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HB 324: "An Act relating to day fines in certain criminal cases and release of employment information for use in the collection of criminal judgments."

00 HOUSE BILL NO. 324                                                                                                      
01 "An Act relating to day fines in certain criminal cases and release of employment                                       
02 information for use in the collection of criminal judgments."                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.55.036(a) is amended to read:                                                                    
05  (a)  Upon conviction of a misdemeanor, other than a violation of AS 11.41 and                                         
06 AS 11.56.740, a defendant may be sentenced to pay a day fine as authorized by this                                      
07 section. If a day fine is imposed under this section, the defendant may not be                                          
08 sentenced to pay a fine under AS 12.55.035, serve a term of imprisonment, or be                                         
09 placed on probation.  However, the court may order a defendant to participate in                                       
10 or comply with a screening, evaluation, or treatment program related to the                                             
11 defendant's offense.                                                                                                   
12    * Sec. 2.  AS 12.55.036(b) is amended to read:                                                                       
13  (b)  The Alaska Supreme Court shall adopt a day fine plan that includes                                               
14   (1)  an assessment of the gravity of common [ALL] misdemeanor                                                      
01 offenses [, WHICH ASSESSMENT MUST INCLUDE THE EXISTENCE OF PRIOR                                                        
02 OFFENSES,] and the assignment of presumptive penalties to them in day fine units                                        
03 within the following ranges:                                                                                            
04   (A)  for class A and unclassified misdemeanors, not to exceed                                                       
05 365-day fine units;                                                                                                     
06   (B)  for class B misdemeanors, not to exceed 90-day fine units;                                                     
07   (2)  a schedule of the presumptive day fine penalties;                                                               
08   (3)  procedures for a court to increase or decrease the presumptive day                                              
09 fine penalties if the court finds the existence of an aggravating factor [UNDER                                         
10 AS 12.55.155(c)] or a mitigating factor [UNDER AS 12.55.155(d)];                                                        
11   (4)  a table for the conversion of a defendant's actual, potential, or                                               
12 estimated net [GROSS] income after taxes, less one-third for a defendant above the                                  
13 federal poverty guideline as determined by the United States Department of Health and                                   
14 Human Services, and less one-half for a defendant below the federal poverty guideline                                   
15 into net daily income amounts; the table must include adjustments for the number of                                     
16 dependents actually supported by the defendant;                                                                         
17   (5)  procedures for a court to gather information about the defendant's                                              
18 occupation, actual, estimated, and potential income, number of dependents, and other                                    
19 facts necessary or relevant to sentencing a person to a day fine; a court may order the                                 
20 production of the financial or other records of a person it determines to be relevant to                                
21 a determination under this section; the procedures must include a requirement that the                                  
22 facts shall be received                                                                                                 
23   (A)  under oath so that the defendant is subject to prosecution                                                     
24 under AS 11.56.200; or                                                                                                  
25   (B)  in a writing or recording that bears notice that false                                                         
26 statements made in it are punishable under AS 11.56.210; and                                                            
27   (6)  other information the court determines to be necessary for                                                      
28 implementing the day fine plan.                                                                                         
29    * Sec. 3.  AS 12.55.036(c) is amended to read:                                                                       
30  (c)  The amount of a day fine shall be the product of the net daily income of                                         
31 the defendant, adjusted for the number of dependents actually supported by the                                          
01 defendant, times the day fine penalty.  When imposing a sentence of a day fine, the                                     
02 court shall                                                                                                             
03   [(1)]  state on the record the                                                                                       
04   (1) [(A)]  presumptive day fine penalty for the offense, and whether the                                           
05 court is adjusting the presumptive day fine penalty for the existence of aggravating or                                 
06 mitigating factors;                                                                                                     
07   (2) [(B)]  net daily income of the income of the defendant, adjusted for                                           
08 the number of dependents actually supported by the defendant; and                                                       
09   (3) [(C)]  amount of the day fine [;                                                                               
10  (2)  MAKE WRITTEN FINDINGS OF THE FACTS CONSIDERED                                                                   
11 IN                                                                                                                      
12   (A)  FINDING THE EXISTENCE OF AGGRAVATING OR                                                                        
13 MITIGATING FACTORS AND IN ASSIGNING A VALUE TO THOSE                                                                    
14 FACTORS; AND                                                                                                            
15   (B)  DETERMINING THE DEFENDANT'S GROSS AND                                                                          
16 DAILY NET INCOMES].                                                                                                     
17    * Sec. 4.  AS 12.55.036(d) is amended to read:                                                                       
18  (d)  When imposing a sentence of a day fine, the court may permit the payment                                         
19 of the day fine in specified installments or within a certain period of time, provided                                  
20 the entire day fine is paid within one year [180 DAYS] of imposition.                                                 
21    * Sec. 5.  AS 12.55.036(f) is amended to read:                                                                       
22  (f)  The Alaska Court System shall evaluate and report every two years to the                                         
23 legislature not later than February 1 on the use of day fines and their effectiveness.                                  
