Enrolled SB 135: Relating to the rights of crime victims; relating to the duties of prosecuting attorneys; relating to the victims' advocate and to the term of office of the victims' advocate; relating to the appointment of counsel for persons accused of crimes; amending Rules 39.1 and 45, Alaska Rules of Criminal Procedure; and providing for an effective date.
00Enrolled SB 135 01 Relating to the rights of crime victims; relating to the duties of prosecuting attorneys; relating 02 to the victims' advocate and to the term of office of the victims' advocate; relating to the 03 appointment of counsel for persons accused of crimes; amending Rules 39.1 and 45, Alaska 04 Rules of Criminal Procedure; and providing for an effective date. 05 _______________ 06 * Section 1. AS 12.61.010(a) is amended to read: 07 (a) Victims of crimes have the following rights: 08 (1) the right to be present during any proceeding in 09 (A) the prosecution and sentencing of a defendant if the 10 defendant has the right to be present, including being present during testimony 11 even if the victim is likely to be called as a witness; 12 (B) the adjudication of a minor as provided under 13 AS 47.12.110;
01 (2) the right to be notified by the appropriate law enforcement agency 02 or the prosecuting attorney of any request for a continuance that may substantially 03 delay the prosecution and of the date of trial, sentencing, including a proceeding 04 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 05 the defendant's release from custody is considered; 06 (3) the right to be notified that a sentencing hearing or a court 07 proceeding to which the victim has been subpoenaed will not occur as scheduled; 08 (4) the right to receive protection from harm and threats of harm 09 arising out of cooperation with law enforcement and prosecution efforts and to be 10 provided with information as to the protection available; 11 (5) the right to be notified of the procedure to be followed to apply for 12 and receive any compensation under AS 18.67; 13 (6) at the request of the prosecution or a law enforcement agency, the 14 right to cooperate with the criminal justice process without loss of pay and other 15 employee benefits except as authorized by AS 12.61.017 and without interference in 16 any form by the employer of the victim of crime; 17 (7) the right to obtain access to immediate medical assistance and not 18 to be detained for an unreasonable length of time by a law enforcement agency before 19 having medical assistance administered; however, an employee of the law 20 enforcement agency may, if necessary, accompany the person to a medical facility to 21 question the person about the criminal incident if the questioning does not hinder the 22 administration of medical assistance; 23 (8) the right to make a written or oral statement for use in preparation 24 of the presentence report of a felony defendant; 25 (9) the right to appear personally at the defendant's sentencing hearing 26 to present a written statement and to give sworn testimony or an unsworn oral 27 presentation; 28 (10) the right to be informed by the prosecuting attorney, at any time 29 after the defendant's conviction, about the complete record of the defendant's 30 convictions; 31 (11) the right to notice under AS 12.47.095 concerning the status of the
01 defendant found not guilty by reason of insanity; 02 (12) the right to notice under AS 33.16.087 of a hearing concerning 03 special medical parole of the defendant; 04 (13) the right to notice under AS 33.16.120 of a hearing to consider or 05 review discretionary parole of the defendant; 06 (14) the right to notice under AS 33.30.013 of the release or escape of 07 the defendant; and 08 (15) the right to be notified orally and in writing of and receive 09 information about the office of victims' rights from the law enforcement officer 10 initially investigating the crime and from the prosecuting attorney assigned to the 11 offense; at a minimum, the information provided must include the address, telephone 12 number, and Internet address of the office of victims' rights; this paragraph 13 (A) applies only to victims of felonies and to victims of class A 14 misdemeanors if the class A misdemeanor is a crime involving domestic 15 violence or a crime against a person under AS 11.41; if the victim is an 16 unemancipated minor, the law enforcement officer and the prosecuting 17 attorney shall also provide the notice required by this paragraph to the parent 18 or guardian of the minor; 19 (B) is satisfied if, at the time of initial contact with the crime 20 victim, the investigating officer and prosecuting attorney each give each crime 21 victim a brochure or other written material prepared by the office of victims' 22 rights and provided to law enforcement agencies for that purpose. 23 * Sec. 2. AS 12.61.015(a) is amended to read: 24 (a) If a victim of a felony or a crime involving domestic violence requests, the 25 prosecuting attorney shall make a reasonable effort to 26 (1) confer with the person against whom the offense has been 27 perpetrated about that person's testimony before the defendant's trial; 28 (2) in a manner reasonably calculated to give prompt actual notice, 29 notify the victim 30 (A) of the defendant's conviction and the crimes of which the 31 defendant was convicted;
