CSSB 100(FIN): "An Act relating to the payment by indigent persons for legal services and related costs."
00CS 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.