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HCS CSSB 105(JUD) Detail
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HCS CSSB 105(JUD): "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to the crime victim's choice to appear or testify in a criminal case; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; relating to restitution for criminal and delinquency acts; authorizing the state to collect restitution on behalf of victims of crime and delinquent acts and the release of certain information related to that collection; relating to the forfeiture of certain cash and other security for payment of other restitution; relating to access by the Violent Crimes Compensation Board to certain records regarding delinquency acts to award compensation to victims; relating to immunity for damages related to certain collections of restitution; amending Rule 82, Alaska Rules of Civil Procedure, Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rules 402 and 501, Alaska Rules of Evidence; and providing for an effective date."

00 HOUSE CS FOR CS FOR SENATE BILL NO. 105(JUD) 01 "An Act relating to victims' rights; relating to establishing an office of victims' rights; 02 relating to the crime victim's choice to appear or testify in a criminal case; relating to 03 compensation of victims of violent crimes; relating to eligibility for a permanent fund 04 dividend for persons convicted of and incarcerated for certain offenses; relating to 05 notice of appropriations concerning victims' rights; relating to restitution for criminal 06 and delinquency acts; authorizing the state to collect restitution on behalf of victims of 07 crime and delinquent acts and the release of certain information related to that 08 collection; relating to the forfeiture of certain cash and other security for payment of 09 other restitution; relating to access by the Violent Crimes Compensation Board to 10 certain records regarding delinquency acts to award compensation to victims; relating 11 to immunity for damages related to certain collections of restitution; amending Rule 82, 12 Alaska Rules of Civil Procedure, Rule 16, Alaska Rules of Criminal Procedure, Rule 9, 13 Alaska Delinquency Rules, and Rules 402 and 501, Alaska Rules of Evidence; and

01 providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Crime Victims' Rights and Advocacy 06 Act of 2001. 07 * Sec. 2. AS 09.35.010 is amended to read: 08 Sec. 09.35.010. Judgments enforceable by execution. A writ of execution 09 may be issued in favor of 10 (1) a [THE] party in whose favor a judgment is given that requires the 11 payment of money or the delivery of real or personal property or either of them; 12 (2) the state on behalf of a victim of a crime or a delinquent act in 13 whose favor a judgment of restitution is ordered [MAY HAVE A WRIT OF 14 EXECUTION ISSUED FOR ITS ENFORCEMENT]. 15 * Sec. 3. AS 09.38.030(f) is amended to read: 16 (f) The state may execute on a judgment awarded to the state or on a 17 judgment of restitution on behalf of a victim of a crime or a delinquent act, and 18 an officer or agent of the state or a state employee, or a former officer, agent, or 19 employee of the state may execute on a judgment to that person against a party to an 20 action who is incarcerated for a criminal conviction by sending a notice of levy to the 21 correctional facility in which the person is incarcerated. All money in an incarcerated 22 person's account at a correctional facility is available for disbursement under a notice 23 of levy under this subsection, in the following order of priority: 24 (1) to support the dependents of the incarcerated person and to provide 25 child support payments as required by AS 25.27; 26 (2) to satisfy restitution or fines ordered by a [SENTENCING] court to 27 be paid by the incarcerated person; 28 (3) to pay a civil judgment entered against the incarcerated person as a 29 result of that person's criminal conduct;

01 (4) to reimburse the state for an award made for violent crimes 02 compensation under AS 18.67 as a result of the incarcerated person's criminal 03 conduct; 04 (5) to satisfy other judgments entered against a prisoner in litigation 05 against the state; in this paragraph, "litigation against the state" has the meaning given 06 in AS 09.19.100. 07 * Sec. 4. AS 09.38.065(a) is amended to read: 08 (a) Notwithstanding other provisions of this chapter, 09 (1) a creditor may make a levy against exempt property of any kind to 10 enforce a claim for 11 (A) child support; 12 (B) unpaid earnings of up to one month's compensation or the 13 full-time equivalent of one month's compensation for personal services of an 14 employee; or 15 (C) state or local taxes; 16 (2) a creditor may make a levy against exempt property to enforce a 17 claim for 18 (A) the purchase price of the property or a loan made for the 19 express purpose of enabling an individual to purchase the property and used 20 for that purpose; 21 (B) labor or materials furnished to make, repair, improve, 22 preserve, store, or transport the property; and 23 (C) a special assessment imposed to defray costs of a public 24 improvement benefiting the property; and 25 (3) a creditor may make a levy against exempt property of any kind to 26 enforce the claim of a [CRIME] victim, including a judgment of restitution on 27 behalf of a victim of a crime or a delinquent act, if the claim arises from 28 [CRIMINAL] conduct of the debtor that results in a [FELONY] conviction of a crime 29 or an adjudication of delinquency, except that the debtor is entitled to an exemption 30 in property 31 (A) not to exceed an aggregate value of $3,000 chosen by the

