HCS CSSB 274(JUD): "An Act relating to fees for probation and parole; and relating to notice requirements relating to appropriations from the permanent fund dividend fund to the office of victims' rights."
00HOUSE CS FOR CS FOR SENATE BILL NO. 274(JUD) 01 "An Act relating to fees for probation and parole; and relating to notice 02 requirements relating to appropriations from the permanent fund dividend fund 03 to the office of victims' rights." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.55.051(a) is amended to read: 06 (a) If the defendant defaults in the payment of a fine or any installment , of a 07 probation fee or any installment, or of restitution or any installment, the court may 08 order the defendant to show cause why the defendant should not be sentenced to 09 imprisonment for nonpayment and, if the payment was made a condition of the 10 defendant's probation, may revoke the probation of the defendant. In a contempt or 11 probation revocation proceeding brought as a result of failure to pay a fine , fee, or 12 restitution, it is an affirmative defense that the defendant was unable to pay despite 13 having made continuing good faith efforts to pay the fine , fee, or restitution. If the 14 court finds that the defendant was unable to pay despite having made continuing good
01 faith efforts, the defendant may not be imprisoned solely because of the inability to 02 pay. If the court does not find that the default was attributable to the defendant's 03 inability to pay despite having made continuing good faith efforts to pay the fine , fee, 04 or restitution, the court may order the defendant imprisoned until the order of the court 05 is satisfied. A term of imprisonment imposed under this section may not exceed one 06 day for each $50 of the unpaid portion of the fine , fee, or restitution or one year, 07 whichever is shorter. Credit shall be given toward satisfaction of the order of the court 08 for every day a person is incarcerated for nonpayment of a fine , fee, or restitution. 09 * Sec. 2. AS 12.55.051(d) is amended to read: 10 (d) The state may enforce payment of a fine or fee and the restitution recipient 11 may enforce payment of a restitution order against a defendant under AS 09.35 as if 12 the order were a civil judgment enforceable by execution. This subsection does not 13 limit the authority of the court to enforce fines or fees and orders of restitution to 14 victims. 15 * Sec. 3. AS 12.55.100(a) is amended to read: 16 (a) While on probation and among the conditions of probation, the defendant 17 may be required 18 (1) to pay a fine in one or several sums; 19 (2) to make restitution or reparation to aggrieved parties for actual 20 damages or loss caused by the crime for which conviction was had; 21 (3) to provide for the support of any persons for whose support the 22 defendant is legally responsible; 23 (4) to perform community work in accordance with AS 12.55.055; 24 (5) to participate in or comply with the treatment plan of an inpatient 25 or outpatient rehabilitation program specified by either the court or the defendant's 26 probation officer that is related to the defendant's offense or to the defendant's 27 rehabilitation; [AND] 28 (6) to satisfy the screening, evaluation, referral, and program 29 requirements of an agency authorized by the court to make referrals for rehabilitative 30 treatment or to provide rehabilitative treatment ; and 31 (7) to pay a periodic probation fee as provided in AS 12.55.104 .
01 * Sec. 4. AS 12.55 is amended by adding a new section to read: 02 Sec. 12.55.104. Probation fee. (a) A court granting probation, as defined in 03 AS 33.05.080, shall require a periodic probation fee to be paid to the Department of 04 Corrections as a condition of probation based on ability to pay. The fee amount shall 05 be established by regulation by the Department of Corrections but may not be less than 06 $1.50 a day if a probation fee is assessed. 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 based on ability to pay. The fee amount shall be established by 20 regulation by the department but may not be less than $1.50 a day if a parole fee is 21 assessed. 22 (b) A parolee shall assign the parolee's permanent fund dividend to make 23 parole fee payments under this section. The department shall provide an assignment 24 form to the parolee. The department shall attach the permanent fund dividend of a 25 parolee who is in arrears on the parole fee and who has failed or refused to make the 26 assignment. If the permanent fund dividend exceeds the total of the parole fee 27 payments owed by a parolee, the department shall refund the difference to the parolee. 28 * Sec. 7. AS 33.16.220 is amended by adding a new subsection to read: 29 (j) The board shall revoke the parole of a parolee who defaults in the payment 30 of the parole fee imposed under AS 33.16.155 or any installment unless the parolee 31 shows by a preponderance of the evidence that the parolee was unable to pay despite
01 having made continuing good faith efforts to pay the fee. If the board finds that the 02 parolee was unable to pay despite having made continuing good faith efforts, the 03 parole may not be revoked solely because of the inability to pay. If the board does 04 not find that the default was attributable to the parolee's inability to pay despite having 05 made continuing good faith efforts to pay the fee, the board shall revoke the parole. 06 * Sec. 8. AS 43.23.028(b) is amended to read: 07 (b) To the extent that amounts appropriated for a fiscal year do not exceed the 08 total amount that would have been paid during the previous fiscal year to individuals 09 who were ineligible to receive dividends under AS 43.23.005(d) if they had been 10 eligible, the notice requirements of (a)(3) of this section do not apply to appropriations 11 from the dividend fund to the 12 (1) crime victim compensation fund established under AS 18.67.162 for 13 payments to crime victims; 14 (2) council on domestic violence and sexual assault established under 15 AS 18.66.010 for grants for the operation of domestic violence and sexual assault 16 programs; [OR] 17 (3) Department of Corrections for incarceration and probation 18 programs ; or 19 (4) office of victims' rights . 20 * Sec. 9. AS 43.23.065(b) is amended to read: 21 (b) An exemption is not available under this section for permanent fund 22 dividends taken to satisfy 23 (1) child support obligations required by court order or decision of the 24 child support enforcement agency under AS 25.27.140 - 25.27.220; 25 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 26 or AS 47.12.120(b)(4); 27 (3) claims on defaulted scholarship loans under AS 43.23.067; 28 (4) court ordered fines; 29 (5) writs of execution under AS 09.35 of a judgment that is entered 30 (A) against a minor in a civil action to recover damages and 31 court costs;
01 (B) under AS 34.50.020 against the parent, parents, or legal 02 guardian of an unemancipated minor; 03 (6) a debt , other than for a fee under (8) of this subsection, owed 04 by an eligible individual to an agency of the state, unless the debt is contested and an 05 appeal is pending, or the time limit for filing an appeal has not expired; 06 (7) a debt owed to a person for a program for the rehabilitation of 07 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 08 AS 25.20.061(3), or AS 33.16.150(f)(2) ; 09 (8) probation fee ordered by a court under AS 12.55.104 or a 10 parole fee required by the Board of Parole under AS 33.16.155 . 11 * Sec. 10. AS 44.28 is amended by adding a new section to read: 12 Sec. 44.28.040. Contract for collection of probation and parole fees. The 13 Department of Corrections shall contract with a collection agency or other person for 14 the administration and collection of probation fees imposed under AS 12.55.104 and 15 parole fees imposed under AS 33.16.155. 16 * Sec. 11. Section 8 of this Act takes effect only if a version of SB 219 passes the 17 Twentieth Alaska State Legislature and becomes law.