CSHB 319(FIN): "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; allowing defendants who are unable to pay the surcharge to perform community work; creating the Alaska police standards training fund; and providing for an effective date."
00CS FOR HOUSE BILL NO. 319(FIN) 01 "An Act relating to the training of law enforcement and corrections officers; to 02 the establishment of surcharges to be assessed for violations of certain traffic 03 offenses; allowing defendants who are unable to pay the surcharge to perform 04 community work; creating the Alaska police standards training fund; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. FINDINGS AND PURPOSE. (a) The legislature finds that 08 (1) the Alaska Police Standards Council is an essential part of the law 09 enforcement training support network of the state and it warrants continued and predictable 10 support; 11 (2) rural and urban communities rely on dependable public safety protection; 12 (3) the law enforcement and corrections community of the state is greatly 13 strengthened by having a professionally trained network; and 14 (4) the safety of the public will be greatly improved by the establishment and
01 maintenance of an efficient training network for law enforcement and corrections officers. 02 (b) It is the purpose of this Act to 03 (1) enable the Alaska Police Standards Council to function in a manner that 04 enhances the performance and accountability of the council and the law enforcement and 05 corrections communities it serves; 06 (2) provide a stable funding source for law enforcement and corrections officer 07 training by establishing a surcharge to be assessed against violators of the traffic and motor 08 vehicle laws of the state. 09 * Sec. 2. AS 12.55 is amended by adding a new section to read: 10 Sec. 12.55.039. SURCHARGE. (a) In addition to any fine or other penalty 11 prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail 12 for, or is convicted of a violation of a vehicle or traffic offense under AS 28, a 13 regulation adopted under AS 28, or a municipal ordinance under AS 28.01.010 shall 14 be assessed a surcharge of 15 (1) $10 if the violation is for other than a violation of AS 28.15.291, 16 AS 28.33.030, 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, or a 17 comparable municipal ordinance; or 18 (2) $25 if the violation is a violation of AS 28.15.291, AS 28.33.030, 19 28.33.031, AS 28.35.030, 28.35.032, 28.35.040, 28.35.060, or a comparable municipal 20 ordinance. 21 (b) A court may not fail to impose the surcharge required under this section. 22 The surcharge may not be waived, deferred, or suspended. A court may allow a 23 defendant who is unable to pay the surcharge required to be imposed under this section 24 to perform community work under AS 12.55.055(c) in lieu of the surcharge. 25 (c) The surcharge shall be paid within 10 days of imposition or such shorter 26 period of time as ordered by the court. Failure to pay the surcharge is punishable as 27 contempt of court. Proceedings to collect the surcharge may be instituted by the state, 28 the municipality, or by the court on its own motion. 29 (d) Money collected under this section shall be deposited into the general fund 30 and accounted for under AS 37.05.142. 31 * Sec. 3. AS 12.55.055(c) is amended to read:
01 (c) The court may offer a defendant convicted of an offense the option of 02 performing community work in lieu of a fine, surcharge, or [A] portion of a fine or 03 surcharge if the court finds the defendant is unable to pay the fine. The value of 04 community work in lieu of a fine is $3 [$3.00] per hour. 05 * Sec. 4. AS 18.65 is amended by adding a new section to read: 06 Sec. 18.65.225. ALASKA POLICE TRAINING FUND. The Alaska police 07 training fund is created in the general fund. The fund consists of appropriations made 08 by the legislature to the fund. The legislature may appropriate to the fund the annual 09 estimated balance in the account maintained under AS 37.05.142 for money collected 10 under AS 12.55.039 and AS 28.05.151. The legislature may make appropriations from 11 the fund to the Alaska Police Standards Council to provide training for the law 12 enforcement and corrections community of the state under AS 18.65.230. Nothing in 13 this section creates a dedicated fund. 14 * Sec. 5. AS 28.05.151 is amended by adding a new subsection to read: 15 (c) The supreme court shall require as a condition of the disposition of an 16 offense without appearance that a person charged with any offense for which a bail 17 forfeiture amount has been adopted shall pay a surcharge of $10 in addition to the bail 18 forfeiture amount established by the supreme court. The surcharge required to be paid 19 under this subsection shall be deposited into the general fund and accounted for under 20 AS 37.05.142. 21 * Sec. 6. APPLICABILITY. The surcharge required to be assessed and collected under 22 AS 12.55.039 and AS 28.05.151 applies only to offenses and violations occurring after 23 December 31, 1995. 24 * Sec. 7. This Act takes effect January 1, 1996.