00                            HOUSE BILL NO. 484                                                                          
01 "An Act imposing a correctional facility surcharge on persons convicted of a crime                                      
02 under state law, and on persons whose probation is revoked; relating to fees and                                        
03 expenses for interstate transfer of probation or parole; and providing for an effective                                 
04 date."                                                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 12.55 is amended by adding a new section to read:                                                 
07            Sec. 12.55.041.  Correctional facility surcharge.  (a)  In addition to any fine                            
08       or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere                              
09       to, or is convicted of, a crime under state law shall pay a correctional facility surcharge                       
10       if, in connection with the crime, the defendant                                                                   
11                 (1)  was arrested and taken to a correctional facility, regardless of                                   
12       whether the defendant was released or admitted to the facility; or                                                
13                 (2)  is sentenced to serve a term of imprisonment.                                                      
14            (b)  The court shall impose a single surcharge under (a) of this section on a                                

01       defendant being sentenced for one or more crimes in a single judgment.   The                                      
02       surcharge is                                                                                                      
03                 (1)  $100 if the judgment includes a sentence for a felony;                                             
04                 (2)  $50 if the judgment does not include a sentence for a felony.                                      
05            (c)  If the court places the defendant on probation, the court shall order, as a                             
06       condition of probation, that the defendant pay an additional correctional facility                                
07       surcharge of $100.  The additional surcharge shall be suspended, but later imposed if                             
08       the defendant's probation is revoked and, in connection with the probation revocation,                            
09       the defendant                                                                                                     
10                 (1)  was arrested and taken to a correctional facility, regardless of                                   
11       whether the defendant was released or admitted to the facility; or                                                
12                 (2)  is ordered to serve a term of imprisonment for the probation                                       
13       revocation.                                                                                                       
14            (d)  The court shall include a surcharge imposed under this section in the                                   
15       judgment of conviction.  For a surcharge that is not paid by the person as required by                            
16       this section, the state shall seek reimbursement from the person's permanent fund                                 
17       divided as provided under AS 43.23.065.  For purposes of collection and priority of                               
18       attachment under AS 43.23.065, a surcharge imposed under this section is accounted                                
19       for in the same manner as a cost of imprisonment under AS 28.35.030(k) and                                        
20       28.35.032(o).                                                                                                     
21            (e)  In this section, "correctional facility" has the meaning given in                                       
22       AS 33.30.901.                                                                                                     
23    * Sec. 2.  AS 33.36 is amended by adding a new section to read:                                                    
24            Sec. 33.36.145.  Application fee; deposit.  (a)  A person under probation or                               
25       parole supervision by the Department of Corrections who applies for a transfer of                                 
26       supervision to another state under the Interstate Compact for Adult Offender                                      
27       Supervision shall pay to the Department of Corrections a nonrefundable application                                
28       fee of $100.                                                                                                      
29            (b)  Before the Department of Corrections may transfer supervision of a person                               
30       to another state under the Interstate Compact for Adult Offender Supervision, the                                 
31       person shall execute and file with the clerk of court a bond, with sufficient solvent                             

01       sureties, in the amount of $1,250, or deposit in the registry of the court cash in the                            
02       amount of $1,250.  The bond or cash is forfeited if the state is required to assist in the                        
03       applicant's return to the state for continued supervision.                                                        
04    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       APPLICABILITY.  (a)  Section 1 of this Act applies to offenses committed on or after                              
07 the effective date of this Act.                                                                                         
08       (b)  Section 2 of this Act applies to applications for transfer of supervision under the                          
09 Interstate Compact for Adult Offender Supervision received on or after the effective date of                            
10 this Act regarding offenses committed before, on, or after the effective date of this Act.                              
11    * Sec. 4.  This Act takes effect July 1, 2004.