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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 216                                                                                                         
01 Relating to restitution; relating to the office of victims' rights; relating to transfers from the                      
02 dividend fund; creating the restorative justice account; relating to appropriations from the                            
03 restorative justice account for services for and payments to crime victims, operating costs of                          
04 the Violent Crimes Compensation Board, operation of domestic violence and sexual assault                                
05 programs, mental health services and substance abuse treatment for offenders, and                                       
06 incarceration costs; relating to contributions from dividends; relating to delinquent minors;                           
07 and providing for an effective date.                                                                                    
08                           _______________                                                                               
09    * Section 1. AS 12.55.045(m) is amended to read:                                                                     
10            (m)  Notwithstanding another provision of law, the court shall accept                                        
11                 (1)  payments of restitution from a defendant at any time; [,] and                                    
12 (2)  prepayments of restitution or payments in anticipation of an order                                                 
13 of restitution. [IF THE RECIPIENT HAS ELECTED TO HAVE THE                                                               
14 DEPARTMENT OF LAW COLLECT THE JUDGMENT OF RESTITUTION                                                                   
01 UNDER AS 12.55.051(g), THE COURT SHALL FORWARD ALL PAYMENTS OF                                                          
02 RESTITUTION TO THE DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER                                                             
03       THE COURT'S ACCEPTANCE.]                                                                                          
04    * Sec. 2. AS 12.55.051(f) is amended to read:                                                                        
05 (f)  The court shall forward a copy of an order of restitution to the Department                                        
06 of Law and the office of victims' rights when the judgment is entered. Along with                                     
07 the copy of the order, the court shall provide the name, date of birth, social security                                 
08 number, and current address of the recipient of the restitution and the defendant, to the                               
09 extent that the court has that information in its possession. Upon receipt of the order                                 
10 and other information from the court, the Department of Law shall send a notice to the                                  
11 recipient regarding the recipient's rights under this section, including the right to elect                             
12 to enforce the order of restitution without the assistance of the Department of Law and                               
13 of the possibility of, and procedure for, receiving payment from the restorative                                      
14 justice account. The information provided to the Department of Law and the office                                   
15 of victims' rights under this subsection is confidential and is not open to inspection as                             
16 a public record under AS 40.25.110. The Department of Law, the office of victims'                                     
17 rights, or [ITS] agents for the Department of Law or office of victims' rights may                                  
18       not disclose the information except as necessary to collect on the restitution.                                   
19    * Sec. 3. AS 12.55.051(g) is amended to read:                                                                        
20 (g)  The Department of Law may not begin collection procedures on the order                                             
21 of restitution until the recipient has been given notice and has been given 90 [30] days                              
22 after receipt of notice to elect to collect the restitution without the assistance of the                               
23 Department of Law. If the Department of Law receives a response to the notice                                         
24 before the 90-day period, the Department of Law may begin collection on the                                           
25 restitution. A recipient may inform the Department of Law at a later time of the                                      
26 recipient's election to collect the restitution without the assistance of the Department                                
27 of Law; upon receipt of that information, the Department of Law may no longer                                           
28 proceed with collection efforts on behalf of the recipient. A recipient who has elected                                 
29 under this section to collect restitution without the assistance of the Department of                                   
