00CS FOR HOUSE BILL NO. 372(FIN)                                                                                        
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 is amended by adding a new section to read:                                                 
04  Sec. 12.55.011.  Victim and community involvement in sentencing.  A court,                                        
05 when considering and imposing sentence under this chapter for an offense other than                                     
06 a violation of AS 11.41, AS 11.46.400, or a crime involving domestic violence, may                                      
07 permit the victim and the offender to submit a sentence for the court's review based                                    
08 upon a negotiated agreement between the victim and the offender, or between the                                         
09 offender and the community if there is no victim.  The court may, with the consent of                                   
10 the victim and the offender, impose the sentence that has been determined by the                                        
11 negotiated agreement between the offender and the victim, or between the offender and                                   
12 the community if there is no victim, if that sentence otherwise complies with this                                      
13 chapter and accomplishes the goals of restoration of the victim and the community and                                   
14 rehabilitation of the offender.  Before accepting a negotiated agreement, the court shall                               

01 determine that the victim has not been intimidated or coerced in reaching the                                           
02 agreement.  In this section, "community" has the meaning determined by the court.                                       
03    * Sec. 2.  AS 12.55.045 is amended by adding a new subsection to read:                                             
04  (h)  In imposing restitution under this section, the court may require the                                            
05 defendant to make restitution by means other than the payment of money if the                                           
06 restitution has been determined under a negotiated agreement for a sentence under                                       
07 AS 12.55.011.                                                                                                           
08    * Sec. 3.  AS 12.55.155(d) is amended by adding a new paragraph to read:                                           
09   (18)  the defendant and the victim, or the defendant and the community                                               
10 if there is no victim, have negotiated an agreement for a sentence under AS 12.55.011.