00 HOUSE CS FOR CS FOR SENATE BILL NO. 4(FIN) 01 "An Act relating to victims' rights; relating to establishing an office of victims' 02 rights; relating to compensation of victims of violent crimes; relating to eligibility 03 for a permanent fund dividend for persons convicted of and incarcerated for 04 certain offenses; relating to notice of appropriations concerning victims' rights; 05 amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska 06 Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for 07 an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 10 section to read: 11 SHORT TITLE. This Act may be known as the Crime Victims' Rights and Advocacy 12 Act of 2000. 13 * Sec. 2. AS 12.55.023(b) is amended to read: 14  (b) A victim may submit to the sentencing court a written statement that the 01 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 02 or make an unsworn oral presentation to the court at the sentencing hearing. If there 03 are numerous victims, the court may  reasonably  limit the number of victims who may 04 give sworn testimony or make an unsworn oral presentation during the hearing.  When 05 requested by the victim of a felony or a class A misdemeanor, if the class A 06 misdemeanor is a crime involving domestic violence or a crime against a person 07 under AS 11.41, when the victim does not submit a statement, give testimony, or 08 make an oral presentation, the victims' advocate appointed under AS 12.61.200 09 may submit a written statement or make an unsworn oral presentation at the 10 sentencing hearing on behalf of the victim. 11 * Sec. 3. AS 12.55.023(b) is amended to read: 12  (b) A victim may submit to the sentencing court a written statement that the 13 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 14 or make an unsworn oral presentation to the court at the sentencing hearing. If there 15 are numerous victims, the court may [REASONABLY] limit the number of victims 16 who may give sworn testimony or make an unsworn oral presentation during the 17 hearing. [WHEN REQUESTED BY THE VICTIM OF A FELONY OR A CLASS A 18 MISDEMEANOR, IF THE CLASS A MISDEMEANOR IS A CRIME INVOLVING 19 DOMESTIC VIOLENCE OR A CRIME AGAINST A PERSON UNDER AS 11.41, 20 WHEN THE VICTIM DOES NOT SUBMIT A STATEMENT, GIVE TESTIMONY, 21 OR MAKE AN ORAL PRESENTATION, THE VICTIMS' ADVOCATE APPOINTED 22 UNDER AS 12.61.200 MAY SUBMIT A WRITTEN STATEMENT OR MAKE AN 23 UNSWORN ORAL PRESENTATION AT THE SENTENCING HEARING ON 24 BEHALF OF THE VICTIM.] 25 * Sec. 4. AS 12.61 is amended by adding new sections to read: 26 Article 2A. Office of Victims' Rights. 27  Sec. 12.61.200. Office of victims' rights established; duties. (a) The office 28 of victims' rights is established in the Office of the Governor. The office shall be 29 directed by the victims' advocate. The victims' advocate shall be appointed by the 30 governor. The governor may not appoint a person as victims' advocate unless the 31 person meets the qualifications provided in (e) of this section. The victims' advocate 01 is in the partially exempt service under AS 39.25.120. The office may employ 02 assistant victims' advocates and clerical staff that the victims' advocate determines are 03 needed to perform the duties set out in this section. Assistant victims' advocates and 04 clerical staff employed by the office are in the classified service under AS 39.25.100. 05 The victims' advocate shall, to the maximum extent practicable, conduct the duties and 06 work of the office by entering into personal services and other contracts the victims' 07 advocate finds necessary to carry out the provisions of this chapter. 08  (b) The office of victims' rights shall, as provided in AS 12.61.200 - 09 12.61.300, 10  (1) work to ensure that victims of crimes receive the rights to which 11 they are entitled under the constitution and the laws of this state; 12  (2) act as a liaison between state agencies and victims of crimes; 13  (3) advocate on behalf of crime victims in the courts of the state; and 14  (4) investigate and report on complaints of victims of crimes that state 15 agencies have not complied with the duties imposed on the agencies regarding victims 16 of crimes. 17  (c) Each state agency shall cooperate with the office of victims' rights when 18 the office is performing the duties imposed under AS 12.61.200 - 12.61.300. 19  (d) The office shall administer grants to nonprofit victims' rights organizations 20 in the amounts and to the recipients designated in the appropriation for the grant. 