30       Law may not later request the services of that department to collect the restitution.                             
31    * Sec. 4. AS 24.65 is amended by adding a new section to read:                                                       
01 Sec. 24.65.105. Payment of restitution. (a) Subject to appropriation, the                                               
02 office of victims' rights is authorized to pay outstanding balances on orders of                                        
03 restitution under AS 12.55.045 or AS 47.12.120. The office of victims' rights shall                                     
04 coordinate and make payments from the restorative justice account (AS 43.23.048) in                                     
05 accordance with the priority in (b) of this section. A crime victim may receive not                                     
06 more than $10,000 from the restorative justice account, regardless of the amount of the                                 
07       order of restitution.                                                                                             
08 (b)  The office of victims' rights shall make restitution payments to eligible                                          
09       victims in the following priority order:                                                                          
10                 (1)  a natural person;                                                                                  
11                 (2)  private businesses;                                                                                
12                 (3)  state and local governments.                                                                       
13 (c)  The office of victims' rights shall adopt regulations under AS 44.62                                               
14 (Administrative Procedure Act) to establish a process for payments of restitution                                       
15       balances from the restorative justice account established in AS 43.23.048.                                        
16    * Sec. 5. AS 43.23.028 is amended to read:                                                                           
17 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the                                                       
18 commissioner shall give public notice of the value of each permanent fund dividend                                      
19 for that year and notice of the information required to be disclosed under (3) of this                                  
20 subsection. In addition, the stub attached to each individual dividend disbursement                                     
21       advice must                                                                                                       
22 (1)  disclose the amount of each dividend attributable to income earned                                                 
23 by the permanent fund from deposits to that fund required under art. IX, sec. 15,                                       
24       Constitution of the State of Alaska;                                                                              
25 (2)  disclose the amount of each dividend attributable to income earned                                                 
26 by the permanent fund from appropriations to that fund and from amounts added to                                        
27       that fund to offset the effects of inflation;                                                                     
28 (3)  disclose the amount by which each dividend has been reduced due                                                    
29 to each appropriation from the dividend fund, including amounts to pay the costs of                                     
30 administering the dividend program and the hold harmless provisions of                                                  
31       AS 43.23.075;                                                                                                     
01                 (4)  include a statement that an individual is not eligible for a dividend                              
02       when                                                                                                              
03                      (A)  during the qualifying year, the individual was convicted of                                   
04            a felony;                                                                                                    
05                      (B)  during all or part of the qualifying year, the individual was                                 
06            incarcerated as a result of the conviction of a                                                              
07                           (i)  felony; or                                                                               
08                           (ii)  misdemeanor if the individual has been convicted of                                     
09                 a prior felony or two or more prior misdemeanors;                                                       
10 (5)  include a statement that the legislative purpose for making                                                        
11       individuals listed under (4) of this subsection ineligible is to                                                  
12 (A)  provide funds for services for and payments to crime                                                             
13 victims and operating costs of the Violent Crimes Compensation Board                                                  
14 [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON                                                                  
15 THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO                                                                            
16            INCARCERATION OR PROBATION OF THOSE INDIVIDUALS];                                                            
17                      (B)  provide funds to pay restitution owed to crime victims;                                     
18 (C)  provide funds for grants to nonprofit organizations for                                                          
19 services for crime victims and for mental health services and substance                                               
20            abuse treatment for offenders;                                                                             
21                      (D)  provide funds for the office of victims' rights;                                            
22 (E)  provide funds to the Council on Domestic Violence and                                                            
23 Sexual Assault [FOR SERVICES FOR AND PAYMENTS TO CRIME                                                                
24 VICTIMS AND] for grants for the operation of domestic violence and sexual                                               
25            assault programs; and                                                                                      
26 (F)  obtain reimbursement for some of the costs imposed on                                                            
27 the Department of Corrections related to incarceration or probation of                                                
28            those individuals;                                                                                         
29 (6)  disclose the total amount that would have been paid during the                                                     
30 previous fiscal year to individuals who were ineligible to receive dividends under                                      
31       AS 43.23.005(d) if they had been eligible;                                                                        
01 (7)  disclose the total amount transferred or appropriated for the                                                    
02 current fiscal year under AS 43.23.048 [(b) OF THIS SECTION] for each of the                                          
03       accounts, funds, and agencies listed in AS 43.23.048 [(b) OF THIS SECTION].                                 
