CSSB 274(FIN) AM: "An Act relating to fees for probation and parole; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; and relating to notice requirements relating to appropriations from the permanent fund dividend fund to the office of victims' rights."
00CS FOR SENATE BILL NO. 274(FIN) am 01 "An Act relating to fees for probation and parole; relating to eligibility for a 02 permanent fund dividend for persons convicted of and incarcerated for certain 03 offenses; and relating to notice requirements relating to appropriations from the 04 permanent fund dividend fund to the office of victims' rights." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 12.55.051(a) is amended to read: 07 (a) If the defendant defaults in the payment of a fine or any installment , of a 08 probation fee or any installment, or of restitution or any installment, the court may 09 order the defendant to show cause why the defendant should not be sentenced to 10 imprisonment for nonpayment and, if the payment was made a condition of the 11 defendant's probation, may revoke the probation of the defendant. In a contempt or 12 probation revocation proceeding brought as a result of failure to pay a fine , fee, or 13 restitution, it is an affirmative defense that the defendant was unable to pay despite 14 having made continuing good faith efforts to pay the fine , fee, or restitution. If the
01 court finds that the defendant was unable to pay despite having made continuing good 02 faith efforts, the defendant may not be imprisoned solely because of the inability to 03 pay. If the court does not find that the default was attributable to the defendant's 04 inability to pay despite having made continuing good faith efforts to pay the fine , fee, 05 or restitution, the court may order the defendant imprisoned until the order of the court 06 is satisfied. A term of imprisonment imposed under this section may not exceed one 07 day for each $50 of the unpaid portion of the fine , fee, or restitution or one year, 08 whichever is shorter. Credit shall be given toward satisfaction of the order of the court 09 for every day a person is incarcerated for nonpayment of a fine , fee, or restitution. 10 * Sec. 2. AS 12.55.051(d) is amended to read: 11 (d) The state may enforce payment of a fine or fee and the restitution recipient 12 may enforce payment of a restitution order against a defendant under AS 09.35 as if 13 the order were a civil judgment enforceable by execution. This subsection does not 14 limit the authority of the court to enforce fines or fees and orders of restitution to 15 victims. 16 * Sec. 3. AS 12.55.100(a) is amended to read: 17 (a) While on probation and among the conditions of probation, the defendant 18 may be required 19 (1) to pay a fine in one or several sums; 20 (2) to make restitution or reparation to aggrieved parties for actual 21 damages or loss caused by the crime for which conviction was had; 22 (3) to provide for the support of any persons for whose support the 23 defendant is legally responsible; 24 (4) to perform community work in accordance with AS 12.55.055; 25 (5) to participate in or comply with the treatment plan of an inpatient 26 or outpatient rehabilitation program specified by either the court or the defendant's 27 probation officer that is related to the defendant's offense or to the defendant's 28 rehabilitation; [AND] 29 (6) to satisfy the screening, evaluation, referral, and program 30 requirements of an agency authorized by the court to make referrals for rehabilitative 31 treatment or to provide rehabilitative treatment ; and
01 (7) to pay a periodic probation fee as provided in AS 12.55.104 . 02 * Sec. 4. AS 12.55 is amended by adding a new section to read: 03 Sec. 12.55.104. Probation fee. (a) A court granting probation shall require 04 a periodic probation fee to be paid to the Department of Corrections as a condition of 05 probation. The fee amount shall be established by regulation by the Department of 06 Corrections but may not be less than $3.30 a day. 07 (b) A probationer shall assign the probationer's permanent fund dividend to 08 make probation fee payments under this section. The Department of Corrections shall 09 provide an assignment form to the probationer. The Department of Corrections shall 10 attach the permanent fund dividend of a probationer who is in arrears on the probation 11 fee and who has failed or refused to execute the assignment. If the permanent fund 12 dividend exceeds the total of the probation fee payments owed by the probationer, the 13 Department of Corrections shall refund the difference to the probationer. 14 * Sec. 5. AS 33.16.150(a) is amended to read: 15 (a) As a condition of parole, a prisoner released on special medical, 16 discretionary, or mandatory parole 17 (1) shall obey all state, federal, or local laws or ordinances, and any 18 court orders applicable to the parolee; 19 (2) shall make diligent efforts to maintain steady employment or meet 20 family obligations; 21 (3) shall, if involved in education, counseling, training, or treatment, 22 continue in the program unless granted permission from the parole officer assigned to 23 the parolee to discontinue the program; 24 (4) shall report 25 (A) upon release to the parole officer assigned to the parolee; 26 (B) at other times, and in the manner, prescribed by the board 27 or the parole officer assigned to the parolee; 28 (5) shall reside at a stated place and not change that residence without 29 notifying, and receiving permission from, the parole officer assigned to the parolee; 30 (6) shall remain within stated geographic limits unless written 31 permission to depart from the stated limits is granted the parolee;