01 debtor from the following categories of property: 02 (i) household goods and wearing apparel reasonably 03 necessary for one household; 04 (ii) books and musical instruments, if reasonably held 05 for the personal use of the debtor or a dependent of the debtor; and 06 (iii) family portraits and heirlooms of particular 07 sentimental value to the debtor; and 08 (B) not to exceed an aggregate value of $2,800 of the debtor's 09 implements, professional books, and tools of the trade. 10 * Sec. 5. AS 09.38.500 is amended by adding new paragraphs to read: 11 (16) "creditor" includes the state on behalf of a victim of a crime or a 12 delinquent act; 13 (17) "judgment of restitution" 14 (A) includes restitution ordered 15 (i) under AS 47.12.120 that is considered as a civil 16 judgment enforceable by execution under AS 47.12.170; and 17 (ii) as part of a sentence under AS 12.55.025(f) that is 18 considered as a judgment for money entered in a civil action; 19 (B) does not include a judgment for 20 (i) civil damages for torts under state law; or 21 (ii) restitution as a result of a violation of state law that 22 is not a felony or misdemeanor; 23 (18) "victim" has the meaning given in AS 12.55.185; 24 (19) "victim of a crime or a delinquent act" means a victim of a crime 25 or a delinquent act committed in violation of state law; "victim of a crime or a 26 delinquent act" does not include a victim of a violator of an ordinance of a political 27 subdivision of the state. 28 * Sec. 6. AS 12.30 is amended by adding a new section to read: 29 Sec. 12.30.075. Forfeited cash and other securities. Cash or other security 30 posted as bail or as security under AS 12.30.020 for an appearance bond or a 31 performance bond that has been forfeited by a court for a failure to appear or for

01 violation of conditions of release shall be held by the court in trust for the benefit of 02 the victim if, within 30 days after the forfeiture, the prosecuting authority gives notice 03 that restitution may be requested as part of the sentence if the defendant is convicted. 04 If the cash or other security is not returned to the defendant or other person under the 05 provisions of this chapter or under court rules, the court shall apply the cash or other 06 security to an order that the defendant pay restitution to the victim under AS 12.55. If 07 the cash or other security is applied to an order of restitution, a separate judgment in 08 favor of the state in that amount shall be entered, and the defendant shall be ordered to 09 pay that separate judgment. If the court does not enter an order or judgment of 10 restitution, the cash or other security forfeited under this section shall be disposed of 11 as otherwise provided by law or court rule. 12 * Sec. 7. AS 12.55.023(b) is amended to read: 13 (b) A victim may submit to the sentencing court a written statement that the 14 victim believes is relevant to the sentencing decision [,] and may give sworn testimony 15 or make an unsworn oral presentation to the court at the sentencing hearing. If there 16 are numerous victims, the court may reasonably limit the number of victims who may 17 give sworn testimony or make an unsworn oral presentation during the hearing. 18 When requested by the victim of a felony or a class A misdemeanor, if the class A 19 misdemeanor is a crime involving domestic violence or a crime against a person 20 under AS 11.41, when the victim does not submit a statement, give testimony, or 21 make an oral presentation, the victims' advocate may submit a written statement 22 or make an unsworn oral presentation at the sentencing hearing on behalf of the 23 victim. 24 * Sec. 8. AS 12.55.023(b) is amended to read: 25 (b) A victim may submit to the sentencing court a written statement that the 26 victim believes is relevant to the sentencing decision and may give sworn testimony or 27 make an unsworn oral presentation to the court at the sentencing hearing. If there are 28 numerous victims, the court may reasonably limit the number of victims who may 29 give sworn testimony or make an unsworn oral presentation during the hearing. 30 [WHEN REQUESTED BY THE VICTIM OF A FELONY OR A CLASS A 31 MISDEMEANOR, IF THE CLASS A MISDEMEANOR IS A CRIME INVOLVING

01 DOMESTIC VIOLENCE OR A CRIME AGAINST A PERSON UNDER AS 11.41, 02 WHEN THE VICTIM DOES NOT SUBMIT A STATEMENT, GIVE TESTIMONY, 03 OR MAKE AN ORAL PRESENTATION, THE VICTIMS' ADVOCATE MAY 04 SUBMIT A WRITTEN STATEMENT OR MAKE AN UNSWORN ORAL 05 PRESENTATION AT THE SENTENCING HEARING ON BEHALF OF THE 06 VICTIM.] 07 * Sec. 9. AS 12.55.045(c) is amended to read: 08 (c) If a defendant is sentenced to pay restitution, the court may grant 09 permission for the payment to be made within a specified period of time or in 10 specified installments. If the defendant fails to make one or more payments 11 required under this section, the victim or the state on the victim's behalf may 12 enforce the total amount remaining under the order of restitution as provided in 13 (l) of this section. 14 * Sec. 10. AS 12.55.045 is amended by adding new subsections to read: 15 (j) A defendant who is convicted of an offense for which restitution is ordered 16 shall submit financial information as ordered by the court. The Alaska Court System 17 shall prepare a form, in consultation with the Department of Law, for the submission 18 of the information; the form must include a warning that submission of incomplete or 19 inaccurate information is punishable as unsworn falsification under AS 11.56.210. 20 The defendant shall file the form with the court within 30 days after conviction of a 21 felony and within five days after conviction of a misdemeanor. The defendant shall 22 provide a copy of the completed form to the prosecuting authority. 23 (k) The court, on its own motion or at the request of the prosecuting authority 24 or probation officer, may order a defendant on probation who has been ordered to pay 25 restitution to submit financial information to the court using the form specified in (j) 26 of this section. The defendant shall file the completed form with the court within five 27 days after the court's order. The defendant shall provide a copy of the completed form 28 to the prosecuting authority and the person's probation officer, if any. 29 (l) An order by the court that the defendant pay restitution is a civil judgment 30 for the amount of the restitution. The victim or the state on behalf of the victim may 31 enforce the judgment through any procedure authorized by law for the enforcement of