24 The report must include                                                                                                 
25   (1)  a comparison of the number of defendants receiving a day fine as                                                
26 a sentence with the number of other defendants, eligible to receive a day fine, who                                     
27 receive another sentence;                                                                                               
28   (2)  to the extent that recidivism information is available, a                                                     
29 comparison of the recidivism rates between defendants receiving a day fine with other                                   
30 defendants,                                                                                                             
31   (A)  eligible for a day fine, who receive another sentence; and                                                     
01   (B)  not eligible for a day fine, who receive another sentence;                                                     
02   (3)  the potential savings to the state from the number of defendants                                                
03 who are eligible to receive a sentence of imprisonment, and who receive a day fine,                                     
04 assuming those defendants would have been sentenced to a term of imprisonment;                                          
05   (4)  the amount of day fines collected, the success rate of collections,                                             
06 and the number of cases requiring civil process to collect the day fine; and                                            
07   (5)  recommendations concerning expansion or restriction of the use of                                               
08 day fines, including proposals for legislation.                                                                         
09    * Sec. 6.  AS 12.55.036 is amended by adding a new subsection to read:                                               
10  (h)  When there are mitigating circumstances, when the ends of justice will be                                        
11 served, and when the good conduct and reform of the defendant warrant it, the court                                     
12 may upon payment of the entire day fine within the time specified by the court set                                      
13 aside the conviction and issue to the defendant a certificate to that effect.                                           
14    * Sec. 7.  AS 23.20.110(a) is amended to read:                                                                       
15  (a)  Except as provided in (h), [AND] (i), and (l) of this section, the                                           
16 department shall hold information obtained from an employing unit or individual in                                      
17 the course of administering this chapter and determinations as to the benefit rights of                                 
18 an individual confidential and may not disclose them or open them to public inspection                                  
19 in a manner that [WHICH] reveals the identity of the individual or employing unit.                                    
20 A claimant or the legal representative of the claimant is entitled to information from                                  
21 the records of the department to the extent necessary for the proper presentation of the                                
22 claim in a proceeding under this chapter.  Subject to restrictions that [WHICH] the                                   
23 department prescribes by regulation, the information may be made available to an                                        
24 agency of this state or another state or federal agency charged with the administration                                 
25 of an unemployment compensation law or the maintenance of a system of public                                            
26 employment offices, or, for the purposes of the Federal Unemployment Tax Act, to the                                    
27 Internal Revenue Service of the United States, or, for tax purposes, to the Department                                  
28 of Revenue.  Information obtained in connection with the administration of the                                          
29 employment service may be made available to persons or agencies for purposes                                            
30 appropriate to the operation of a public employment service.                                                            
31    * Sec. 8.  AS 23.20.110(j) is amended to read:                                                                       
01  (j)  Notwithstanding (h), [OR] (i), or (l) of this section, the department may not                                
02 release information to an administrator under (h) of this section, [OR] on an employer's                              
03 hiring practices under (i) of this section, or to the Department of Law as provided                                    
04 under (l) of this section  if the United States Secretary of Labor rules that release of                               
05 the information would be grounds to find that the state is in substantial noncompliance                                 
06 with 42 U.S.C. 503(a).                                                                                                  
07    * Sec. 9.  AS 23.20.110 is amended by adding a new subsection to read:                                               
08  (l)  The department shall make information obtained from an employing unit                                            
09 or an individual available on request to the Department of Law to assist the                                            
10 Department of Law in the collection of criminal judgments.