CSSB 219(JUD): "An Act relating to establishing an office of crime victims' rights; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence."
00CS FOR SENATE BILL NO. 219(JUD) 01 "An Act relating to establishing an office of crime victims' rights; and amending 02 Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, 03 and Rule 501, Alaska Rules of Evidence." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. SHORT TITLE. This Act may be known as the Crime Victims' Rights and 06 Advocacy Act of 1998. 07 * Sec. 2. AS 12.55.023(b) is amended to read: 08 (b) A victim may submit to the sentencing court a written statement that the 09 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 10 or make an unsworn oral presentation to the court at the sentencing hearing. If there 11 are numerous victims, the court may limit the number of victims who may give sworn 12 testimony or make an unsworn oral presentation during the hearing. When requested 13 by the victim of a felony or a class A misdemeanor, if the class A misdemeanor 14 is a crime involving domestic violence or a crime against a person under
01 AS 11.41, when the victim does not submit a statement, give testimony, or make 02 an oral presentation, the victims' advocate may submit a written statement or 03 make an unsworn oral presentation at the sentencing hearing on behalf of the 04 victim. 05 * Sec. 3. AS 24.60.990(a)(9) is amended to read: 06 (9) "legislative director" means the director of the legislative finance 07 division, the legislative auditor, the director of the legislative research agency, the 08 ombudsman, the victims' advocate, the executive director of the Legislative Affairs 09 Agency, and the directors of the divisions within the Legislative Affairs Agency; 10 * Sec. 4. AS 24 is amended by adding a new chapter to read: 11 Chapter 65. Office of Victims' Rights. 12 Sec. 24.65.010. Office of victims' rights. There is created in the legislative 13 branch of the state the office of victims' rights. The victims' advocate is the director 14 of the office of victims' rights. 15 Sec. 24.65.020. Appointment of the victims' advocate. (a) A candidate for 16 appointment as the victims' advocate shall be nominated by the victims' advocate 17 selection committee composed of three members of the senate appointed by the 18 president of the senate and three members of the house of representatives appointed 19 by the speaker of the house. One member of the minority party caucus in each house 20 shall be appointed to the selection committee. 21 (b) The victims' advocate selection committee shall examine persons to serve 22 as victims' advocate regarding their qualifications and ability and shall place the name 23 of the person selected in nomination. The appointment is effective if the nomination 24 is approved by a roll call vote of two-thirds of the members of the legislature in joint 25 session and approved by the governor. However, the governor may veto the 26 appointment and return it, with a statement of objections, to the legislature. On receipt 27 of a veto message, the legislature shall meet immediately in joint session and 28 reconsider approval of the vetoed appointment. The vetoed appointment becomes 29 effective by an affirmative vote of two-thirds of the membership of the legislature in 30 joint session. The vote on the appointment and on reconsideration of a vetoed 31 appointment shall be entered in the journals of both houses.
01 (c) The appointment of the victims' advocate becomes effective if, while the 02 legislature is in session, the governor neither approves nor vetoes it within 15 days, 03 Sundays excepted, after its delivery to the governor. If the legislature is not in session 04 and the governor neither approves nor vetoes the appointment within 20 days, Sundays 05 excepted, after its delivery to the governor, the appointment becomes effective. 06 Sec. 24.65.030. Qualifications. A person may not serve as victims' advocate 07 (1) unless the person has been a resident of the state for the five years 08 immediately preceding the person's appointment; 09 (2) unless the person has been engaged in the active practice of law for 10 the five years immediately preceding the person's appointment; 11 (3) unless the person has significant experience in criminal law; 12 (4) unless the person is an attorney licensed to practice law in this 13 state; 14 (5) within one year of the last day on which the person served as a 15 member of the legislature; 16 (6) while the person is a candidate for or holds another national, state, 17 or municipal office; the victims' advocate may not become a candidate for national, 18 state, or municipal office until one year has elapsed from the date the victims' advocate 19 vacates the office of victims' advocate; 20 (7) while the person is engaged in another occupation for which the 21 person receives compensation; 22 (8) unless the person is at least 21 years of age and is a qualified voter. 23 Sec. 24.65.040. Term of office. (a) The term of office of the victims' 24 advocate is five years. A victims' advocate may be reappointed but may not serve for 25 more than three terms. 26 (b) If the term of a victims' advocate expires without the appointment of a 27 successor under this chapter, the incumbent victims' advocate may continue in office 28 until a successor is appointed. If the victims' advocate dies, resigns, becomes 29 ineligible to serve, or is removed or suspended from office, the person appointed as 30 acting victims' advocate under AS 24.65.070(a) serves until a new victims' advocate 31 is appointed for a full term.