01 a civil judgment. If the victim or the state on the victim's behalf enforces or collects 02 restitution through civil process, collection costs and full reasonable attorney fees shall 03 be awarded. This section does not limit the authority of the court to enforce orders of 04 restitution. 05 (m) In this section, "conviction" means that the defendant has entered a plea of 06 guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty 07 but mentally ill by a court or jury. 08 * Sec. 11. AS 12.55.051(d) is amended to read: 09 (d) The state may enforce payment of a fine [AND THE RESTITUTION 10 RECIPIENT MAY ENFORCE PAYMENT OF A RESTITUTION ORDER] against a 11 defendant under AS 09.35 as if the order were a civil judgment enforceable by 12 execution. This subsection does not limit the authority of the court to enforce fines 13 [AND ORDERS OF RESTITUTION TO VICTIMS]. 14 * Sec. 12. AS 12.55.051 is amended by adding new subsections to read: 15 (e) The Department of Law is authorized to collect restitution on behalf of the 16 recipient unless 17 (1) the recipient elects as provided in (f) of this section to enforce the 18 order of restitution without the assistance of the Department of Law; or 19 (2) the order requires restitution to be made in a form other than 20 payment of a specific dollar amount. 21 (f) The court shall forward a copy of an order of restitution to the Department 22 of Law when the judgment is entered. Along with the copy of the order, the court 23 shall provide the name, date of birth, social security number, and current address of 24 the recipient of the restitution and the defendant, to the extent that the court has that 25 information in its possession. Upon receipt of the order and other information from 26 the court, the Department of Law shall send a notice to the recipient regarding the 27 recipient's rights under this section, including the right to elect to enforce the order of 28 restitution without the assistance of the Department of Law. The information provided 29 to the Department of Law under this subsection is confidential and is not open to 30 inspection as a public record under AS 40.25.110. The Department of Law or its 31 agents may not disclose the information except as necessary to collect on the

01 restitution. 02 (g) The Department of Law may not begin collection procedures on the order 03 of restitution until the recipient has been given notice and has been given 30 days after 04 receipt of notice to elect to collect the restitution without the assistance of the 05 Department of Law. A recipient may inform the Department of Law at a later time of 06 the recipient's election to collect the restitution without the assistance of the 07 Department of Law; upon receipt of that information, the Department of Law may no 08 longer proceed with collection efforts on behalf of the recipient. A recipient who has 09 elected under this section to collect restitution without the assistance of the 10 Department of Law may not later request the services of that department to collect the 11 restitution. 12 (h) If the Department of Law or its agents proceed to collect restitution on 13 behalf of a recipient under (g) of this section, the actions of the Department of Law or 14 an agent of the Department of Law on behalf of the recipient do not create an attorney- 15 client relationship between the Department of Law and the recipient. The Department 16 of Law or its agents may not settle a judgment for restitution without the consent of 17 the recipient of the restitution. 18 (i) An action for damages may not be brought against the state or any of its 19 agents, officers, or employees based on an action or omission under this section. 20 (j) The Department of Law may enter into contracts on behalf of the state to 21 carry out the collection procedures of this section. The Department of Law may adopt 22 regulations necessary to carry out the collection procedures of this section, including 23 the reimbursement of attorney fees and costs in appropriate cases. 24 * Sec. 13. AS 12.55 is amended by adding a new section to read: 25 Sec. 12.55.151. Court may not reduce or mitigate punishment based on 26 victim's failure to appear or testify. Notwithstanding another provision of law, 27 when sentencing a defendant, a court may not mitigate or reduce the punishment of the 28 defendant based on, or otherwise consider as a mitigating factor or reason to impose a 29 lesser punishment, the failure of the crime victim to appear or testify. 30 * Sec. 14. AS 18.67.130(c) is amended to read: 31 (c) Compensation may not be awarded under this chapter in an amount in

01 excess of $40,000 [$25,000] per victim per incident. However, in the case of the death 02 of 03 (1) a victim who has more than one dependent eligible for 04 compensation, the total compensation that may be awarded as a result of that death 05 may not exceed $80,000; the [$40,000. THE] board may prorate the total awarded 06 among those dependents according to relative need; or 07 (2) two or more victims in the same incident who jointly have a 08 dependent eligible for compensation, the total compensation that may be 09 awarded as a result of those deaths may not exceed $80,000. 10 * Sec. 15. AS 23.20.110(l) is amended to read: 11 (l) The department may provide information obtained under this chapter to an 12 agency of this state or to a person under contract with the state to 13 (1) verify the eligibility of an applicant for a public benefit or a 14 publicly financed payment; 15 (2) assist the state in the collection of fines, penalties, judgments of 16 restitution on behalf of victims of crimes or delinquent acts, or other payments 17 ordered by a court or an administrative agency; or 18 (3) collect money owed to the fund under this chapter. 19 * Sec. 16. AS 23.20.110 is amended by adding a new subsection to read: 20 (p) In this section, "judgment of restitution" has the meaning given in 21 AS 09.38.500. 22 * Sec. 17. AS 24.60.990(a)(9) is amended to read: 23 (9) "legislative director" means the director of the legislative finance 24 division, the legislative auditor, the director of the legislative research agency, the 25 ombudsman, the victims' advocate, the executive director of the Legislative Affairs 26 Agency, and the directors of the divisions within the Legislative Affairs Agency; 27 * Sec. 18. AS 24.60.990(a)(9) is amended to read: 28 (9) "legislative director" means the director of the legislative finance 29 division, the legislative auditor, the director of the legislative research agency, the 30 ombudsman, [THE VICTIMS' ADVOCATE,] the executive director of the Legislative 31 Affairs Agency, and the directors of the divisions within the Legislative Affairs

