00 CS FOR SENATE BILL NO. 100(FIN)                                                                                       
01 "An Act relating to the payment by indigent persons for legal services and                                              
02 related costs."                                                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 18.85.100(a) is amended to read:                                                                  
05  (a)  An indigent person who is under formal charge of having committed a                                              
06 serious crime and the crime has been the subject of an initial appearance or subsequent                                 
07 proceeding, or is being detained under a conviction of a serious crime, or is on                                        
08 probation or parole, or is entitled to representation under the Supreme Court                                           
09 Delinquency or Child in Need of Aid Rules, or is detained under an order issued under                                   
10 AS 18.15.120 - 18.15.149, or against whom commitment proceedings for mental illness                                     
11 have been initiated, is entitled (1) to be represented, in connection with the crime or                                 
12 proceeding,  at the level and to the extent required under the United States                                           
13 Constitution and the Constitution of the State of Alaska  [BY AN ATTORNEY TO                                           
14 THE SAME EXTENT AS A PERSON RETAINING AN ATTORNEY IS                                                                    
01 ENTITLED;] and (2) to be provided with the necessary services and facilities of this                                    
02 representation, including investigation and other preparation , at the level and to the                                
03 extent required under the United States Constitution and the Constitution of the                                        
04 State of Alaska .                                                                                                      
05    * Sec. 2.  AS 18.85.120(c) is amended to read:                                                                     
06  (c)  The  [UPON THE PERSON'S CONVICTION, THE] court  shall  [MAY]                                                 
07 enter a judgment that a person for whom counsel is appointed pay for services of                                        
08 representation and court costs.  [ENFORCEMENT OF A JUDGMENT UNDER THIS                                                  
09 SUBSECTION MAY BE STAYED BY THE TRIAL COURT OR THE APPELLATE                                                            
10 COURT DURING THE PENDENCY OF AN APPEAL OF THE PERSON'S                                                                  
11 CONVICTION.]  Upon a showing of financial hardship, the court (1)  may  [SHALL]                                       
12 allow a person subject to a judgment entered under this subsection to make payments                                     
13 under a payment schedule;  and  (2)  may  [SHALL] allow a person subject to a                                       
14 judgment entered under this subsection to petition the court at any time for remission,                                 
15 reduction, or deferral of  only  the unpaid portion of the judgment [; AND (3) MAY                                    
16 REMIT OR REDUCE THE BALANCE OWING ON THE JUDGMENT OR                                                                    
17 CHANGE THE METHOD OF PAYMENT IF THE PAYMENT WOULD IMPOSE                                                                
18 MANIFEST HARDSHIP ON THE PERSON OR THE PERSON'S IMMEDIATE                                                               
19 FAMILY].  Payments made under this subsection shall be paid into the state general                                      
20 fund.                                                                                                                   
21    * Sec. 3.  AS 18.85.120 is amended by adding a new subsection to read:                                             
22  (e)  Judgments entered under (c) of this section shall be imposed in accordance                                       
23 with rules adopted by the supreme court, in consultation with the Public Defender                                       
24 Agency and the office of public advocacy, that establish schedules setting the costs for                                
25 the services of representation and court costs for trial and appellate courts.  The                                     
26 schedules shall be reviewed at least biennially and, when appropriate, adjusted to                                      
27 reflect changes in the costs for services of representation and court costs.  A trial court                             
28 schedule must include provisions to impose additional costs in cases where paid expert                                  
29 witnesses are called on behalf of the defendant.