00 SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) 01 "An Act relating to criminal sentencing and restitution." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.005 is amended to read: 04 Sec. 12.55.005. Declaration of purpose. The purpose of this chapter is to 05 provide the means for determining the appropriate sentence to be imposed upon 06 conviction of an offense. The legislature finds that the elimination of unjustified 07 disparity in sentences and the attainment of reasonable uniformity in sentences can best 08 be achieved through a sentencing framework fixed by statute as provided in this 09 chapter. In imposing sentence, the court shall consider 10 (1) the seriousness of the defendant's present offense in relation to 11 other offenses; 12 (2) the prior criminal history of the defendant and the likelihood of 13 rehabilitation; 14 (3) the need to confine the defendant to prevent further harm to the 01 public; 02 (4) the circumstances of the offense and the extent to which the offense 03 harmed the victim or endangered the public safety or order; 04 (5) the effect of the sentence to be imposed in deterring the defendant 05 or other members of society from future criminal conduct; [AND] 06 (6) the effect of the sentence to be imposed as a community 07 condemnation of the criminal act and as a reaffirmation of societal norms ; and 08 (7) the restoration of the victim and the community . 09 * Sec. 2. AS 12.55 is amended by adding a new section to read: 10 Sec. 12.55.011. Victim and community involvement in sentencing. A court, 11 when considering the sentence to be imposed under this chapter for an offense other 12 than a violation of AS 11.41, AS 11.46.400, or a crime involving domestic violence, 13 may permit the victim and the offender to submit a sentence for the court's review 14 based upon a negotiated agreement between the victim and the offender, or between 15 the offender and the community if there is no victim. The court may, with the consent 16 of the victim and the offender, impose the sentence that has been determined by the 17 negotiated agreement between the offender and the victim, or between the offender and 18 the community if there is no victim, if that sentence otherwise complies with this 19 chapter and accomplishes the goals of restoration of the victim and the community and 20 rehabilitation of the offender. Before accepting a negotiated agreement, the court shall 21 determine that the victim has not been intimidated or coerced in reaching the 22 agreement. In this section, "community" has the meaning determined by the court. 23 * Sec. 3. AS 12.55.045(f) is amended to read: 24 (f) If a court proposes to order a defendant to pay restitution under this section 25 of more [LESS] than $5,000, and the defendant's sentence includes [DOES NOT 26 INCLUDE] a period of unsuspended incarceration exceeding 90 days, the court may 27 take into account at the time of sentencing the defendant's present and future ability 28 to pay the restitution proposed. The court shall presume that the defendant has the 29 ability to pay the amount proposed unless the defendant at the sentencing hearing 30 establishes by clear and convincing [A PREPONDERANCE OF THE] evidence the 31 inability to pay the amount proposed. 01 * Sec. 4. AS 12.55.045 is amended by adding new subsections to read: 02 (h) In imposing restitution under this section, the court may require the 03 defendant to make restitution by means other than the payment of money if the 04 restitution has been determined under a negotiated agreement for a sentence under 05 AS 12.55.011. 06 (i) An order of restitution made under this section is a condition of the 07 defendant's sentence and, in cases in which the court suspends all or a portion of the 08 defendant's sentence, the order of restitution is a condition of the suspended sentence. 09 If the court suspends imposition of sentence under AS 12.55.085, the order of 10 restitution is a condition of the suspended imposition of sentence. 11 * Sec. 5. AS 12.55.155(d) is amended by adding a new paragraph to read: 12 (18) the defendant and the victim, or the defendant and the community 13 if there is no victim, have negotiated an agreement for a sentence under AS 12.55.011.