01 Agency; 02 * Sec. 19. AS 24 is amended by adding a new chapter to read: 03 Chapter 65. Office of Victims' Rights. 04 Sec. 24.65.010. Office of victims' rights. There is created in the legislative 05 branch of the state the office of victims' rights. The victims' advocate is the director of 06 the office of victims' rights. 07 Sec. 24.65.020. Appointment of the victims' advocate. (a) A candidate for 08 appointment as the victims' advocate shall be nominated by the victims' advocate 09 selection committee composed of three members of the senate appointed by the 10 president of the senate and three members of the house of representatives appointed by 11 the speaker of the house. One member of a minority party caucus in each house shall 12 be appointed to the selection committee. 13 (b) The victims' advocate selection committee shall examine persons to serve 14 as victims' advocate regarding their qualifications and ability and shall place the name 15 of the person selected in nomination. The appointment is effective if the nomination is 16 approved by a roll call vote of two-thirds of the members of the legislature in joint 17 session. The vote on the appointment shall be entered in the journals of both houses. 18 Sec. 24.65.030. Qualifications. A person may not serve as victims' advocate 19 (1) unless the person has been a resident of the state for the three years 20 immediately preceding the person's appointment; 21 (2) unless the person has been engaged in the active practice of law for 22 the three years immediately preceding the person's appointment; 23 (3) unless the person has significant experience in criminal law; 24 (4) unless the person is an attorney licensed to practice law in this 25 state; 26 (5) within one year of the last day on which the person served as a 27 member of the legislature; 28 (6) while the person is a candidate for or holds another national, state, 29 or municipal office; the victims' advocate may not become a candidate for national, 30 state, or municipal office until one year has elapsed from the date the victims' 31 advocate vacates the office of victims' advocate;

01 (7) while the person is engaged in another occupation for which the 02 person receives compensation; 03 (8) unless the person is at least 21 years of age and is a qualified voter. 04 Sec. 24.65.040. Term of office. (a) The term of office of the victims' 05 advocate is five years. A victims' advocate may be reappointed but may not serve for 06 more than three terms. 07 (b) If the term of a victims' advocate expires without the appointment of a 08 successor under this chapter, the incumbent victims' advocate may continue in office 09 until a successor is appointed. If the victims' advocate dies, resigns, becomes 10 ineligible to serve, or is removed or suspended from office, the person appointed as 11 acting victims' advocate under AS 24.65.070(a) serves until a new victims' advocate is 12 appointed for a full term. 13 Sec. 24.65.050. Removal. The legislature, by a concurrent resolution adopted 14 by a roll call vote of two-thirds of the members of each house entered in the journal, 15 may remove or suspend the victims' advocate from office, but only for neglect of duty, 16 misconduct, or disability. 17 Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive 18 an annual salary equal to Step A, Range 26, on the salary schedule set out in 19 AS 39.27.011(a) for Juneau. 20 Sec. 24.65.070. Staff and delegation. (a) The victims' advocate shall appoint 21 a person to serve as acting victims' advocate in the absence of the victims' advocate. 22 The victims' advocate shall also appoint assistants and clerical personnel necessary to 23 carry out the provisions of this chapter. Subject to AS 36.30.020, the victims' 24 advocate may enter into personal services and other contracts the victims' advocate 25 finds necessary to carry out the provisions of this chapter. The victims' advocate shall, 26 to the maximum extent practicable, conduct the duties and work of the office by 27 entering into personal services and other contracts the victims' advocate finds 28 necessary to carry out the provisions of this chapter. 29 (b) The victims' advocate may delegate to the assistants any of the victims' 30 advocate's duties except those specified in AS 24.65.150 and 24.65.160; however, 31 during the victims' advocate's absence from the principal business offices, the victims'