04 (b)  To the extent that amounts appropriated for a fiscal year do not exceed the                                        
05 total amount that would have been paid during the previous fiscal year to individuals                                   
06 who were ineligible to receive dividends under AS 43.23.005(d) or under                                                 
07 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this                                    
08 section do not apply to transfers [APPROPRIATIONS] from the dividend fund to the                                    
09       restorative justice account (AS 43.23.048)                                                                      
10 [(1)  THE CRIME VICTIM COMPENSATION FUND                                                                                
11       ESTABLISHED UNDER AS 18.67.162 FOR PAYMENTS TO CRIME VICTIMS;                                                     
12 (2)  THE COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL                                                                        
13 ASSAULT ESTABLISHED UNDER AS 18.66.010 FOR GRANTS FOR THE                                                               
14 OPERATION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT                                                                       
15       PROGRAMS;                                                                                                         
16 (3)  THE DEPARTMENT OF CORRECTIONS FOR                                                                                  
17       INCARCERATION AND PROBATION PROGRAMS;                                                                             
18                 (4)  THE OFFICE OF VICTIMS' RIGHTS;                                                                     
19 (5)  NONPROFIT VICTIMS' RIGHTS ORGANIZATIONS FOR                                                                        
20       GRANTS FOR SERVICES TO CRIME VICTIMS; OR                                                                          
21 (6)  THE DEPARTMENT OF REVENUE FOR GRANTS TO MINOR                                                                      
22 CHILDREN OF INCARCERATED INDIVIDUALS UNDER A GRANT                                                                      
23 PROGRAM ESTABLISHED BY REGULATIONS OF THE DEPARTMENT OF                                                                 
24       REVENUE UNDER AS 44.62 (ADMINISTRATIVE PROCEDURE ACT)].                                                           
25    * Sec. 6. AS 43.23 is amended by adding a new section to read:                                                       
26 Sec. 43.23.048. Restorative justice account. (a) The restorative justice                                                
27 account is created as a separate account in the dividend fund. The commissioner shall                                   
28 transfer from the dividend fund to the restorative justice account each fiscal year an                                  
29 amount equal to the amount that would have been paid during the previous fiscal year                                    
30 to individuals who were ineligible to receive dividends under AS 43.23.005(d) if they                                   
31       had been eligible.                                                                                                
01            (b)  The legislature may appropriate amounts from the account to the following                               
02       recipients in the priority order and percentages listed:                                                          
03                 (1)  10 to 13 percent to the crime victim compensation fund established                                 
04       under AS 18.67.162 for payments to crime victims and for operating costs of the                                   
05       Violent Crimes Compensation Board;                                                                                
06                 (2)  two to six percent to the office of victims' rights for payments to                                
07       crime victims as provided in AS 24.65.105 and for operating costs of the office of                                
08       victims' rights;                                                                                                  
09                 (3)  one to three percent to nonprofit organizations to provide grants for                              
10       services for crime victims and domestic violence and sexual assault programs;                                     
11 (4)  one to three percent to nonprofit organizations to provide grants for                                              
12       mental health services and substance abuse treatment for offenders; and                                           
13 (5)  79 to 88 percent to the Department of Corrections for costs related                                                
14       to incarceration or probation.                                                                                    
15 (c)  A person who is subject to an order of restitution all or part of which is                                         
16 paid under this section shall reimburse the state for the amount paid by the state. The                                 
17 state may enforce payment of reimbursement under this subsection as if the                                              
18       reimbursement were a civil judgment enforceable by execution.                                                     
19 (d)  The legislature may appropriate money received under (c) of this section to                                        
20       the restorative justice account.                                                                                  
21            (e)  Nothing in this section creates a dedicated fund.                                                       
22    * Sec. 7. AS 43.23.055 is amended to read:                                                                           
23            Sec. 43.23.055. Duties of the department. The department shall                                               
24                 (1)  annually pay permanent fund dividends from the dividend fund;                                      
25 (2)  subject to AS 43.23.011 and [PARAGRAPH] (8) of this section,                                                       
26 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish                                          
27 procedures and time limits for claiming a permanent fund dividend; the department                                       
28 shall determine the number of eligible applicants by October 1 of the year for which                                    
29       the dividend is declared and pay the dividends by December 31 of that year;                                       
30 (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                                    
31 that establish procedures and time limits for an individual upon emancipation or upon                                   
01 reaching majority to apply for permanent fund dividends not received during minority                                    
02 because the parent, guardian, or other authorized representative did not apply on                                       
03       behalf of the individual;                                                                                         
04 (4)  assist residents of the state, particularly in rural areas, who, because                                         
05 of language, disability, or inaccessibility to public transportation, need assistance to                              
06       establish eligibility and to apply for permanent fund dividends;                                                  
07 (5)  use a list of individuals ineligible for a dividend under                                                          
08 AS 43.23.005(d) provided annually by the Department of Corrections and the                                              
09 Department of Public Safety to determine the number and identity of those                                               
