00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216(FIN) 01 "An Act relating to restitution; relating to the office of victims' rights; relating to 02 transfers from the dividend fund; creating the restorative justice account; relating to 03 appropriations from the restorative justice account for services for and payments to 04 crime victims, operating costs of the Violent Crimes Compensation Board, operation of 05 domestic violence and sexual assault programs, mental health services and substance 06 abuse treatment for offenders, and incarceration costs; relating to delinquent minors; 07 and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09  * Section 1. AS 12.55.045(m) is amended to read: 10 (m) Notwithstanding another provision of law, the court shall accept (1) 11 payments of restitution from a defendant at any time, and (2) prepayments of 12 restitution or payments in anticipation of an order of restitution. [IF THE RECIPIENT 13 HAS ELECTED TO HAVE THE DEPARTMENT OF LAW COLLECT THE 01 JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE COURT SHALL 02 FORWARD ALL PAYMENTS OF RESTITUTION TO THE DEPARTMENT OF 03 LAW WITHIN FIVE DAYS AFTER 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 of 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 the nonprofit organizations to provide grants 10 for services for crime victims and domestic violence and sexual assault programs; 11 (4) one to three percent to the nonprofit organizations to provide grants 12 for 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 47.12.160(f) is amended to read: 08 (f) Notwithstanding another provision of law, the court shall accept (1) 09 payments of restitution from a minor and the minor's parent at any time, and (2) 10 prepayments of restitution or payments in anticipation of an order of restitution. [IF 11 THE RECIPIENT HAS ELECTED TO HAVE THE DEPARTMENT OF LAW 12 COLLECT THE JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE 13 COURT SHALL FORWARD ALL PAYMENTS OF RESTITUTION TO THE 14 DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER THE COURT'S 15 ACCEPTANCE.] 16  * Sec. 9. AS 47.12.170(c) is amended to read: 17 (c) The court shall forward a copy of the restitution order to the department 18 and the office of victims' rights when the order is entered. Upon receipt of the order, 19 the department shall send a notice to the recipient regarding the recipient's rights under 20 this section, including the right to elect to enforce the order of restitution without the 21 assistance of the Department of Law and of the possibility of and procedure for  22 receiving payment from the restorative justice account. When 90 [30] days have 23 passed since the recipient received the notice, or when the department receives the 24 recipient's response to the notice, whichever is earlier, the department shall send to the 25 Department of Law a copy of the order of restitution; the name, date of birth, social 26 security number, and current address of the recipient, the minor, and the minor's 27 parent; the notice sent to the recipient under this subsection; and the recipient's 28 response, if any. If a response from the recipient reaches the department after the 29 department has sent the order of restitution and other information to the Department of 30 Law under this subsection, the department shall immediately send the response to the 31 Department of Law. The information provided to the Department of Law and the  01 office of victims' rights under this subsection is confidential and is not open to 02 inspection as a public record under AS 40.25.110. The Department of Law, the office  03 of victims' rights, or [ITS] agents for the Department of Law or office of victims'  04 rights may not disclose the information except as necessary to collect on the 05 restitution. 06  * Sec. 10. AS 47.12.170(d) is amended to read: 07 (d) The Department of Law may not begin collection procedures on the order 08 of restitution until the recipient has been given notice under (c) of this section and has 09 been given 90 [30] days after receipt of notice to elect to collect the restitution without 10 the assistance of the Department of Law. If the Department of Law receives a  11 response to the notice before the 90-day period, the Department of Law may  12 begin collection on the restitution. A recipient may inform the Department of Law at 13 a later time of the recipient's election to collect the restitution without the assistance of 14 the Department of Law; upon receipt of the information, the Department of Law may 15 no longer proceed with collection efforts on behalf of the recipient. A recipient who 16 has elected under this section to collect restitution without the assistance of the 17 Department of Law may not later request the services of that department to collect the 18 restitution. 19  * Sec. 11. This Act takes effect January 1, 2019.