21  (e) A person may not serve as victims' advocate 22  (1) unless the person has been a resident of the state for the three years 23 immediately preceding the person's appointment; 24  (2) unless the person has been engaged in the active practice of law for 25 the three years immediately preceding the person's appointment; 26  (3) unless the person has significant experience in criminal law; 27  (4) unless the person is an attorney licensed to practice law in this 28 state; 29  (5) within one year of the last day on which the person served as a 30 member of the legislature; 31  (6) while the person is a candidate for or holds another national, state, 01 or municipal office; the victims' advocate may not become a candidate for national, 02 state, or municipal office until one year has elapsed from the date the victims' advocate 03 vacates the office of victims' advocate; 04  (7) while the person is engaged in another occupation for which the 05 person receives compensation; 06  (8) unless the person is at least 21 years of age and is a qualified voter. 07  Sec. 12.61.210. Procedure; fees. (a) The victims' advocate shall, by 08 regulations adopted under AS 44.62 (Administrative Procedure Act), establish 09 procedures for advocacy on behalf of crime victims, receiving and processing 10 complaints, conducting investigations, reporting findings, and ensuring that confidential 11 information obtained by the victims' advocate in the course of advocacy on behalf of 12 a crime victim or in the course of an investigation will not be improperly disclosed. 13 The victims' advocate may establish procedures so that advocacy and investigations on 14 behalf of crime victims in felony cases take a priority over advocacy and investigations 15 on behalf of crime victims in misdemeanor cases. 16  (b) The office of victims' rights may not charge fees for the submission or 17 investigation of complaints. 18  Sec. 12.61.220. Jurisdiction; duties. (a) The victims' advocate has 19 jurisdiction to advocate on behalf of crime victims of felony offenses or class A 20 misdemeanors, if the class A misdemeanor is a crime involving domestic violence or 21 a crime against a person under AS 11.41, in the courts of the state and to investigate 22 the complaints of crime victims of felony offenses or class A misdemeanors, if the 23 class A misdemeanor is a crime involving domestic violence or a crime against a 24 person under AS 11.41, that they have been denied their rights under the constitution 25 and the laws of the state. In this subsection, "crime involving domestic violence" has 26 the meaning given in AS 18.66.990. 27  (b) The office shall administer grants to nonprofit victims' rights organizations, 28 in the amounts and to the recipients designated in the appropriation for the grant. 29  (c) The victims' advocate shall exercise reasonable care to 30  (1) ensure that the victims' advocate's exercise of jurisdiction granted 31 under this section does not interfere with an ongoing criminal investigation or with a 01 criminal prosecution; 02  (2) prevent employees of the office of victims' rights from making 03 extrajudicial statements that the victims' advocate is prohibited from making under the 04 Alaska Rules of Professional Conduct. 05  (d) The victims' advocate may not advise, counsel, or advocate on behalf of 06 a victim in a way that would 07  (1) prevent or discourage a victim from cooperating in a criminal 08 investigation; 09  (2) encourage a victim to withhold evidence in a criminal investigation; 10 or 11  (3) prevent or discourage a victim from testifying in a criminal 12 proceeding. 13  Sec. 12.61.230. Advocacy on behalf of crime victims; records. (a) The 14 victims' advocate shall assist crime victims in obtaining the rights crime victims are 15 guaranteed under the constitution and laws of the state with regard to the contacts 16 crime victims have with the justice agencies of the state. 17  (b) The victims' advocate may make the statement a crime victim is authorized 18 to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023, 19 in a court of the state when requested by the crime victim and when the crime victim 20 does not personally make a statement. 21  (c) When advocating on behalf of a crime victim in an ongoing criminal case 22 or juvenile adjudication, the victims' advocate is entitled to all information available 23 to the defendant or juvenile. 24  (d) Records obtained by the victims' advocate shall remain in the exclusive 25 custody of the victims' advocate. The victims' advocate may not disclose confidential 26 information to any person. 27  Sec. 12.61.240. Investigations. (a) The victims' advocate may investigate 28 complaints from crime victims that they have been denied the rights they are 29 guaranteed under the constitution and laws of this state. 