correctional facility makes the final decision with recommendations from the juvenile institution and juvenile probation, subject to the court's review. The board is comprised of three staff members who are experienced in resident programming and treatment procedures. This board reviews each resident's progress every six months and hears recommendations from juvenile probation officers regarding an offender's readiness for release. Alaska statute states that an offender whose good behavior is sufficient evidence of having been reformed can be released at any time under the conditions that the Division of Juvenile Justice deems proper.

Standards for release from juvenile correctional facilities, as listed in Alaska's Administrative Code, are that the review board should consider the likelihood of the juvenile's successful re-entry and reorientation to the community, the best interests of the juvenile and community, and the likelihood of further progress with the correctional program.

Aftercare/Re-entry
Juvenile probation officers from the Division of Juvenile Justice (DJJ) supervise juveniles after their release from commitment or placement, which is referred to as aftercare in Alaska. DJJ uses the Youth Level of Service/Case Management Inventory (YLS/CMI) assessment instrument in the aftercare planning process, with a reassessment performed 60—90 days post-release. The aftercare and re-entry program at the McLaughlin Youth Center in Anchorage was recently recognized as a ‘Promising Practice’ in the Desktop Guide to Re-Entry for Juvenile Confinement Facilities, published by the National Partnership for Juvenile Services.

Two Alaskan youth facilities (in Juneau and Anchorage) are participating in the national “Targeted Re-Entry” project of Boys and Girls Clubs of America, in which youth begin their involvement in local clubhouse activities before release and continue that involvement following release. The federal Office of Juvenile Justice and Delinquency Prevention sponsors this initiative. For information about Alaska's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Alaska's Juvenile Code resides in sections 47.12.010 to 47.12.990 and sections 47.14.010 to 47.14.990 of Title 47 (Welfare, Social Services and Institutions).

2001 - 2002 Alaska Delinquency Rules

Alaska Administrative Code Title 7 - Health and Social Services Chapter 52 - Juvenile Correctional Facilities and Juvenile Detention Facilities

Alaska Bar Association

Purpose Clauses
To read Alaska's purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 18

Extended Age of Delinquency Jurisdiction
In Alaska, the juvenile court may extend jurisdiction until an offender is 19 years old in order to supervise his/her rehabilitation. If the Division of Juvenile Justice requests, the court may grant an extension of supervision until an offender's 20th birthday if it is considered in the best interests of the offender and he/she consents to the extended jurisdiction.

Juvenile Transfer Laws
For information on Alaska's juvenile transfer laws, click here.

Juvenile Justice Leadership

Alaska Juvenile Justice Advisory Committee
The Alaska Juvenile Justice Advisory Committee, the Governor-appointed State Advisory Group (SAG) group, assists the Division of Juvenile Justice in allocating federal Juvenile Justice and Delinquency Prevention Act grant funds. The funds are used to support delinquency prevention and intervention efforts throughout Alaska.

Resources/Contacts
Alaska Bar Association
Alaska Court System
Alaska Juvenile Justice Advisory Committee
Division of Juvenile Justice
Justice Center/Alaska Justice Statistical Analysis Center of the University of Alaska, Anchorage

Publications
Division of Juvenile Justice System Improvements Update Report
Division of Juvenile Justice’s 2004 Annual Report: Systems Improvement Report
Handbook for Victims of Crime in Alaska

Barbara Murray
Juvenile Justice Specialist
Division of Juvenile Justice
P.O. Box 110635
Juneau, AK 99811-0635
Phone: (907) 465-2116
Fax: (907) 465-4390

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Alaska." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.