00                            HOUSE BILL NO. 357                                                                          
01 "An Act relating to restitution; and providing for an effective date."                                                  
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 12.55.045(a) is amended to read:                                                                  
04            (a)  The court shall [MAY] order a defendant convicted of an offense to make                             
05       restitution as provided in this section, including restitution to the victim or other                             
06       person injured by the offense, to a public, private, or private nonprofit organization                            
07       that has provided or is or will be providing counseling, medical, or shelter services to                          
08       the victim or other person injured by the offense, or as otherwise authorized by law.                             
09       The court shall [MAY] also order a defendant convicted of an offense to compensate a                          
10       victim that is a nonprofit organization for the value of labor or goods provided by                               
11       volunteers if the labor or goods were necessary to alleviate or mitigate the effects of                           
12       the defendant's crime.  In determining the amount and method of payment of                                        
13       restitution or compensation, the court shall take into account the                                                
14                 (1)  public policy that favors requiring criminals to compensate for                                    
15       damages and injury to their victims; and                                                                          

01                 (2)  financial burden placed on the victim and those who provide                                        
02       services to the victim and other persons injured by the offense as a result of the                                
03       criminal conduct of the defendant.                                                                                
04    * Sec. 2.  AS 12.55.045(d) is amended to read:                                                                     
05            (d)  In any case, including a case in which the defendant is convicted of a                                  
06       violation of AS 11.46.120 - 11.46.150 and the property is commercial fishing gear as                              
07       defined in AS 16.43.990, the court shall consider the victim's loss, and the [MAY]                        
08       order of restitution [THAT] may include compensation for loss of income.                                      
09    * Sec. 3.  AS 12.55.045(g)is amended to read:                                                                      
10            (g)  The [EXCEPT AS PROVIDED BY (f) OF THIS SECTION, THE] court                                          
11       may not, in ordering the amount of restitution, consider the defendant's ability to pay                           
12       restitution.                                                                                                      
13    * Sec. 4.  AS 12.55.051(c) is amended to read:                                                                     
14            (c)  A defendant who has been sentenced to pay a fine [OR RESTITUTION]                                       
15       may request a hearing regarding the defendant's ability to pay the fine [OR                                       
16       RESTITUTION] at any time that the defendant is required to pay all or a portion of                                
17       the fine [OR RESTITUTION]. The court may deny the request if it has previously                                    
18       considered the defendant's ability to pay and the defendant's request does not allege                             
19       changed circumstances. If at a hearing under this subsection, the defendant proves by a                           
20       preponderance of the evidence that the defendant will be unable through good faith                                
21       efforts to satisfy the order requiring payment of the fine [OR RESTITUTION], the                                  
22       court shall modify the order so that the defendant can pay the fine [OR                                           
23       RESTITUTION] through good faith efforts. The court may reduce the fine [OR                                        
24       RESTITUTION] ordered, change the payment schedule, or otherwise modify the                                        
25       order.                                                                                                            
26    * Sec. 5.  AS 12.55.045(e) and (f) are repealed.                                                                   
27    * Sec. 6.  This Act takes effect immediately under AS 01.10.070(c).