SB 338: "An Act making certain individuals convicted of crimes ineligible for permanent fund dividends and relating to certain payments of compensation from the crime victim compensation fund; and providing for an effective date."
00 SENATE BILL NO. 338 01 "An Act making certain individuals convicted of crimes ineligible for permanent fund 02 dividends and relating to certain payments of compensation from the crime victim 03 compensation fund; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.67.080 is amended by adding a new subsection to read: 06 (e) The amount appropriated during a year to the crime victim compensation 07 fund from the dividend fund that is not subject to the public notice requirements of 08 AS 43.23.028(a) shall be used first for the payment of compensation for victims of 09 individuals who appear on the list of individuals ineligible for a dividend that is 10 prepared for that year under AS 43.23.055(5). Notwithstanding AS 18.67.070, in 11 determining the amount of compensation for a victim of an individual who appears on 12 the list prepared under AS 43.23.055(5), the board shall consider the amount of any 13 civil judgment or order of restitution that requires the individual to pay for damages to 14 the victim. Compensation paid to a victim under this subsection may not be
01 considered for purposes of applying AS 18.67.130(c). 02 * Sec. 2. AS 43.23.005(d) is amended to read: 03 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 04 not eligible for a permanent fund dividend for a dividend year when 05 (1) during the qualifying year, the individual was sentenced as a result 06 of conviction in this state of a felony or misdemeanor and the judgment has not 07 been reversed or vacated; 08 (2) during all or part of the qualifying year, the individual was 09 incarcerated as a result of the conviction in this state of a 10 [(A)] felony and the judgment has not been reversed or 11 vacated [;] or 12 [(B)] misdemeanor and the judgment has not been reversed 13 or vacated; 14 (3) before or during the qualifying year, the individual was 15 sentenced as a result of conviction in this state of an unclassified felony described 16 in AS 11 and the judgment has not been reversed or vacated; 17 (4) during the 19 years immediately before the qualifying year, the 18 individual was incarcerated as a result of the conviction in this state of a felony 19 under AS 11.41 or of a felony under AS 11.46.480(a)(3) and the judgment has not 20 been reversed or vacated; 21 (5) except as provided in (3) and (4) of this subsection, during the 22 nine years immediately before the qualifying year, the individual was 23 incarcerated as a result of the conviction in this state of a felony and the 24 judgment has not been reversed or vacated; or 25 (6) during the four years immediately before the qualifying year, 26 the individual was incarcerated as a result of the conviction in this state of a 27 misdemeanor under AS 11.41 and the judgment has not been reversed or vacated 28 [IF THE INDIVIDUAL HAS BEEN CONVICTED OF 29 (i) A PRIOR FELONY AS DEFINED IN 30 AS 11.81.900; OR 31 (ii) TWO OR MORE PRIOR MISDEMEANORS AS
01 DEFINED IN AS 11.81.900]. 02 * Sec. 3. AS 43.23.005(g) is amended to read: 03 (g) For purposes of applying (d) [(d)(1)] of this section, the date the court 04 imposes a sentence or suspends the imposition of sentence shall be treated as the date 05 of conviction. [FOR PURPOSES OF APPLYING (d)(2)(B) OF THIS SECTION, 06 MULTIPLE CONVICTIONS ARISING OUT OF A SINGLE CRIMINAL EPISODE 07 SHALL BE TREATED AS A SINGLE CONVICTION.] 08 * Sec. 4. AS 43.23.028(a) is amended to read: 09 (a) By October 1 of each year, the commissioner shall give public notice of 10 the value of each permanent fund dividend for that year and notice of the information 11 required to be disclosed under (3) of this subsection. In addition, the stub attached to 12 each individual dividend check and direct deposit advice must 13 (1) disclose the amount of each dividend attributable to income earned 14 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 15 Constitution of the State of Alaska; 16 (2) disclose the amount of each dividend attributable to income earned 17 by the permanent fund from appropriations to that fund and from amounts added to 18 that fund to offset the effects of inflation; 19 (3) disclose the amount by which each dividend has been reduced due 20 to each appropriation from the dividend fund, including amounts to pay the costs of 21 administering the dividend program and the hold harmless provisions of 22 AS 43.23.075; 23 (4) include a statement listing the circumstances under which 24 [THAT] an individual is not eligible for a dividend under AS 43.23.005(d) [WHEN 25 (A) DURING THE QUALIFYING YEAR, THE 26 INDIVIDUAL WAS CONVICTED OF A FELONY; 27 (B) DURING ALL OR PART OF THE QUALIFYING YEAR, 28 THE INDIVIDUAL WAS INCARCERATED AS A RESULT OF THE 29 CONVICTION OF A 30 (i) FELONY; OR 31 (ii) MISDEMEANOR IF THE INDIVIDUAL HAS
01 BEEN CONVICTED OF A PRIOR FELONY OR TWO OR MORE 02 PRIOR MISDEMEANORS]; 03 (5) include a statement that the legislative purpose for making 04 individuals listed under (4) of this subsection ineligible is to 05 (A) obtain reimbursement for some of the costs imposed on the 06 state criminal justice system related to incarceration or probation of those 07 individuals; 08 (B) provide funds for services for and payments to crime 09 victims and for grants for the operation of domestic violence and sexual assault 10 programs; 11 (6) disclose the total amount that would have been paid during the 12 previous fiscal year to individuals who were ineligible to receive dividends under 13 AS 43.23.005(d) if they had been eligible; 14 (7) disclose the total amount appropriated for the current fiscal year 15 under (b) of this section for each of the funds and agencies listed in (b) of this section. 16 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. The amendments to AS 43.23.005(d) and (g) in secs. 2 and 3 of 19 this Act apply only to individuals convicted of crimes committed after December 31, 2002. 20 AS 43.23.005(d) and (g) as they read on the day before the effective date of the amendments 21 in secs. 2 and 3 of this Act apply to individuals convicted of crimes committed before 22 December 31, 2002. 23 * Sec. 6. This Act takes effect January 1, 2003.