01 advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the 02 acting victims' advocate for the duration of the absence. The duties specified in 03 AS 24.65.150 and 24.65.160 shall be performed by the acting victims' advocate when 04 serving under AS 24.65.040(b). 05 (c) The victims' advocate and the staff appointed by the victims' advocate are 06 in the exempt service under AS 39.25.110 and are not subject to the employment 07 policies under AS 24.10 or AS 24.20. 08 Sec. 24.65.080. Office facilities and administration. (a) Subject to 09 restrictions and limitations imposed by the executive director of the Legislative Affairs 10 Agency, the administrative facilities and services of the Legislative Affairs Agency, 11 including computer, data processing, and teleconference facilities, may be made 12 available to the victims' advocate to be used in the management of the office of 13 victims' rights and to carry out the purposes of this chapter. 14 (b) The salary and benefits of the victims' advocate and the permanent staff of 15 the victims' advocate shall be paid through the same procedures used for payment of 16 the salaries and benefits of other permanent legislative employees. 17 (c) The victims' advocate shall submit a budget for each fiscal year to the 18 Alaska Legislative Council, and the council shall annually submit an estimated budget 19 to the governor for information purposes in the preparation of the executive budget. 20 After reviewing and approving, with or without modifications, the budget submitted 21 by the victims' advocate, the council shall submit the approved budget to the finance 22 committees of the legislature. 23 Sec. 24.65.090. Procedure. (a) The victims' advocate shall, by regulations 24 adopted under AS 44.62 (Administrative Procedure Act), establish procedures for 25 advocacy on behalf of crime victims, receiving and processing complaints, conducting 26 investigations, reporting findings, and ensuring that confidential information obtained 27 by the victims' advocate in the course of advocacy on behalf of a crime victim or in 28 the course of an investigation will not be improperly disclosed. The victims' advocate 29 may establish procedures so that advocacy and investigations on behalf of crime 30 victims in felony cases take a priority over advocacy and investigations on behalf of 31 crime victims in misdemeanor cases.

01 (b) The office of victims' rights may not charge fees for the submission or 02 investigation of complaints. 03 Sec. 24.65.100. Jurisdiction; duties. (a) The victims' advocate has 04 jurisdiction to advocate on behalf of crime victims of felony offenses or class A 05 misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a 06 crime against a person under AS 11.41, in the courts of the state and to investigate the 07 complaints of crime victims of felony offenses or class A misdemeanors, if the class A 08 misdemeanor is a crime involving domestic violence or a crime against a person under 09 AS 11.41, that they have been denied their rights under the constitution and the laws 10 of the state. In this subsection, "crime involving domestic violence" has the meaning 11 given in AS 18.66.990. 12 (b) The victims' advocate shall exercise reasonable care to 13 (1) ensure that the victims' advocate's exercise of jurisdiction granted 14 under this section does not interfere with an ongoing criminal investigation or with a 15 criminal prosecution; 16 (2) prevent employees of the office of victims' rights from making 17 extrajudicial statements that the victims' advocate is prohibited from making under the 18 Alaska Rules of Professional Conduct. 19 (c) The victims' advocate may not advise, counsel, or advocate on behalf of a 20 victim in a way that would 21 (1) prevent or discourage a victim from cooperating in a criminal 22 investigation; 23 (2) encourage a victim to withhold evidence in a criminal 24 investigation; or 25 (3) prevent or discourage a victim from testifying in a criminal 26 proceeding. 27 Sec. 24.65.110. Advocacy on behalf of crime victims; records. (a) The 28 victims' advocate shall assist crime victims in obtaining the rights crime victims are 29 guaranteed under the constitution and laws of the state with regard to the contacts 30 crime victims have with the justice agencies of the state. 31 (b) The victims' advocate may make the statement a crime victim is authorized

01 to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023, in 02 a court of the state when requested by the crime victim and when the crime victim 03 does not personally make a statement. 04 (c) When advocating on behalf of a crime victim in an ongoing criminal case 05 or juvenile adjudication, the victims' advocate is entitled to all information available to 06 the defendant or juvenile. 07 (d) Records obtained by the victims' advocate shall remain in the exclusive 08 custody of the victims' advocate. The victims' advocate may not disclose confidential 09 information to any person. 10 Sec. 24.65.120. Investigations. (a) The victims' advocate may investigate 11 complaints from crime victims that they have been denied the rights they are 12 guaranteed under the constitution and laws of this state. 13 (b) In an investigation, the victims' advocate may 14 (1) make inquiries and obtain information considered necessary; 15 (2) hold private hearings; and 16 (3) notwithstanding other provisions of law, have access at all times to 17 records of justice agencies, including court records of criminal prosecutions and 18 juvenile adjudications, necessary to ensure that the rights of crime victims are not 19 being denied; with regard to court and prosecution records, the victims' advocate is 20 entitled to obtain access to every record that the defendant is entitled to access or 21 receive. 22 (c) The victims' advocate shall maintain confidentiality with respect to all 23 matters and the identities of the complainants or witnesses coming before the victims' 24 advocate except insofar as disclosures may be necessary to enable the victims' 25 advocate to carry out duties and to support recommendations. However, the victims' 26 advocate may not disclose a confidential record obtained from a court or justice 27 agency. 28 Sec. 24.65.130. Powers. (a) Subject to the privileges recognized by court 29 rule and statute of this state, the victims' advocate may compel by subpoena, at a 30 specified time and place, the 31 (1) appearance and sworn testimony of a person who the victims'

