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CSHB 372(JUD): "An Act relating to criminal sentencing and restitution."

00CS FOR HOUSE BILL NO. 372(JUD) 01 "An Act relating to criminal sentencing and restitution." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55 is amended by adding a new section to read: 04  Sec. 12.55.011. Victim and community involvement in sentencing. A court, 05 when considering and imposing sentence under this chapter for an offense other than 06 a violation of AS 11.41 or a crime involving domestic violence, may, with the consent 07 of the victim and the offender, impose a sentence that has been determined by a 08 negotiated agreement between the offender and the victim, or between the offender and 09 the community if there is no victim, if that sentence otherwise complies with this 10 chapter and accomplishes the goals of restoration of the victim and the community and 11 rehabilitation of the offender. Before accepting a negotiated agreement, the court shall 12 determine that the victim has not been intimidated or coerced in reaching the 13 agreement. 14 * Sec. 2. AS 12.55.045 is amended by adding a new subsection to read:

01  (h) In imposing restitution under this section, the court may require the 02 defendant to make restitution by means other than the payment of money if the 03 restitution has been determined under a negotiated agreement for a sentence under 04 AS 12.55.011. 05 * Sec. 3. AS 12.55.155(d) is amended by adding a new paragraph to read: 06  (18) the defendant and the victim, or the defendant and the community 07 if there is no victim, have negotiated an agreement for a sentence under AS 12.55.011.