30  (b) In an investigation, the victims' advocate may 31  (1) make inquiries and obtain information considered necessary; 01  (2) hold private hearings; and 02  (3) notwithstanding other provisions of law, have access at all times to 03 records of justice agencies, including court records of criminal prosecutions and 04 juvenile adjudications, necessary to ensure that the rights of crime victims are not 05 being denied; with regard to court and prosecution records, the victims' advocate is 06 entitled to obtain access to every record that the defendant is entitled to access or 07 receive. 08  (c) The victims' advocate shall maintain confidentiality with respect to all 09 matters and the identities of the complainants or witnesses coming before the victims' 10 advocate except insofar as disclosures may be necessary to enable the victims' advocate 11 to carry out duties and to support recommendations. However, the victims' advocate 12 may not disclose a confidential record obtained from a court or justice agency. 13  (d) Subject to the privileges that witnesses have in the courts of this state, the 14 victims' advocate may compel by subpoena, at a specified time and place, the 15  (1) appearance and sworn testimony of a person who the victims' 16 advocate reasonably believes may be able to give information relating to a matter 17 under investigation under this section; and 18  (2) production by a person of a record or object that the victims' 19 advocate reasonably believes may relate to the matter under investigation under this 20 section. 21  (e) If a person refuses to comply with a subpoena issued under (d) of this 22 section, the superior court may, on application of the victims' advocate, compel 23 obedience by proceedings for contempt in the same manner as in the case of 24 disobedience to the requirements of a subpoena issued by the court or refusal to testify 25 in the court. 26  (f) This section does not authorize the victims' advocate to issue a subpoena 27 to 28  (1) a justice, judge, magistrate, or a law clerk acting under the direction 29 of a justice, judge, or magistrate, concerning a judicial action or nonaction taken by, 30 or under the direction of, the justice, judge, or magistrate; 31  (2) a person acting under the direction of a justice, judge, or magistrate, 01 other than a law clerk, concerning a judicial action or nonaction taken by, or under the 02 direction of, a justice, judge, or magistrate except to establish the occurrence or 03 nonoccurrence of the action or nonaction or the person's own actions or nonactions; 04 this paragraph does not authorize the victims' advocate to inquire into the decision- 05 making or thought process of the justice, judge, or magistrate; 06  (3) a member of a jury concerning a matter that was considered by the 07 jury; or 08  (4) the person accused or convicted of committing the crime that is the 09 basis for the complaint, and investigation under AS 12.61.240, concerning a denial of 10 rights. 11  (g) Before giving an opinion or recommendation that is critical of a justice 12 agency or person as a result of an investigation under this section, the victims' 13 advocate shall consult with that agency or person. The victims' advocate may make 14 a preliminary opinion or recommendation available to the agency or person for review, 15 but the preliminary opinion or recommendation is confidential and may not be 16 disclosed to the public by the agency or person. 17  (h) The victims' advocate shall report the advocate's opinion and 18 recommendations to a justice agency if the victims' advocate finds, after investigation 19 under this section, that the agency has denied a crime victim rights the crime victim 20 is guaranteed under the constitution and laws of this state. 21  (i) The victims' advocate may request the justice agency to notify the victims' 22 advocate, within a specified time, of any action taken on the recommendations. 23  (j) The report provided under (h) of this section is confidential and may not 24 be disclosed to the public by the justice agency. The victims' advocate may disclose 25 the report under (k) of this section only after providing notice that the investigation has 26 been concluded to the agency and after receiving the written approval of the 27 complainant to release the report. 28  (k) Except as provided in (j) of this section, within a reasonable amount of 29 time after the victims' advocate reports the advocate's opinion and recommendations 30 to a justice agency, the victims' advocate may present the opinion and 31 recommendations to the governor, the attorney general, the legislature, a grand jury, 01 the public, or any of these. The victims' advocate shall include with the opinion any 02 reply made by the agency. 