01 Sec. 24.65.050. Removal. The legislature, by a concurrent resolution adopted 02 by a roll call vote of two-thirds of the members in each house entered in the journal, 03 may remove or suspend the victims' advocate from office, but only for neglect of duty, 04 misconduct, or disability. 05 Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive 06 an annual salary equal to Step A, Range 26, on the salary schedule set out in 07 AS 39.27.011(a) for Juneau. 08 Sec. 24.65.070. Staff and delegation. (a) The victims' advocate shall appoint 09 a person to serve as acting victims' advocate in the absence of the victims' advocate. 10 The victims' advocate shall also appoint assistants and clerical personnel necessary to 11 carry out the provisions of this chapter. 12 (b) The victims' advocate may delegate to the assistants any of the victims' 13 advocate's duties except those specified in AS 24.65.150 and 24.65.160; however, 14 during the victims' advocate's absence from the principal business offices, the victims' 15 advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the 16 acting victims' advocate for the duration of the absence. The duties specified in 17 AS 24.65.150 and 24.65.160 shall be performed by the acting victims' advocate when 18 serving under AS 24.65.040(b). 19 (c) The victims' advocate and the staff appointed by the victims' advocate are 20 in the exempt service under AS 39.25.110 and are not subject to the employment 21 policies under AS 24.10 or AS 24.20. 22 Sec. 24.65.080. Office facilities and administration. (a) Subject to 23 restrictions and limitations imposed by the executive director of the Legislative Affairs 24 Agency, the administrative facilities and services of the Legislative Affairs Agency, 25 including computer, data processing, and teleconference facilities, may be made 26 available to the victims' advocate to be used in the management of the office of 27 victims' rights and to carry out the purposes of this chapter. 28 (b) The salary and benefits of the victims' advocate and the permanent staff 29 of the victims' advocate shall be paid through the same procedures used for payment 30 of the salaries and benefits of other permanent legislative employees. 31 (c) The victims' advocate shall submit a budget for each fiscal year to the
01 Alaska Legislative Council and the council shall annually submit an estimated budget 02 to the governor for information purposes in the preparation of the executive budget. 03 After reviewing and approving, with or without modifications, the budget submitted 04 by the victims' advocate, the council shall submit the approved budget to the finance 05 committees of the legislature. 06 Sec. 24.65.090. Procedure. (a) The victims' advocate shall, by regulations 07 adopted under AS 44.62 (Administrative Procedure Act), establish procedures for 08 advocacy on behalf of crime victims, receiving and processing complaints, conducting 09 investigations, reporting findings, and ensuring that confidential information obtained 10 by the victims' advocate in the course of advocacy on behalf of a crime victim or in 11 the course of an investigation will not be improperly disclosed. The victims' advocate 12 may establish procedures so that advocacy and investigations on behalf of crime 13 victims in felony cases take a priority over advocacy and investigations on behalf of 14 crime victims in misdemeanor cases. 15 (b) The office of victims' rights may not charge fees for the submission or 16 investigation of complaints. 17 Sec. 24.65.100. Jurisdiction. The victims' advocate has jurisdiction to 18 advocate on behalf of crime victims of felony offenses or class A misdemeanors, if the 19 class A misdemeanor is a crime involving domestic violence or a crime against a 20 person under AS 11.41, in the courts of the state and to investigate the complaints of 21 crime victims of felony offenses or class A misdemeanors, if the class A misdemeanor 22 is a crime involving domestic violence or a crime against a person under AS 11.41, 23 that they have been denied their rights under the constitution and the laws of the state. 24 In this section, "crime involving domestic violence" has the meaning given in 25 AS 18.66.990. 26 Sec. 24.65.110. Advocacy on behalf of crime victims. (a) The victims' 27 advocate shall assist crime victims in obtaining the rights crime victims are guaranteed 28 under the constitution and laws of the state with regard to the contacts crime victims 29 have with the justice agencies of the state. 30 (b) Notwithstanding another provision of law, the victims' advocate may make 31 the statement a crime victim is authorized to make in a court of the state when
01 requested by the crime victim and when the crime victim does not personally make a 02 statement. 03 (c) When advocating on behalf of a crime victim in an ongoing criminal case 04 or juvenile adjudication, the victims' advocate is entitled to all information available 05 to the defendant or juvenile. 06 Sec. 24.65.120. Investigations. (a) The victims' advocate may investigate 07 complaints from crime victims that they have been denied the rights they are 08 guaranteed under the constitution and laws of this state. 09 (b) In an investigation, the victims' advocate may 10 (1) make inquiries and obtain information considered necessary; 11 (2) hold private hearings; and 12 (3) notwithstanding other provisions of law, have access at all times to 13 records of justice agencies, including court records of criminal prosecutions and 14 juvenile adjudications, necessary to ensure that the rights of crime victims are not 15 being denied; with regard to court and prosecution records, the victims' advocate is 16 entitled to obtain access to every record that the defendant is entitled to access or 17 receive. 18 (c) The victims' advocate shall maintain confidentiality with respect to all 19 matters and the identities of the complainants or witnesses coming before the victims' 20 advocate except insofar as disclosures may be necessary to enable the victims' advocate 21 to carry out duties and to support recommendations. However, the victims' advocate 22 may not disclose a confidential record obtained from a court or justice agency. 23 Sec. 24.65.130. Powers. (a) Subject to the privileges that witnesses have in 24 the courts of this state, the victims' advocate may compel by subpoena, at a specified 25 time and place, the 26 (1) appearance and sworn testimony of a person who the victims' 27 advocate reasonably believes may be able to give information relating to a matter 28 under investigation under AS 24.65.120; and 29 (2) production by a person of a record or object that the victims' 30 advocate reasonably believes may relate to the matter under investigation under 31 AS 24.65.120.
