Page 105

directs. (d) In any proceeding under this chapter, the presence of the minor's parent or guardian is preferred. Sec. 47.12.060. Informal action to adjust matter. (a) The provisions of this section apply to a minor who is alleged to be a delinquent minor under AS 47.12.020 and for whom the department or an entity selected by it has made a preliminary inquiry as required by AS 47.12.040(a)(1). Following the preliminary inquiry, (1) the department or the entity selected by it may dismiss the matter with or without prejudice; or (2) the department or the entity selected by it may take informal action to adjust the matter. (b) When the department or the entity selected by it decides to make an informal adjustment of a matter under (a)(2) of this section, that informal adjustment (1) must be made with the agreement or consent of the minor and the minor's parents or guardian to the terms and conditions of the adjustment; (2) must give the minor's foster parent an opportunity to be heard before the informal adjustment is made; (3) must include notice that informal action to adjust a matter is not successfully completed unless, among other factors that the department or the entity selected by it considers, as to the victim of the act of the minor that is the basis of the delinquency allegation, the minor pays restitution in the amount set by the department or the entity selected by it or agrees as a term or condition set by the department or the entity selected by it to pay the restitution. (4) [Repealed, § 22 ch 32 SLA 2016.] (5) [Repealed, § 56 ch 16 SLA 2021.] Sec. 47.12.065. Dual sentencing provisions. (a) The department or the entity selected by it may refer to the appropriate district attorney the circumstances involving a minor who is subject to the provisions of this section because the minor is alleged to have violated a criminal law of the state. Except as provided in (d) of this section, the department or the entity selected by it may make the referral if the minor was 16 years of age or older at the time of the offense, and the offense is (1) a felony that is a crime against a person and the minor has previously been adjudicated a delinquent under the laws of this state or substantially similar laws of another jurisdiction for a felony offense that is a crime against a person; or (2) sexual abuse of a minor in the second degree. (b) If a referral is made under (a) of this section, the district attorney may elect to seek imposition of a dual sentence in the case to further the goal and purposes of this chapter as set out in AS 47.12.010. If the district attorney seeks imposition of a dual sentence, the district attorney shall present the case to the grand jury for indictment. If the grand jury returns an indictment, the district attorney shall file with the court under AS 47.12.040(a) a petition seeking the minor's