03  Sec. 12.61.250. Annual report. The victims' advocate shall make available 04 to the public an annual report of the victims' advocate's activities under AS 12.61.200 05 - 12.61.300 and notify the legislature that the report is available. 06  Sec. 12.61.260. Judicial review. A proceeding or decision of the victims' 07 advocate may be reviewed in superior court only to determine if it is contrary to the 08 provisions of AS 12.61.200 - 12.61.300. 09  Sec. 12.61.270. Immunity of the victims' advocate. A civil action may not 10 be brought against the victims' advocate or a member of the victims' advocate's staff 11 for anything done, said, or omitted in performing the victims' advocate's duties or 12 responsibilities under AS 12.61.200 - 12.61.300. 13  Sec. 12.61.280. Victims' advocate's privilege not to testify or produce 14 documents or other evidence. The victims' advocate and the staff of the victims' 15 advocate may not be compelled to testify or produce documents or other evidence in 16 a court regarding matters coming to their attention in the exercise or purported exercise 17 of their official duties except as may be necessary to enforce the provisions of 18 AS 12.61.200 - 12.61.300. 19  Sec. 12.61.290. Penalty. A person who knowingly hinders the lawful actions 20 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 21 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction 22 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 23 the meaning given in AS 11.81.900. 24  Sec. 12.61.300. Definitions. In AS 12.61.200 - 12.61.300, 25  (1) "justice agency" means a department, office, institution, corporation, 26 authority, organization, commission, committee, council, court, or board in the 27 executive or judicial branches of the state government that is, in any manner, involved 28 with or responsible for the apprehension, prosecution, incarceration, or supervision of 29 criminal or juvenile offenders; it also includes an officer, employee, or member of an 30 agency acting or purporting to act in the exercise of official duties, including the 31 governor and lieutenant governor, when acting with regard to executive clemency, 01 judges, and magistrates; 02  (2) "victim" has the meaning given in AS 12.55.185. 03 * Sec. 5. AS 18.67.130(c) is amended to read: 04  (c) Compensation may not be awarded under this chapter in an amount in 05 excess of  $30,000  [$25,000] per victim per incident. However, in the case of the death 06 of 07   (1)  a victim who has more than one dependent eligible for 08 compensation, the total compensation that may be awarded as a result of that death 09 may not exceed  $50,000; the  [$40,000. THE] board may prorate the total awarded 10 among those dependents according to relative need ; or 11  (2) two or more victims in the same incident who jointly have a 12 dependent eligible for compensation, the total compensation that may be awarded 13 as a result of those deaths may not exceed $50,000 . 14 * Sec. 6. AS 39.25.120(c) is amended by adding a new paragraph to read: 15  (20) the victims' advocate established under AS 12.61.200. 16 * Sec. 7. AS 43.23.005(d) is amended to read: 17  (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 18 not eligible for a permanent fund dividend for a dividend year when 19  (1) during the qualifying year, the individual was sentenced as a result 20 of conviction in this state of a felony; 21  (2) during all or part of the qualifying year, the individual was 22 incarcerated as a result of the conviction in this state of a 23  (A) felony; or 24  (B) misdemeanor if the individual has been convicted of 25   (i) a prior felony as defined in AS 11.81.900; or 26  (ii)  two or more prior  misdemeanors  [CRIMES] as 27 defined in AS 11.81.900. 28 * Sec. 8. AS 43.23.028 is amended to read: 29  Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 30 commissioner shall give public notice of the value of each permanent fund dividend 31 for that year and notice of the information required to be disclosed under (3) of this 01 subsection. In addition, the stub attached to each individual dividend check and direct 02 deposit advice must 03  (1) disclose the amount of each dividend attributable to income earned 04 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 05 Constitution of the State of Alaska; 06  (2) disclose the amount of each dividend attributable to income earned 07 by the permanent fund from appropriations to that fund and from amounts added to 08 that fund to offset the effects of inflation; 09  (3) disclose the amount by which each dividend has been reduced due 10 to each appropriation from the dividend fund, including amounts to pay the costs of 11 administering the dividend program and the hold harmless provisions of AS 43.23.075; 12  (4) include a statement that an individual is not eligible for a dividend 