00 HOUSE BILL NO. 282 01 "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and 02 violations and authorizing disposition of estimated receipts from that surcharge; 03 and amending the purposes for which grants may be made from the legal 04 assistance and juvenile justice grant fund in order to provide financial assistance 05 for the operation of youth courts." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 12.55 is amended by adding a new section to read: 08  Sec. 12.55.041. Surcharge for misdemeanors and violations. (a) In addition 09 to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo 10 contendere to, forfeits bail for, or is convicted of an offense punishable as a 11 misdemeanor or of an infraction or violation, except the violation of a vehicle or traffic 12 offense under AS 28, a regulation adopted under AS 28, or a municipal ordinance 13 under AS 28.01.010, shall be assessed a surcharge of $25. 14  (b) A court may not fail to impose the surcharge required under this section. 01 The surcharge may not be waived, deferred, or suspended. A court may allow a 02 defendant who is unable to pay the surcharge required to be imposed under this section 03 to perform community work under AS 12.55.055(c) in lieu of the surcharge. 04  (c) The surcharge shall be paid within 10 days of imposition or such shorter 05 period of time as ordered by the court. Failure to pay the surcharge is punishable as 06 contempt of court. Proceedings to collect the surcharge may be instituted by the state, 07 the municipality, or by the court on its own motion. 08  (d) Money collected under this section shall be deposited into the general fund 09 and accounted for under AS 37.05.142. 10 * Sec. 2. AS 44.47.200 is amended to read: 11  Sec. 44.47.200. Legal assistance and juvenile justice grant fund.  (a) There 12 is created in the department the legal assistance and juvenile justice grant fund. From 13 legislative appropriations to the fund, the department shall make grants 14  [(1)] to eligible communities and regions for the purpose of enabling 15 them to obtain legal assistance. 16  (b) In addition to grants authorized by (a) of this section, the legislature 17 may appropriate to the fund the annual estimated balance in the account 18 maintained under AS 37.05.142 for money collected under AS 12.55.041 and may 19 appropriate from the fund to the department to make grants [; AND 20  (2)] to youth courts [A NONPROFIT CORPORATION] established 21 under AS 47.12.400 [TO OPERATE AS A YOUTH COURT]. 22 * Sec. 3. AS 44.47.210 is amended to read: 23  Sec. 44.47.210. Eligibility. (a) First and second class cities and 24 unincorporated villages, and regional associations of those communities, may apply to 25 the department for a grant under AS 44.47.200(a) [AS 44.47.200(1)]. Grants shall be 26 made only to those communities or regions that would otherwise be unable to obtain 27 legal assistance. A regional or village corporation formed under 43 U.S.C. 1601 - 28 1608 (Alaska Native Claims Settlement Act) is not eligible for a grant under  29 AS 44.47.200(a) [AS 44.47.200(1)]. 30  (b) Nonprofit corporations proposing to establish and operate youth courts 31 under AS 47.12.400 may apply to the department for a [AN ORGANIZATIONAL] 01 grant under AS 44.47.200(b) [AS 44.47.200(2)]. A grant under this subsection must 02 be matched on a dollar-for-dollar basis by the grantee in cash or in kind. The 03 commissioner may waive the match required under this subsection on a showing 04 satisfactory to the commissioner by the prospective applicant that matching funds are 05 not available. 06 * Sec. 4. AS 44.47.220 is amended to read: 07  Sec. 44.47.220. Grants. (a) Grants made under AS 44.47.200(a) 08 [AS 44.47.200(1)] shall be used for a single legal project and not for the provision of 09 general legal counsel. The department shall assure that the grant is spent for necessary 10 legal assistance and that appropriate accounting procedures are maintained. Grants 11 made under AS 44.47.200(a) [AS 44.47.200(1)] and this subsection may not exceed 12 $20,000. 13  (b) Grants made under AS 44.47.200(b) [AS 44.47.200(2)] shall be used 14   (1) to defray the costs of organization of youth courts under 15 AS 47.12.400; the [. THE] department shall assure that the grant is spent for 16 necessary organizational assistance and that appropriate accounting procedures are 17 maintained; grants [. GRANTS] made under [AS 44.47.200(2) AND] this  18 paragraph [SUBSECTION] may not exceed $30,000, and only [$5,000. ONLY] one 19 grant may be made to a grantee under authority of this paragraph; and 20   (2) to defray the costs of operation of youth courts under 21 AS 47.12.400 [SUBSECTION].