Legislature(2001 - 2002)
2001-02-20 Senate Journal
Full Journal pdf2001-02-20 Senate Journal Page 0436 SB 107 SENATE BILL NO. 107 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to restitution for criminal and delinquency acts; authorizing the state to collect restitution on behalf of victims of crime and delinquent acts and the release of certain information related to that collection; relating to the forfeiture of certain cash and other security for payment of other restitution; relating to access by the Violent Crimes Compensation Board to certain records regarding delinquency acts to award compensation to victims; relating to immunity for damages related to certain collections of restitution; amending Rule 82, Alaska Rules of Civil Procedure; and providing for an effective date." 2001-02-20 Senate Journal Page 0437 was read the first time and referred to the Judiciary and Finance Committees. The following fiscal information was published today: Fiscal Note. No. 1, Department of Law Governor's transmittal letter dated February 16: Dear President Halford: Victims of crime or delinquent acts have had their integrity and their sense of security undermined. Their property is often lost or damaged. As a means to recover some measure of economic and psychological wholeness, the court may order an offender to pay restitution to the victim. Unfortunately, many victims never receive that repayment for monetary loss or damages caused by an offender. Those who do often had to first struggle through a frustrating and confusing system. This bill I am transmitting today addresses this gross injustice by setting up a simple restitution collection program for victims. Under this proposal, the system will work for the victim, instead of forcing the victim to work the system. The bill authorizes the Department of Law (department) to collect restitution payments on behalf of victims. The department already has expertise in collecting money due the state. Extending this authority to restitution collection will help victims in a concrete and useful way. Under this collection authority, the department will be able to attach Permanent Fund Dividends, garnish wages, and take other measures to seek full restitution payment to victims. The bill also identifies a source of money to pay victim restitution -- money or other security that has been forfeited to the court as a result of a defendant's violation of bail or conditions of release. Currently, those forfeited assets are deposited in the state general fund. The state would be able to seek a separate judgment to replace any of this forfeited money to the general fund. This provision essentially puts the victim in a priority creditor status, but retains the defendant's obligation to pay or forfeit the full amounts ordered by the court. 2001-02-20 Senate Journal Page 0438 Criminal justice professionals today tout the value of restorative justice. Basic restorative justice principles include holding offenders accountable for their conduct that harms victims and the community. Accountability means accepting responsibility and taking action to repair the harm done to the victim. This bill recognizes a key element of restorative justice -- restitution -- and makes that element a reality by strengthening collection efforts for crime victims. I urge your prompt and favorable consideration of this important legislation. Sincerely, /s/ Tony Knowles Governor