01 (b) If a person refuses to comply with a subpoena issued under (a) of this 02 section, the superior court may, on application of the victims' advocate, compel 03 obedience by proceedings for contempt in the same manner as in the case of 04 disobedience to the requirements of a subpoena issued by the court or refusal to testify 05 in the court. 06 (c) This section does not authorize the victims' advocate to issue a subpoena 07 to 08 (1) a justice, judge, or magistrate concerning a judicial action or 09 nonaction taken by the justice, judge, or magistrate; 10 (2) a member of a jury concerning a matter that was considered by the 11 jury; or 12 (3) the person accused or convicted of committing the crime that is the 13 basis for the complaint, and investigation under AS 24.65.120, concerning a denial of 14 rights. 15 Sec. 24.65.140. Consultation. Before giving an opinion or recommendation 16 that is critical of a justice agency or person as a result of an investigation under 17 AS 24.65.120, the victims' advocate shall consult with that agency or person. The 18 victims' advocate may make a preliminary opinion or recommendation available to the 19 agency or person for review, but the preliminary opinion or recommendation is 20 confidential and may not be disclosed to the public by the agency or person. 21 Sec. 24.65.150. Procedure after investigation. (a) The victims' advocate shall 22 report the advocate's opinion and recommendations to a justice agency if the victims' 23 advocate finds, after investigation under AS 24.65.120, that the agency has denied a 24 crime victim rights the crime victim is guaranteed under the constitution and laws of 25 this state. 26 (b) The victims' advocate may request the justice agency to notify the victims' 27 advocate, within a specified time, of any action taken on the recommendations. 28 (c) The report provided under (a) of this section is confidential and may not 29 be disclosed to the public by the justice agency. The victims' advocate may disclose 30 the report under AS 24.65.160 only after providing notice that the investigation has 31 been concluded to the agency and after receiving the written approval of the
01 complainant to release the report. 02 Sec. 24.65.160. Publication of recommendations. Except as provided in 03 AS 24.65.150(c), within a reasonable amount of time after the victims' advocate reports 04 the advocate's opinion and recommendations to a justice agency, the victims' advocate 05 may present the opinion and recommendations to the governor, the legislature, a grand 06 jury, the public, or any of these. The victims' advocate shall include with the opinion 07 any reply made by the agency. 08 Sec. 24.65.170. Annual report. The victims' advocate shall submit to the 09 public an annual report of the victims' advocate's activities under this chapter and 10 notify the legislature that the report is available. 11 Sec. 24.65.180. Judicial review. A proceeding or decision of the victims' 12 advocate may be reviewed in superior court only to determine if it is contrary to the 13 provisions of this chapter. 14 Sec. 24.65.190. Immunity of the victims' advocate. A civil action may not 15 be brought against the victims' advocate or a member of the victims' advocate's staff 16 for anything done, said, or omitted in performing the victims' advocate's duties or 17 responsibilities under this chapter. 18 Sec. 24.65.200. Victims' advocate's privilege not to testify. The victims' 19 advocate and the staff of the victims' advocate may not testify in a court regarding 20 matters coming to their attention in the exercise or purported exercise of their official 21 duties except as may be necessary to enforce the provisions of this chapter. 22 Sec. 24.65.210. Penalty. A person who knowingly hinders the lawful actions 23 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 24 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction 25 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 26 the meaning given in AS 11.81.900. 27 Sec. 24.65.250. Definitions. In this chapter, 28 (1) "justice agency" means a department, office, institution, corporation, 29 authority, organization, commission, committee, council, court, or board in the 30 executive or judicial branches of the state government that is, in any manner, involved 31 with or responsible for the apprehension, prosecution, incarceration, or supervision of
01 criminal or juvenile offenders; it also includes an officer, employee, or member of an 02 agency acting or purporting to act in the exercise of official duties, including the 03 governor and lieutenant governor, when acting with regard to executive clemency, 04 judges, and magistrates; 05 (2) "victim" has the meaning given in AS 12.55.185. 06 * Sec. 5. AS 39.27.022(d) is amended to read: 07 (d) This section applies to employees of the legislature only if the committee 08 responsible for adopting employment policies concerning the employee adopts a 09 written policy that the section applies. This section applies to the employees of the 10 office of the ombudsman only if the ombudsman adopts a policy that the section 11 applies. This section applies to the employees of the office of victims' rights only 12 if the victims' advocate adopts a policy that the section applies. 