00HOUSE CS FOR CS FOR SENATE BILL NO. 100(JUD)                                                                          
01 "An Act relating to services of representation for indigent persons and to the                                          
02 payment by indigent persons for legal services and related costs."                                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 18.85.100(a) is amended to read:                                                                  
05  (a)  An indigent person who is under formal charge of having committed a                                              
06 serious crime and the crime has been the subject of an initial appearance or subsequent                                 
07 proceeding, or is being detained under a conviction of a serious crime, or is on                                        
08 probation or parole, or is entitled to representation under the  Alaska  [SUPREME                                     
09 COURT] Delinquency or Child in Need of Aid Rules, or is detained under an order                                         
10 issued under AS 18.15.120 - 18.15.149, or against whom commitment proceedings for                                       
11 mental illness have been initiated, is entitled (1) to be represented, in connection with                               
12 the crime or proceeding,  at the level and to the extent required under the United                                     
13 States Constitution and the Constitution of the State of Alaska  [BY AN                                                
14 ATTORNEY TO THE SAME EXTENT AS A PERSON RETAINING AN                                                                    

01 ATTORNEY IS ENTITLED;] and (2) to be provided with the necessary services and                                           
02 facilities of this representation, including investigation and other preparation , at the                              
03 level and to the extent required under the United States Constitution and the                                           
04 Constitution of the State of Alaska .                                                                                  
05    * Sec. 2.  AS 18.85.120(c) is amended to read:                                                                     
06  (c)  The  [UPON THE PERSON'S CONVICTION, THE] court may enter a                                                     
07 judgment that a person for whom counsel is appointed pay for services of                                                
08 representation and court costs  in a criminal proceeding or in a proceeding under the                                  
09 Alaska Delinquency Rules .  [ENFORCEMENT OF A JUDGMENT UNDER THIS                                                      
10 SUBSECTION MAY BE STAYED BY THE TRIAL COURT OR THE APPELLATE                                                            
11 COURT DURING THE PENDENCY OF AN APPEAL OF THE PERSON'S                                                                  
12 CONVICTION.]  Upon a showing of financial hardship, the court (1) shall allow a                                         
13 person subject to a judgment entered under this subsection to make payments under                                       
14 a payment schedule;  and  (2) shall allow a person subject to a judgment entered under                                
15 this subsection to petition the court at any time for remission, reduction, or deferral of                              
16  only  the unpaid portion of the judgment [; AND (3) MAY REMIT OR REDUCE THE                                          
17 BALANCE OWING ON THE JUDGMENT OR CHANGE THE METHOD OF                                                                   
18 PAYMENT IF THE PAYMENT WOULD IMPOSE MANIFEST HARDSHIP ON                                                                
19 THE PERSON OR THE PERSON'S IMMEDIATE FAMILY].  Payments made under                                                      
20 this subsection shall be paid into the state general fund.                                                              
21    * Sec. 3.  AS 18.85.120 is amended by adding a new subsection to read:                                             
22  (e)  Judgments entered under (c) of this section shall be imposed in accordance                                       
23 with rules adopted by the supreme court, in consultation with the Public Defender                                       
24 Agency and the office of public advocacy, that establish schedules setting the costs for                                
25 the services of representation and court costs for trial and appellate courts.  The                                     
26 schedules shall be reviewed at least biennially and, when appropriate, adjusted to                                      
27 reflect changes in the costs for services of representation and court costs.  A trial court                             
28 schedule must include provisions to impose additional costs in cases where paid expert                                  
29 witnesses are called on behalf of the defendant.                                                                        
30    * Sec. 4.  AS 47.12.120(e) is amended to read:                                                                     
31  (e)  Except to the extent that court costs are actually paid by a person                                             

01 against whom a judgment for court costs has been entered under AS 12.85.120,                                            
02 the  [THE] department shall pay all court costs incurred in all proceedings in                                         
03 connection with the adjudication of delinquency under this chapter, including hearings                                  
04 that result in the release of the minor.