01 advocate reasonably believes may be able to give information relating to a matter 02 under investigation under AS 24.65.120; and 03 (2) production by a person of a record or object that the victims' 04 advocate reasonably believes may relate to the matter under investigation under 05 AS 24.65.120. 06 (b) If a person refuses to comply with a subpoena issued under (a) of this 07 section, the superior court may, on application of the victims' advocate, compel 08 obedience by proceedings for contempt in the same manner as in the case of 09 disobedience to the requirements of a subpoena issued by the court or refusal to testify 10 in the court. 11 (c) This section does not authorize the victims' advocate to issue a subpoena to 12 (1) a justice, judge, magistrate, or a law clerk acting under the 13 direction of a justice, judge, or magistrate, concerning a judicial action or nonaction 14 taken by, or under the direction of, the justice, judge, or magistrate; 15 (2) a person acting under the direction of a justice, judge, or 16 magistrate, other than a law clerk, concerning a judicial action or nonaction taken by, 17 or under the direction of, a justice, judge, or magistrate except to establish the 18 occurrence or nonoccurrence of the action or nonaction or the person's own actions or 19 nonactions; this paragraph does not authorize the victims' advocate to inquire into the 20 decision-making or thought process of the justice, judge, or magistrate; 21 (3) a member of a jury concerning a matter that was considered by the 22 jury; 23 (4) the person accused or convicted of committing the crime that is the 24 basis for the complaint, and investigation under AS 24.65.120, concerning a denial of 25 rights or an attorney retained by the person or appointed by a court to represent the 26 person; 27 (5) a victim counselor concerning a matter made confidential by 28 AS 18.66.200 - 18.66.250; or 29 (6) a justice agency concerning records that lead to the disclosure of a 30 confidential police informant. 31 Sec. 24.65.140. Consultation. Before giving an opinion or recommendation

01 that is critical of a justice agency or person as a result of an investigation under 02 AS 24.65.120, the victims' advocate shall consult with that agency or person. The 03 victims' advocate may make a preliminary opinion or recommendation available to the 04 agency or person for review, but the preliminary opinion or recommendation is 05 confidential and may not be disclosed to the public by the agency or person. 06 Sec. 24.65.150. Procedure after investigation. (a) The victims' advocate 07 shall report the advocate's opinion and recommendations to a justice agency if the 08 victims' advocate finds, after investigation under AS 24.65.120, that the agency has 09 denied a crime victim rights the crime victim is guaranteed under the constitution and 10 laws of this state. 11 (b) The victims' advocate may request the justice agency to notify the victims' 12 advocate, within a specified time, of any action taken on the recommendations. 13 (c) The report provided under (a) of this section is confidential and may not be 14 disclosed to the public by the justice agency. The victims' advocate may disclose the 15 report under AS 24.65.160 only after providing notice that the investigation has been 16 concluded to the agency and after receiving the written approval of the complainant to 17 release the report. 18 Sec. 24.65.160. Publication of recommendations. Except as provided in 19 AS 24.65.150(c), within a reasonable amount of time after the victims' advocate 20 reports the advocate's opinion and recommendations to a justice agency, the victims' 21 advocate may present the opinion and recommendations to the governor, the 22 legislature, a grand jury, the public, or any of these. The victims' advocate shall 23 include with the opinion any reply made by the agency. 24 Sec. 24.65.170. Annual report. The victims' advocate shall make available to 25 the public an annual report of the victims' advocate's activities under this chapter and 26 notify the legislature that the report is available. 27 Sec. 24.65.180. Judicial review. A proceeding or decision of the victims' 28 advocate may be reviewed in superior court only to determine if it is contrary to the 29 provisions of this chapter. 30 Sec. 24.65.190. Immunity of the victims' advocate. A civil action may not 31 be brought against the victims' advocate or a member of the victims' advocate's staff

01 for anything done, said, or omitted in performing the victims' advocate's duties or 02 responsibilities under this chapter. 03 Sec. 24.65.200. Victims' advocate's privilege not to testify or produce 04 documents or other evidence. Except as may be necessary to enforce the provisions 05 of this chapter, the determinations, conclusions, thought processes, discussions, 06 records, reports, and recommendations of or information collected by the victims' 07 advocate or staff of the victims' advocate are not admissible in a civil or criminal 08 proceeding, and are not subject to questioning or disclosure by subpoena or discovery. 09 Sec. 24.65.210. Penalty. A person who knowingly hinders the lawful actions 10 of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses 11 to comply with their lawful demands, is guilty of a misdemeanor and upon conviction 12 may be punished by a fine of not more than $1,000. In this section, "knowingly" has 13 the meaning given in AS 11.81.900. 14 Sec. 24.65.250. Definitions. In this chapter, 15 (1) "justice agency" means a department, office, institution, 16 corporation, authority, organization, commission, committee, council, court, or board 17 in the executive or judicial branches of the state government that is, in any manner, 18 involved with or responsible for the apprehension, prosecution, incarceration, or 19 supervision of criminal or juvenile offenders; it also includes an officer, employee, or 20 member of an agency acting or purporting to act in the exercise of official duties; 21 (2) "victim" has the meaning given in AS 12.55.185. 22 * Sec. 20. AS 39.25.110 is amended by adding a new paragraph to read: 23 (34) the victims' advocate established under AS 24.65.010 and the 24 advocate's staff. 25 * Sec. 21. AS 39.27.022(d) is amended to read: 26 (d) This section applies to employees of the legislature only if the committee 27 responsible for adopting employment policies concerning the employee adopts a 28 written policy that the section applies. This section applies to the employees of the 29 office of the ombudsman only if the ombudsman adopts a policy that the section 30 applies. This section applies to the employees of the office of victims' rights only 31 if the victims' advocate adopts a policy that the section applies.