13 * Sec. 6. AS 44.62.040(c) is amended to read: 14 (c) Before submitting the regulations and orders of repeal to the lieutenant 15 governor under (a) of this section, every state agency that by statute possesses 16 regulation making authority, except boards and commissions , the office of victims' 17 rights, and the office of the ombudsman, shall submit to the governor for review a 18 copy of every regulation or order of repeal adopted by the agency, except regulations 19 and orders of repeal identified in (a)(1) - (2) of this section. The governor may review 20 the regulations and orders of repeal received under this subsection. The governor may 21 return the regulations and orders of repeal to the adopting agency before they are 22 submitted to the lieutenant governor for filing under (a) of this section [,] (1) if they 23 are inconsistent with the faithful execution of the laws , or (2) to enable the adopting 24 agency to respond to specific issues raised by the Administrative Regulation Review 25 Committee. The governor may not delegate the governor's review authority under this 26 subsection to a person other than the lieutenant governor. 27 * Sec. 7. AS 44.62.215 is amended to read: 28 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 29 preparation of a proposed regulation, amendment, or order of repeal, an agency, other 30 than a board or commission , the office of victims' rights, and the office of the 31 ombudsman, shall keep a record of its use or rejection of factual or other substantive
01 information that is submitted in writing as public comment and that is relevant to the 02 accuracy, coverage, or other aspect of the proposed regulatory action. 03 * Sec. 8. AS 44.66.050(c) is amended to read: 04 (c) A determination as to whether a board or commission or agency program 05 has demonstrated a public need for its continued existence must take into consideration 06 the following factors: 07 (1) the extent to which the board, commission, or program has operated 08 in the public interest; 09 (2) the extent to which the operation of the board, commission, or 10 agency program has been impeded or enhanced by existing statutes, procedures, and 11 practices that it has adopted, and any other matter, including budgetary, resource, and 12 personnel matters; 13 (3) the extent to which the board, commission, or agency has 14 recommended statutory changes that are generally of benefit to the public interest; 15 (4) the extent to which the board, commission, or agency has 16 encouraged interested persons to report to it concerning the effect of its regulations and 17 decisions on the effectiveness of service, economy of service, and availability of 18 service that it has provided; 19 (5) the extent to which the board, commission, or agency has 20 encouraged public participation in the making of its regulations and decisions; 21 (6) the efficiency with which public inquiries or complaints regarding 22 the activities of the board, commission, or agency filed with it, with the department 23 to which a board or commission is administratively assigned, or with the office of 24 victims' rights or the office of the ombudsman have been processed and resolved; 25 (7) the extent to which a board or commission that regulates entry into 26 an occupation or profession has presented qualified applicants to serve the public; 27 (8) the extent to which state personnel practices, including affirmative 28 action requirements, have been complied with by the board, commission, or agency to 29 its own activities and the area of activity or interest; and 30 (9) the extent to which statutory, regulatory, budgeting, or other 31 changes are necessary to enable the agency, board, or commission to better serve the
01 interests of the public and to comply with the factors enumerated in this subsection. 02 * Sec. 9. AS 44.99.240(2) is amended to read: 03 (2) "state agency" means 04 (A) a department, institution, board, commission, division, 05 authority, public corporation, or other administrative unit of the executive 06 branch, including the University of Alaska and the Alaska Railroad 07 Corporation; 08 (B) a committee, division, or administrative unit of the 09 legislative branch, including the Alaska Legislative Council, the leadership of 10 each house, the office of victims' rights, and the office of the ombudsman; 11 (C) an administrative unit of the judicial branch, including the 12 Alaska Judicial Council and the Commission on Judicial Conduct. 13 * Sec. 10. AS 24.65.110 and 24.65.120, added by sec. 4 of this Act, have the effect of 14 amending Rule 16, Alaska Rules of Criminal Procedure, and Rule 9, Alaska Delinquency 15 Rules, by allowing the victims' advocate a right of access to information in criminal 16 prosecutions and juvenile adjudications that is equal to that available to criminal defendants 17 or juveniles when the advocate is engaging in advocacy or that is unlimited when the advocate 18 is engaging in investigations concerning victims' rights. 19 * Sec. 11. AS 24.65.200, added by sec. 4 of this Act, amends Rule 501, Alaska Rules of 20 Evidence, by creating a new privilege from being compelled to testify in a court.