13 when 14  (A) during the qualifying year ,  the individual was convicted of 15 a felony; 16  (B) during all or part of the qualifying year, the individual was 17 incarcerated as a result of the conviction of a 18  (i) felony; or 19  (ii) misdemeanor if the individual has been convicted of 20  a prior felony or  two or more prior  misdemeanors  [CRIMES]; 21  (5) include a statement that the legislative purpose for making 22 individuals listed under (4) of this subsection ineligible is to 23  (A) obtain reimbursement for some of the costs imposed on the 24 state criminal justice system related to incarceration or probation of those 25 individuals; 26  (B) provide funds for  services for and  payments to crime 27 victims and for grants for the operation of domestic violence and sexual assault 28 programs; 29  (6) disclose the total amount that would have been paid during the 30 previous fiscal year to individuals who were ineligible to receive dividends under 31 AS 43.23.005(d) if they had been eligible; 01  (7) disclose the total amount appropriated for the current fiscal year 02 under (b) of this section for each of the funds and agencies listed in (b) of this section. 03  (b) To the extent that amounts appropriated for a fiscal year do not exceed the 04 total amount that would have been paid during the previous fiscal year to individuals 05 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 06 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 07 from the dividend fund to [THE] 08  (1)  the  crime victim compensation fund established under AS 18.67.162 09 for payments to crime victims; 10  (2)  the  council on domestic violence and sexual assault established 11 under AS 18.66.010 for grants for the operation of domestic violence and sexual 12 assault programs; [OR] 13  (3)  the  Department of Corrections for incarceration and probation 14 programs ; 15  (4) the office of victims' rights; or 16  (5) the office of victims' rights for grants to nonprofit victims' 17 rights organizations . 18 * Sec. 9. AS 43.23.028(b) is amended to read: 19  (b) To the extent that amounts appropriated for a fiscal year do not exceed the 20 total amount that would have been paid during the previous fiscal year to individuals 21 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 22 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 23 from the dividend fund to  the  24  (1) [THE] crime victim compensation fund established under 25 AS 18.67.162 for payments to crime victims; 26  (2) [THE] council on domestic violence and sexual assault established 27 under AS 18.66.010 for grants for the operation of domestic violence and sexual 28 assault programs; or 29  (3) [THE] Department of Corrections for incarceration and probation 30 programs [; 31  (4) THE OFFICE OF VICTIMS' RIGHTS; OR 01  (5) THE OFFICE OF VICTIMS' RIGHTS FOR GRANTS TO 02 NONPROFIT VICTIMS' RIGHTS ORGANIZATIONS]. 03 * Sec. 10. AS 12.61.200, 12.61.210, 12.61.220, 12.61.230, 12.61.240, 12.61.250, 12.61.260, 04 12.61.270, 12.61.280, 12.61.290, 12.61.300; and AS 39.25.120(c)(20) are repealed. 05 * Sec. 11. Sections 12 and 13 of this Act are repealed. 06 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 INDIRECT COURT RULE CHANGE. AS 12.61.230 and 12.61.240, added by sec. 4 09 of this Act, have the effect of amending Rule 16, Alaska Rules of Criminal Procedure, and 10 Rule 9, Alaska Delinquency Rules, by allowing the victims' advocate a right of access to 11 information in criminal prosecutions and juvenile adjudications that is equal to that available 12 to criminal defendants or juveniles when the advocate is engaging in advocacy or that is 13 unlimited when the advocate is engaging in investigations concerning victims' rights. 14 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 INDIRECT COURT RULE CHANGE. AS 12.61.280, added by sec. 4 of this Act, 17 amends Rule 501, Alaska Rules of Evidence, by creating a new privilege from being 18 compelled to testify or produce documents or other evidence in a court. 19 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section 20 to read: 21 DIRECTION TO GOVERNOR. Notwithstanding the effective date of secs. 1 - 2, 4 - 22 6, 12, and 13 of this Act, to the extent that there are appropriations for the purpose, the 23 governor may purchase supplies and equipment, obtain office space, and employ clerical staff 24 so that the office of victims' rights, created in sec. 4 of this Act, is able to begin work on 25 July 1, 2002. 26 * Sec. 15. Sections 7, 8, and 14 of this Act take effect immediately under AS 01.10.070(c). 27 * Sec. 16. Sections 1 - 2, 4 - 6, 12, and 13 of this Act take effect July 1, 2002. 28 * Sec. 17. Sections 3 and 9 - 11 of this Act take effect June 30, 2004.