CSHB 357(JUD): "An Act relating to restitution; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 357(JUD) 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, when presented with evidence, unless the victim or 05 other person expressly declines restitution, [MAY] order a defendant convicted of 06 an offense to make restitution as provided in this section, including restitution to the 07 victim or other person injured by the offense, to a public, private, or private nonprofit 08 organization that has provided or is or will be providing counseling, medical, or 09 shelter services to the victim or other person injured by the offense, or as otherwise 10 authorized by law. The court shall, when presented with evidence, unless the 11 victim expressly declines restitution, [MAY] also order a defendant convicted of an 12 offense to compensate a victim that is a nonprofit organization for the value of labor or 13 goods provided by volunteers if the labor or goods were necessary to alleviate or 14 mitigate the effects of the defendant's crime. In determining the amount and method 15 of payment of restitution or compensation, the court shall take into account the
01 (1) public policy that favors requiring criminals to compensate for 02 damages and injury to their victims; and 03 (2) financial burden placed on the victim and those who provide 04 services to the victim and other persons injured by the offense as a result of the 05 criminal conduct of the defendant. 06 * Sec. 2. AS 12.55.045(d) is amended to read: 07 (d) In any case, including a case in which the defendant is convicted of a 08 violation of AS 11.46.120 - 11.46.150 and the property is commercial fishing gear as 09 defined in AS 16.43.990, the court shall consider the victim's loss, and the [MAY] 10 order of restitution [THAT] may include compensation for loss of income. 11 * Sec. 3. AS 12.55.045(g) is amended to read: 12 (g) The [EXCEPT AS PROVIDED BY (f) OF THIS SECTION, THE] court 13 may not, in ordering the amount of restitution, consider the defendant's ability to pay 14 restitution. 15 * Sec. 4. AS 12.55.045 is amended by adding a new subsection to read: 16 (n) Notwithstanding another provision of law, the court shall accept 17 (1) payments of restitution from a defendant at any time; and 18 (2) prepayments of restitution or payments in anticipation of an order 19 of restitution. 20 * Sec. 5. AS 12.55.051(c) is amended to read: 21 (c) A defendant who has been sentenced to pay a fine or restitution may 22 request a hearing regarding the defendant's ability to pay the fine or restitution at any 23 time that the defendant is required to pay all or a portion of the fine or restitution. The 24 court may deny the request if it has previously considered the defendant's ability to 25 pay and the defendant's request does not allege changed circumstances. If at a hearing 26 under this subsection, the defendant proves by a preponderance of the evidence that 27 the defendant will be unable through good faith efforts to satisfy the order requiring 28 payment of the fine or restitution, the court shall modify the order so that the 29 defendant can pay the fine or restitution through good faith efforts. The court may 30 reduce the fine [OR RESTITUTION] ordered, change the payment schedule, or 31 otherwise modify the order. The court may not reduce an order of restitution but
01 may change the payment schedule. 02 * Sec. 6. AS 47.12.160 is amended by adding a new subsection to read: 03 (f) Notwithstanding another provision of law, the court shall accept 04 (1) payments of restitution from a minor and the minor's parent at any 05 time; and 06 (2) prepayments of restitution or payments in anticipation of an order 07 of restitution. 08 * Sec. 7. AS 12.55.045(e) and 12.55.045(f) are repealed. 09 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).