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Sec. 47.12.100. Waiver of jurisdiction. (a) If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. Subject to the provisions of AS 47.12.105, after a case is closed under this subsection, the minor may be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult. (b) A minor is unamenable to treatment under this chapter if the minor probably cannot be rehabilitated by treatment under this chapter before reaching 20 years of age. In determining whether a minor is unamenable to treatment, the court may consider the seriousness of the offense the minor is alleged to have committed, the minor's history of delinquency, the probable cause of the minor's delinquent behavior, and the facilities available to the department for treating the minor. (c) For purposes of making a determination under this section, (1) the standard of proof is by a preponderance of the evidence; and (2) the burden of proof that a minor is not amenable to treatment under this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking to have the court declare a minor a delinquent is based on the minor's alleged commission of an offense that is an unclassified felony or class A felony and that is a crime against a person, the minor (A) is rebuttably presumed not to be amenable to treatment under this chapter; and (B) has the burden of proof of showing that the minor is amenable to treatment under this chapter. Sec. 47.12.105. Detention of minors waived into adult court. (a) Except as provided in AS 47.12.240, the department, by agreement with the Department of Corrections, shall detain and care for waived minors. The department shall transfer a waived minor to a facility operated by the Department of Corrections when the waived minor reaches 18 years of age. (b) Except as provided in (c) of this section, a waived minor held in an adult correctional facility for more than four hours to attend court proceedings must be separated by sight and sound from adult offenders. (c) If there is not an available juvenile detention facility in a community where a trial is being held or if a juvenile facility is inappropriate for a waived minor, the department may request that the court order, in the interest of justice, that a waived minor be held in an adult correctional facility with or without sight and sound separation from adult offenders. In making this decision, the court shall consider (1) the age of the waived minor; (2) the physical and mental maturity of the waived minor; (3) the present mental state of the waived minor, including whether the waived minor presents an imminent risk of harm to self; (4) the nature and circumstances of the alleged offense;