Enrolled SB 5: Relating to loss of income and valuing property for orders of restitution.
00Enrolled SB 5 01 Relating to loss of income and valuing property for orders of restitution. 02 _______________ 03 * Section 1. AS 12.55.045(a) is amended to read: 04 (a) The court shall, when presented with credible evidence, unless the victim 05 or other person expressly declines restitution, order a defendant convicted of an 06 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 credible evidence, unless the 11 victim expressly declines restitution, also order a defendant convicted of an offense to 12 compensate a victim that is a nonprofit organization for the value of labor or goods 13 provided by volunteers if the labor or goods were necessary to alleviate or mitigate the 14 effects of the defendant's crime. In determining the amount and method of payment of 15 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, including loss of income, 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(n) is amended to read: 07 (n) In this section, 08 (1) "conviction" means that the defendant has entered a plea of guilty, 09 guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but 10 mentally ill by a court or jury; 11 (2) "loss of income" includes the total loss of income a business or 12 person suffers as a result of not having stolen property available during the time 13 it takes to obtain a replacement. 14 * Sec. 3. AS 12.55.045 is amended by adding a new subsection to read: 15 (o) In determining the amount of actual damages or loss for restitution under 16 this section, the court shall value property as the market value of the property at the 17 time and place of the crime or, if the market value cannot reasonably be ascertained, 18 the cost of replacement of the property within a reasonable time after the crime. 19 * Sec. 4. AS 12.55.100(a) is amended to read: 20 (a) While on probation and among the conditions of probation, the defendant 21 may be required 22 (1) to pay a fine in one or several sums; 23 (2) to make restitution or reparation to aggrieved parties for actual 24 damages or loss caused by the crime for which conviction was had, including 25 compensation to a victim that is a nonprofit organization for the value of labor or 26 goods provided by volunteers if the labor or goods were necessary to alleviate or 27 mitigate the effects of the defendant's crime; when determining the amount of 28 actual damages or loss under this paragraph, the court shall value property as 29 the market value of the property at the time and place of the crime or, if the 30 market value cannot reasonably be ascertained, the cost of the replacement of the 31 property within a reasonable time after the crime;
01 (3) to provide for the support of any persons for whose support the 02 defendant is legally responsible; 03 (4) to perform community work in accordance with AS 12.55.055; 04 (5) to participate in or comply with the treatment plan of an inpatient 05 or outpatient rehabilitation program specified by either the court or the defendant's 06 probation officer that is related to the defendant's offense or to the defendant's 07 rehabilitation; 08 (6) to satisfy the screening, evaluation, referral, and program 09 requirements of an agency authorized by the court to make referrals for rehabilitative 10 treatment or to provide rehabilitative treatment; and 11 (7) to comply with a program established under AS 47.38.020. 12 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. The amendments to AS 12.55.045 in secs. 1 - 3 of this Act and to 15 AS 12.55.100(a)(2) in sec. 4 of this Act apply to an order of restitution for an offense 16 committed on or after the effective date of this Act.