Evidence

(a) Applicability of Evidence Rules. The Alaska Rules of Evidence apply to delinquency proceedings to the same extent that they apply to criminal proceedings, except as otherwise provided by these rules. (b) Disposition and Review of Disposition Orders. The parties may submit information through reports, statements, affidavits and testimony at the disposition hearing and in review of a disposition order. Hearsay that is not otherwise admissible under a recognized exception to the hearsay rule may be admissible at disposition and in review of a disposition order if the hearsay is probative of a material fact, has circumstantial guarantees of trustworthiness, and the appearing parties are given a fair opportunity to meet it. (c) Temporary Detention Hearing. Hearsay that is not otherwise admissible under the Evidence Rules may be admitted under the standard stated in paragraph (b) of this rule at a temporary detention hearing. (SCO 845 effective August 15, 1987; amended by SCO 1265 effective July 15, 1997; and by SCO 1349 effective December 1, 1998) (b) Adjudication. In order to support an adjudication of delinquency, the Department must prove the essential elements of the alleged crime beyond a reasonable doubt. (c) Waiver. In order to support an order waiving the Department must prove juvenile court unamenability the evidence, and must prove that probable cause exists that the juvenile committed the act charged in the petition. treatment by a preponderance of jurisdiction, to (d) Other Motions. On other motions that relate to the criminal nature of proceedings such as the suppression of evidence, the burdens and standard of proof are the same as in a criminal proceeding. In order (e) Disposition. to support a particular disposition, including a disposition ordered as part of a dual sentence, the Department must prove by a preponderance of the evidence that the disposition is the least restrictive alternative appropriate to the needs of the juvenile and the protection of the community. (f) Other Petitions. The following petitions require the moving party to present proof by a preponderance of the evidence: (1) a petition for release from commitment or supervision; (2) a petition for extension of commitment or supervision; (3) a petition for modification of probation; (4) a petition for revocation of probation; and (5) a petition to impose the adult portion of a dual sentence pursuant to AS 47.12.160(d)-(e). (g) Annual Review. No party has the burden of proof at an annual review. 9