01 (7) may not use, possess, handle, purchase, give, distribute, or 02 administer a controlled substance as defined in AS 11.71.900 or under federal law or 03 a drug for which a prescription is required under state or federal law without a 04 prescription from a licensed medical professional to the parolee; 05 (8) may not possess or control a firearm; in this paragraph, "firearm" 06 has the meaning given in AS 11.81.900; 07 (9) may not enter into an agreement or other arrangement with a law 08 enforcement agency or officer that will place the parolee in the position of violating 09 a law or parole condition without the prior approval of the board; 10 (10) may not contact or correspond with anyone confined in a 11 correctional facility of any type serving any term of imprisonment or a felon without 12 the permission of the parole officer assigned to the [A] parolee; 13 (11) shall agree to waive extradition from any state or territory of the 14 United States and to not contest efforts to return the parolee to the state ; 15 (12) shall pay a periodic parole fee as provided in AS 33.16.155 . 16 * Sec. 6. AS 33.16 is amended by adding a new section to read: 17 Sec. 33.16.155. Parole fee. (a) The board shall require a periodic parole fee 18 to be paid to the department as a condition of special medical, discretionary, or 19 mandatory parole. The fee amount shall be established by regulation by the 20 department but may not be less than $3.30 a day. 21 (b) A parolee shall assign the parolee's permanent fund dividend to make 22 parole fee payments under this section. The department shall provide an assignment 23 form to the parolee. The department shall attach the permanent fund dividend of a 24 parolee who is in arrears on the parole fee and who has failed or refused to make the 25 assignment. If the permanent fund dividend exceeds the total of the parole fee 26 payments owed by a parolee, the department shall refund the difference to the parolee. 27 * Sec. 7. AS 33.16.220 is amended by adding a new subsection to read: 28 (j) The board shall revoke the parole of a parolee who defaults in the payment 29 of the parole fee imposed under AS 33.16.155 or any installment unless the parolee 30 shows by a preponderance of the evidence that the parolee was unable to pay despite 31 having made continuing good faith efforts to pay the fee. If the board finds that the
01 parolee was unable to pay despite having made continuing good faith efforts, the 02 parole may not be revoked solely because of the inability to pay. If the board does 03 not find that the default was attributable to the parolee's inability to pay despite having 04 made continuing good faith efforts to pay the fee, the board shall revoke the parole. 05 * Sec. 8. AS 43.23.005(d) is amended to read: 06 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 07 not eligible for a permanent fund dividend for a dividend year when 08 (1) during the calendar year immediately preceding that dividend year , 09 the individual was sentenced as a result of conviction in this state of a felony; 10 (2) during all or part of either of the two calendar years [YEAR] 11 immediately preceding that dividend year, the individual was incarcerated as a result 12 of the conviction in this state of a 13 (A) felony; or 14 (B) misdemeanor if the individual has been convicted of two or 15 more prior crimes as defined in AS 11.81.900. 16 * Sec. 9. AS 43.23.028(b) is amended to read: 17 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 18 total amount that would have been paid during the previous fiscal year to individuals 19 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 20 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 21 from the dividend fund to the 22 (1) crime victim compensation fund established under AS 18.67.162 for 23 payments to crime victims; 24 (2) council on domestic violence and sexual assault established under 25 AS 18.66.010 for grants for the operation of domestic violence and sexual assault 26 programs; [OR] 27 (3) Department of Corrections for incarceration and probation 28 programs ; or 29 (4) office of victims' rights . 30 * Sec. 10. AS 43.23.065(b) is amended to read: 31 (b) An exemption is not available under this section for permanent fund
01 dividends taken to satisfy 02 (1) child support obligations required by court order or decision of the 03 child support enforcement agency under AS 25.27.140 - 25.27.220; 04 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 05 or AS 47.12.120(b)(4); 06 (3) claims on defaulted scholarship loans under AS 43.23.067; 07 (4) court ordered fines; 08 (5) writs of execution under AS 09.35 of a judgment that is entered 09 (A) against a minor in a civil action to recover damages and 10 court costs; 11 (B) under AS 34.50.020 against the parent, parents, or legal 12 guardian of an unemancipated minor; 13 (6) a debt , other than for a fee under (8) of this subsection, owed 14 by an eligible individual to an agency of the state, unless the debt is contested and an 15 appeal is pending, or the time limit for filing an appeal has not expired; 16 (7) a debt owed to a person for a program for the rehabilitation of 17 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 18 AS 25.20.061(3), or AS 33.16.150(f)(2) ; 19 (8) probation fee ordered by a court under AS 12.55.104 or a 20 parole fee required by the Board of Parole under AS 33.16.155 . 21 * Sec. 11. AS 44.28 is amended by adding a new section to read: 22 Sec. 44.28.040. Contract for collection of probation and parole fees. The 23 Department of Corrections shall contract with a collection agency or other person for 24 the administration and collection of probation fees imposed under AS 12.55.104 and 25 parole fees imposed under AS 33.16.155. 26 * Sec. 12. Section 9 of this Act takes effect only if a version of SB 219 passes the 27 Twentieth Alaska State Legislature and becomes law.