10       individuals;                                                                                                      
11 (6)  adopt regulations that are necessary to implement AS 43.23.005(d)                                                  
12       and 43.23.048;                                                                                                  
13 (7)  adopt regulations that establish procedures for the parent, guardian,                                              
14 or other authorized representative of a disabled individual to apply for prior year                                     
15 permanent fund dividends not received by the disabled individual because no                                             
16       application was submitted on behalf of the individual;                                                            
17 (8)  adopt regulations that establish procedures for an individual to                                                   
18 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not                                    
19 collected within two years after the date of its issuance; however, the department may                                  
20 not establish a time limit within which an application to have a disbursement reissued                                  
21       must be filed;                                                                                                    
22 (9)  provide any information, upon request, contained in permanent                                                      
23 fund dividend records to the child support services agency created in AS 25.27.010, or                                  
24 the child support enforcement agency of another state, for child support purposes                                       
25 authorized under law; if the information is contained in an electronic data base, the                                   
26       department shall provide the requesting agency with either                                                        
27                      (A)  access to the data base; or                                                                   
28 (B)  a copy of the information in the data base and a statement                                                         
29            certifying its contents;                                                                                     
30                 (10)  establish a fraud investigation unit for the purpose of assisting the                             
31 (A)  Department of Law in the prosecution of individuals who                                                            
01            apply for or obtain a permanent fund dividend in violation of a provision in                                 
02            AS 11, by detecting and investigating those crimes; and                                                      
03 (B)  commissioner to detect and investigate the claiming or                                                             
04 paying of permanent fund dividends that should not have been claimed by or                                              
05 paid to an individual and to impose the penalties and enforcement provisions                                            
06            under AS 43.23.035.                                                                                          
07    * Sec. 8. AS 43.23.062(a) is amended to read:                                                                        
08            (a)  Notwithstanding AS 43.23.069, the Department of Revenue shall prepare                                   
09       the electronic Alaska permanent fund dividend application to allow an applicant who                               
10 files electronically to direct that money be subtracted from the dividend payment and                                   
11 contributed to the crime victim compensation fund (AS 18.67.162), the peace officer                                   
12 and firefighter survivors' fund, or [TO] one or more of the educational organizations,                                
13 community foundations, or charitable organizations that appear on the contribution list                                 
14 contained in the application. A contribution to the crime victim compensation fund,                                   
15 the peace officer and firefighter survivors' fund or to an organization may be $25, $50,                                
16 $75, $100, or more, in increments of $50, up to the total amount of the permanent fund                                  
17 dividend that the applicant is entitled to receive. If the total amount of contributions                                
18 elected by an applicant exceeds the amount of the permanent fund dividend that the                                      
19 applicant is entitled to receive, contributions shall be deducted from the dividend in                                  
20 the order of priority elected by the applicant on the application until the entire amount                               
21 of the dividend that the applicant is entitled to receive is allocated for contribution.                                
22 The electronic dividend application form must include notice that seven percent of the                                  
23 money contributed will be used for administrative costs incurred in implementing this                                   
24       section, and money from the dividend fund will not be used for that purpose.                                      
25    * Sec. 9. AS 43.23.062(b) is amended to read:                                                                        
26 (b)  The department shall list each educational organization, community                                                 
27 foundation, or charitable organization eligible under (c) and (d) of this section, each                                 
28 university campus that applies under (l) of this section, the crime victim                                            
29 compensation fund, and the peace officer and firefighter survivors' fund on the                                       
30 contribution list. The department shall maintain an electronic database for the                                         
31 contribution list that is accessible to the public and that permits searches by                                         
01 organization or fund name, geographic location, and type. The department shall                                          
02 provide a statement of the contributions made by an individual that is suitable for                                     
03 federal income tax purposes to each individual who elects to contribute under (a) of                                    
04       this section.                                                                                                     
05    * Sec. 10. AS 43.23.062(m) is amended to read:                                                                       
06 (m)  In addition to the application fee in (f) of this section, the department shall                                    
07 withhold a coordination fee from each organization, foundation, or university campus                                    
08 that receives contributions under this section in the immediately preceding dividend                                    
09 year. The coordination fee for an organization, foundation, or university campus that                                   
10 receives contributions under this section shall be seven percent of the amount of                                       
11 contributions reported by the department under (j) of this section for the organization,                                
12 foundation, or university campus for the immediately preceding dividend year. The                                       
13 coordination fee shall be separately accounted for under AS 37.05.142 and shall be                                      
14 accounted for separately from the application fee collected under (f) of this section.                                  