01 * Sec. 22. AS 39.27.022(d) is amended to read: 02 (d) This section applies to employees of the legislature only if the committee 03 responsible for adopting employment policies concerning the employee adopts a 04 written policy that the section applies. This section applies to the employees of the 05 office of the ombudsman only if the ombudsman adopts a policy that the section 06 applies. [THIS SECTION APPLIES TO THE EMPLOYEES OF THE OFFICE OF 07 VICTIMS' RIGHTS ONLY IF THE VICTIMS' ADVOCATE ADOPTS A POLICY 08 THAT THE SECTION APPLIES.] 09 * Sec. 23. AS 39.35.385(f) is amended to read: 10 (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement 11 benefit at age 60 or an early retirement benefit at age 55 if the employee was first 12 hired as a legislative employee before May 30, 1987, and has at least 60 days of 13 credited service as an employee of the legislature, other than as an employee of the 14 Office of the Ombudsman or the office of victims' rights, during each of five 15 legislative sessions. An employee who was first hired as a legislative employee on or 16 after May 30, 1987, and is otherwise eligible under this subsection must have at least 17 80 days of credited service during each of five legislative sessions to receive benefits 18 under this subsection. 19 * Sec. 24. AS 39.35.385(f) is amended to read: 20 (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement 21 benefit at age 60 or an early retirement benefit at age 55 if the employee was first 22 hired as a legislative employee before May 30, 1987, and has at least 60 days of 23 credited service as an employee of the legislature, other than as an employee of the 24 Office of the Ombudsman [OR THE OFFICE OF VICTIMS' RIGHTS], during each 25 of five legislative sessions. An employee who was first hired as a legislative 26 employee on or after May 30, 1987, and is otherwise eligible under this subsection 27 must have at least 80 days of credited service during each of five legislative sessions 28 to receive benefits under this subsection. 29 * Sec. 25. AS 43.23.005(d) is amended to read: 30 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is 31 not eligible for a permanent fund dividend for a dividend year when

01 (1) during the qualifying year, the individual was sentenced as a result 02 of conviction in this state of a felony; 03 (2) during all or part of the qualifying year, the individual was 04 incarcerated as a result of the conviction in this state of a 05 (A) felony; or 06 (B) misdemeanor if the individual has been convicted of 07 (i) a prior felony as defined in AS 11.81.900; or 08 (ii) two or more prior misdemeanors [CRIMES] as 09 defined in AS 11.81.900. 10 * Sec. 26. AS 43.23.028 is amended to read: 11 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the 12 commissioner shall give public notice of the value of each permanent fund dividend 13 for that year and notice of the information required to be disclosed under (3) of this 14 subsection. In addition, the stub attached to each individual dividend check and direct 15 deposit advice must 16 (1) disclose the amount of each dividend attributable to income earned 17 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 18 Constitution of the State of Alaska; 19 (2) disclose the amount of each dividend attributable to income earned 20 by the permanent fund from appropriations to that fund and from amounts added to 21 that fund to offset the effects of inflation; 22 (3) disclose the amount by which each dividend has been reduced due 23 to each appropriation from the dividend fund, including amounts to pay the costs of 24 administering the dividend program and the hold harmless provisions of 25 AS 43.23.075; 26 (4) include a statement that an individual is not eligible for a dividend 27 when 28 (A) during the qualifying year, the individual was convicted of 29 a felony; 30 (B) during all or part of the qualifying year, the individual was 31 incarcerated as a result of the conviction of a

01 (i) felony; or 02 (ii) misdemeanor if the individual has been convicted of 03 a prior felony or two or more prior misdemeanors [CRIMES]; 04 (5) include a statement that the legislative purpose for making 05 individuals listed under (4) of this subsection ineligible is to 06 (A) obtain reimbursement for some of the costs imposed on the 07 state criminal justice system related to incarceration or probation of those 08 individuals; 09 (B) provide funds for services for and payments to crime 10 victims and for grants for the operation of domestic violence and sexual assault 11 programs; 12 (6) disclose the total amount that would have been paid during the 13 previous fiscal year to individuals who were ineligible to receive dividends under 14 AS 43.23.005(d) if they had been eligible; 15 (7) disclose the total amount appropriated for the current fiscal year 16 under (b) of this section for each of the funds and agencies listed in (b) of this section. 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) the crime victim compensation fund established under 23 AS 18.67.162 for payments to crime victims; 24 (2) the council on domestic violence and sexual assault established 25 under AS 18.66.010 for grants for the operation of domestic violence and sexual 26 assault programs; [OR] 27 (3) the Department of Corrections for incarceration and probation 28 programs; 29 (4) the office of victims' rights; or 30 (5) nonprofit victims' rights organizations for grants for services to 31 crime victims.

