SCS CSHB 297(JUD): "An Act relating to restitution and to aggravating factors at sentencing."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 297(JUD) 01 "An Act relating to restitution and to aggravating factors at sentencing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.045(l) is amended to read: 04 (l) An order by the court that the defendant pay restitution is a civil judgment 05 for the amount of the restitution. An order by the court that the defendant pay 06 restitution when the court suspends imposition of sentence under AS 12.55.085 is 07 a civil judgment for the amount of the restitution and remains enforceable and is 08 not discharged when a conviction is set aside under AS 12.55.085. The victim or 09 the state on behalf of the victim may enforce the judgment through any procedure 10 authorized by law for the enforcement of a civil judgment. If the victim enforces or 11 collects restitution through civil process, collection costs and full reasonable attorney 12 fees shall be awarded. If the state on the victim's behalf enforces or collects restitution 13 through civil process, collection costs and full reasonable attorney fees shall be 14 awarded, up to a maximum of twice the amount of restitution owing at the time the 15 civil process was initiated. This section does not limit the authority of the court to
01 enforce orders of restitution. 02 * Sec. 2. AS 12.55.155(c) is amended by adding a new paragraph to read: 03 (30) the defendant is convicted of an offense specified in AS 11.41.410 04 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 05 the victim in furtherance of the offense with the intent to make the victim 06 incapacitated; in this paragraph, "incapacitated" has the meaning given in 07 AS 11.41.470; 08 * Sec. 3. AS 47.12.120(b)(4) is amended to read: 09 (4) order the minor and the minor's parent to make suitable restitution 10 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 11 under this paragraph, 12 (A) except as provided in (B) of this paragraph, the court may 13 not refuse to make an order of restitution to benefit the victim of the act of the 14 minor that is the basis of the delinquency adjudication; under this 15 subparagraph, the court may require the minor to use the services of a 16 community dispute resolution center that has been recognized by the 17 commissioner under AS 47.12.450(b) to resolve any dispute between the minor 18 and the victim of the minor's offense as to the amount of or manner of payment 19 of the restitution; [AND] 20 (B) the court may not order payment of restitution by the parent 21 of a minor who is a runaway or missing minor for an act of the minor that was 22 committed by the minor after the parent has made a report to a law 23 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 24 away or is missing; for purposes of this subparagraph, "runaway or missing 25 minor" means a minor who a parent reasonably believes is absent from the 26 minor's residence for the purpose of evading the parent or who is otherwise 27 missing from the minor's usual place of abode without the consent of the 28 parent; and 29 (C) at the request of the department, the Department of 30 Law, the victims' advocate, or on its own motion, the court shall, at any 31 time, order the minor and the minor's parent, if applicable, to submit
01 financial information on a form approved by the Alaska Court System to 02 the court, the department, and the Department of Law for the purpose of 03 establishing the amount of restitution or enforcing an order of restitution 04 under AS 47.12.170; the form must include a warning that submission of 05 incomplete or inaccurate information is punishable as unsworn 06 falsification under AS 11.56.210; 07 * Sec. 4. AS 47.12.170(a) is amended to read: 08 (a) An order by the court under AS 47.12.120 that a minor or the minor's 09 parent pay restitution is a civil judgment that remains enforceable after the 10 expiration of the court's jurisdiction over the minor under AS 47.12.160. A 11 [PERSON WHO IS A] recipient of a restitution order [INVOLVING A MINOR 12 FOUND DELINQUENT UNDER AS 47.12.120], or the state on behalf of the 13 restitution recipient, may enforce a restitution [AN] order [FOR RESTITUTION 14 UNDER AS 47.12.120] against the minor and the minor's parent by any procedure 15 authorized by law for enforcement of [UNDER AS 09.35 AS IF THE ORDER 16 WERE] a civil judgment [ENFORCEABLE BY EXECUTION]. If the restitution 17 recipient enforces or collects restitution through civil process, collection costs and full 18 reasonable attorney fees shall be awarded. If the state on the restitution recipient's 19 behalf enforces or collects restitution through civil process, collection costs and full 20 reasonable attorney fees shall be awarded, up to a maximum of twice the amount of 21 restitution owing at the time the civil process was initiated. This section does not limit 22 the authority of the court to otherwise enforce orders of payment for restitution. An 23 order of restitution enforced under this section does not limit under other law the civil 24 liability of the minor or the minor's parent as a result of the delinquent conduct. 25 * Sec. 5. AS 47.12.170(c) is amended to read: 26 (c) The court shall forward a copy of the [AN ORDER OF] restitution order 27 to the department when the order [JUDGMENT] is entered. [ALONG WITH THE 28 COPY OF THE ORDER, THE COURT SHALL PROVIDE THE NAME, DATE OF 29 BIRTH, SOCIAL SECURITY NUMBER, AND CURRENT ADDRESS OF THE 30 RECIPIENT OF THE RESTITUTION, THE MINOR, AND THE MINOR'S 31 PARENT, TO THE EXTENT THAT THE COURT HAS THAT INFORMATION IN
01 ITS POSSESSION.] Upon receipt of the order [AND OTHER INFORMATION 02 FROM THE COURT], the department shall send a notice to the recipient regarding 03 the recipient's rights under this section, including the right to elect to enforce the order 04 of restitution without the assistance of the Department of Law. When 30 days have 05 passed since the recipient received the notice, or when the department receives the 06 recipient's response to the notice, whichever is earlier, the department shall send to the 07 Department of Law a copy of the order of restitution; the name, date of birth, social 08 security number, and current address of the recipient, the minor, and the minor's 09 parent; the notice sent to the recipient under this subsection; and the recipient's 10 response, if any. If a response from the recipient reaches the department after the 11 department has sent the order of restitution and other information to the Department of 12 Law under this subsection, the department shall immediately send the response to the 13 Department of Law. The information provided to the Department of Law under this 14 subsection is confidential and is not open to inspection as a public record under 15 AS 40.25.110. The Department of Law or its agents may not disclose the information 16 except as necessary to collect on the restitution. 17 * Sec. 6. AS 47.12.130(c) is repealed.