15 The annual estimated balance in the account maintained under AS 37.05.142 for                                           
16 coordination fees collected under this subsection may be appropriated for costs of                                      
17 administering this section. The department may not withhold a coordination fee for                                      
18 contributions to the crime victim compensation fund or the peace officer and                                          
19       firefighter survivors' fund.                                                                                      
20    * Sec. 11. AS 47.12.160(f) is amended to read:                                                                       
21            (f)  Notwithstanding another provision of law, the court shall accept                                        
22 (1)  payments of restitution from a minor and the minor's parent at any                                                 
23       time; [,] and                                                                                                   
24 (2)  prepayments of restitution or payments in anticipation of an order                                                 
25 of restitution. [IF THE RECIPIENT HAS ELECTED TO HAVE THE                                                               
26 DEPARTMENT OF LAW COLLECT THE JUDGMENT OF RESTITUTION                                                                   
27 UNDER AS 12.55.051(g), THE COURT SHALL FORWARD ALL PAYMENTS OF                                                          
28 RESTITUTION TO THE DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER                                                             
29       THE COURT'S ACCEPTANCE.]                                                                                          
30    * Sec. 12. AS 47.12.170(c) is amended to read:                                                                       
31 (c)  The court shall forward a copy of the restitution order to the department                                          
01 and the office of victims' rights when the order is entered. Upon receipt of the order,                               
02 the department shall send a notice to the recipient regarding the recipient's rights under                              
03 this section, including the right to elect to enforce the order of restitution without the                              
04 assistance of the Department of Law and of the possibility of, and procedure for,                                     
05 receiving payment from the restorative justice account. When 90 [30] days have                                      
06 passed since the recipient received the notice, or when the department receives the                                     
07 recipient's response to the notice, whichever is earlier, the department shall send to the                              
08 Department of Law a copy of the order of restitution; the name, date of birth, social                                   
09 security number, and current address of the recipient, the minor, and the minor's                                       
10 parent; the notice sent to the recipient under this subsection; and the recipient's                                     
11 response, if any. If a response from the recipient reaches the department after the                                     
12 department has sent the order of restitution and other information to the Department of                                 
13 Law under this subsection, the department shall immediately send the response to the                                    
14 Department of Law. The information provided to the Department of Law and the                                          
15 office of victims' rights under this subsection is confidential and is not open to                                    
16 inspection as a public record under AS 40.25.110. The Department of Law, the office                                   
17 of victims' rights, or [ITS] agents for the Department of Law or office of victims'                                 
18 rights may not disclose the information except as necessary to collect on the                                         
19       restitution.                                                                                                      
20    * Sec. 13. AS 47.12.170(d) is amended to read:                                                                       
21 (d)  The Department of Law may not begin collection procedures on the order                                             
22 of restitution until the recipient has been given notice under (c) of this section and has                              
23 been given 90 [30] days after receipt of notice to elect to collect the restitution without                           
24 the assistance of the Department of Law. If the Department of Law receives a                                          
25 response to the notice before the 90-day period, the Department of Law may                                            
26 begin collection on the restitution. A recipient may inform the Department of Law at                                  
27 a later time of the recipient's election to collect the restitution without the assistance of                           
28 the Department of Law; upon receipt of the information, the Department of Law may                                       
29 no longer proceed with collection efforts on behalf of the recipient. A recipient who                                   
30 has elected under this section to collect restitution without the assistance of the                                     
31 Department of Law may not later request the services of that department to collect the                                  
01       restitution.                                                                                                      
02    * Sec. 14. This Act takes effect January 1, 2019.                                                                    
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