01 (B) of the victim's right in a case that is a felony to make a 02 written or oral statement for use in preparation of the defendant's presentence 03 report, and of the victim's right to appear personally at the defendant's 04 sentencing hearing to present a written statement and to give sworn testimony 05 or an unsworn oral presentation; 06 (C) of the address and telephone number of the office that will 07 prepare the presentence report; and 08 (D) of the time and place of the sentencing proceeding; 09 (3) notify the victim in writing of the final disposition of the case 10 within 30 days after final disposition of the case; 11 (4) confer with the victim of a crime involving domestic violence 12 concerning a proposed plea agreement before entering into an agreement; 13 (5) inform the victim of a pending motion that may substantially 14 delay the prosecution and inform the court of the victim's position on the motion; 15 in this paragraph, a "substantial delay" is 16 (A) for a misdemeanor, a delay of one month or longer; 17 (B) for a felony, a delay of two months or longer; and 18 (C) for an appeal, a delay of six months or longer. 19 * Sec. 3. AS 18.85.120(b) is amended to read: 20 (b) In determining whether a person is indigent and in determining the extent 21 of the person's inability to pay, the court shall consider such factors as income, 22 property owned, outstanding obligations, and the number and ages of dependents. 23 Release on bail does not preclude a finding that a person is indigent. In each case, the 24 person, subject to the penalties for perjury, shall certify under oath, and in writing or 25 by other record, material factors relative to the person's financial resources and 26 ability to pay that the court prescribes. 27 * Sec. 4. AS 24.65.040 is amended to read: 28 Sec. 24.65.040. Term of office. (a) The term of office of the victims' advocate 29 is five years. A victims' advocate may be reappointed but may not serve for more than 30 three terms. To be eligible for reappointment at the conclusion of each five-year 31 term of service, a victims' advocate seeking reappointment must submit to the
01 victims' advocate selection committee an application for reappointment. 02 (b) If the term of a victims' advocate expires without the appointment of a 03 successor under this chapter or [, THE INCUMBENT VICTIMS' ADVOCATE MAY 04 CONTINUE IN OFFICE UNTIL A SUCCESSOR IS APPOINTED. IF] the victims' 05 advocate dies, resigns, becomes ineligible to serve, or is removed or suspended from 06 office, the person appointed as acting victims' advocate under AS 24.65.070(a) serves 07 until a new victims' advocate is appointed for a full term. 08 * Sec. 5. AS 24.65.060 is amended to read: 09 Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive an 10 annual salary of [EQUAL TO STEP A,] Range 26 [,] on the salary schedule set out in 11 AS 39.27.011(a) for Juneau. 12 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 39.1(e), Alaska Rules of 15 Criminal Procedure, is amended to read: 16 (e) Determining Eligibility. The court or its designee shall determine whether 17 a defendant is eligible for court-appointed counsel by placing the defendant under oath 18 and asking about the defendant's financial status, or by requiring the defendant to 19 complete a signed sworn financial statement, subject to penalties for perjury. A 20 defendant who requests appointed counsel must execute a general waiver authorizing 21 the release of financial information to the court as required by AS 18.85.120. 22 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. Rule 45(d)(2), Alaska Rules of 25 Criminal Procedure, is amended to read: 26 (2) The period of delay resulting from an adjournment or continuance 27 granted at the timely request or with the consent of the defendant and the defendant's 28 counsel. The court shall grant such a continuance only if it is satisfied that the 29 postponement is in the interest of justice, taking into account the public interest in the 30 prompt disposition of criminal offenses, and after consideration of the interests of 31 the crime victim, if known, as provided in (h) of this rule. A defendant without
01 counsel shall not be deemed to have consented to a continuance unless the defendant 02 has been advised by the court of the right to a speedy trial under this rule and of the 03 effect of consent. 04 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 45, Alaska Rules of Criminal 07 Procedure, is amended by adding a new subsection to read: 08 (h) Victim's Interest in Ruling on Motion to Continue. Before ruling on a 09 motion for a continuance in a case involving a victim, as defined in AS 12.55.185, the 10 court shall consider the victim's position, if known, on the motion to continue and the 11 effect of a continuance on the victim. 12 * Sec. 9. Section 4 of this Act takes effect immediately under AS 01.10.070(c).