01 * Sec. 27. AS 44.62.040(c) is amended to read: 02 (c) Before submitting the regulations and orders of repeal to the lieutenant 03 governor under (a) of this section, every state agency that by statute possesses 04 regulation making authority, except boards and commissions, the office of victims' 05 rights, and the office of the ombudsman, shall submit to the governor for review a 06 copy of every regulation or order of repeal adopted by the agency, except regulations 07 and orders of repeal identified in (a)(1) - (2) of this section. The governor may review 08 the regulations and orders of repeal received under this subsection. The governor may 09 return the regulations and orders of repeal to the adopting agency before they are 10 submitted to the lieutenant governor for filing under (a) of this section [,] (1) if they 11 are inconsistent with the faithful execution of the laws, or (2) to enable the adopting 12 agency to respond to specific issues raised by the Administrative Regulation Review 13 Committee. The governor may not delegate the governor's review authority under this 14 subsection to a person other than the lieutenant governor. 15 * Sec. 28. AS 44.62.040(c) is amended to read: 16 (c) Before submitting the regulations and orders of repeal to the lieutenant 17 governor under (a) of this section, every state agency that by statute possesses 18 regulation making authority, except boards and commissions [, THE OFFICE OF 19 VICTIMS' RIGHTS,] and the office of the ombudsman, shall submit to the governor 20 for review a copy of every regulation or order of repeal adopted by the agency, except 21 regulations and orders of repeal identified in (a)(1) - (2) of this section. The governor 22 may review the regulations and orders of repeal received under this subsection. The 23 governor may return the regulations and orders of repeal to the adopting agency before 24 they are submitted to the lieutenant governor for filing under (a) of this section (1) if 25 they are inconsistent with the faithful execution of the laws, or (2) to enable the 26 adopting agency to respond to specific issues raised by the Administrative Regulation 27 Review Committee. The governor may not delegate the governor's review authority 28 under this subsection to a person other than the lieutenant governor. 29 * Sec. 29. AS 44.62.215 is amended to read: 30 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 31 preparation of a proposed regulation, amendment, or order of repeal, an agency, other

01 than a board or commission, the office of victims' rights, and the office of the 02 ombudsman, shall keep a record of its use or rejection of factual or other substantive 03 information that is submitted in writing as public comment and that is relevant to the 04 accuracy, coverage, or other aspect of the proposed regulatory action. 05 * Sec. 30. AS 44.62.215 is amended to read: 06 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 07 preparation of a proposed regulation, amendment, or order of repeal, an agency, other 08 than a board or commission [, THE OFFICE OF VICTIMS' RIGHTS,] and the office 09 of the ombudsman, shall keep a record of its use or rejection of factual or other 10 substantive information that is submitted in writing as public comment and that is 11 relevant to the accuracy, coverage, or other aspect of the proposed regulatory action. 12 * Sec. 31. AS 44.66.050(c) is amended to read: 13 (c) A determination as to whether a board or commission or agency program 14 has demonstrated a public need for its continued existence must take into 15 consideration the following factors: 16 (1) the extent to which the board, commission, or program has 17 operated in the public interest; 18 (2) the extent to which the operation of the board, commission, or 19 agency program has been impeded or enhanced by existing statutes, procedures, and 20 practices that it has adopted, and any other matter, including budgetary, resource, and 21 personnel matters; 22 (3) the extent to which the board, commission, or agency has 23 recommended statutory changes that are generally of benefit to the public interest; 24 (4) the extent to which the board, commission, or agency has 25 encouraged interested persons to report to it concerning the effect of its regulations 26 and decisions on the effectiveness of service, economy of service, and availability of 27 service that it has provided; 28 (5) the extent to which the board, commission, or agency has 29 encouraged public participation in the making of its regulations and decisions; 30 (6) the efficiency with which public inquiries or complaints regarding 31 the activities of the board, commission, or agency filed with it, with the department to

01 which a board or commission is administratively assigned, or with the office of 02 victims' rights or the office of the ombudsman have been processed and resolved; 03 (7) the extent to which a board or commission that regulates entry into 04 an occupation or profession has presented qualified applicants to serve the public; 05 (8) the extent to which state personnel practices, including affirmative 06 action requirements, have been complied with by the board, commission, or agency to 07 its own activities and the area of activity or interest; and 08 (9) the extent to which statutory, regulatory, budgeting, or other 09 changes are necessary to enable the agency, board, or commission to better serve the 10 interests of the public and to comply with the factors enumerated in this subsection. 11 * Sec. 32. AS 44.66.050(c) is amended to read: 12 (c) A determination as to whether a board or commission or agency program 13 has demonstrated a public need for its continued existence must take into 14 consideration the following factors: 15 (1) the extent to which the board, commission, or program has 16 operated in the public interest; 17 (2) the extent to which the operation of the board, commission, or 18 agency program has been impeded or enhanced by existing statutes, procedures, and 19 practices that it has adopted, and any other matter, including budgetary, resource, and 20 personnel matters; 21 (3) the extent to which the board, commission, or agency has 22 recommended statutory changes that are generally of benefit to the public interest; 23 (4) the extent to which the board, commission, or agency has 24 encouraged interested persons to report to it concerning the effect of its regulations 25 and decisions on the effectiveness of service, economy of service, and availability of 26 service that it has provided; 27 (5) the extent to which the board, commission, or agency has 28 encouraged public participation in the making of its regulations and decisions; 29 (6) the efficiency with which public inquiries or complaints regarding 30 the activities of the board, commission, or agency filed with it, with the department to 31 which a board or commission is administratively assigned, or with the [OFFICE OF

01 VICTIMS' RIGHTS OR THE] office of the ombudsman have been processed and 02 resolved; 03 (7) the extent to which a board or commission that regulates entry into 04 an occupation or profession has presented qualified applicants to serve the public; 05 (8) the extent to which state personnel practices, including affirmative 06 action requirements, have been complied with by the board, commission, or agency to 07 its own activities and the area of activity or interest; and 08 (9) the extent to which statutory, regulatory, budgeting, or other 09 changes are necessary to enable the agency, board, or commission to better serve the 10 interests of the public and to comply with the factors enumerated in this subsection. 11 * Sec. 33. AS 44.99.240(2) is amended to read: 12 (2) "state agency" means 13 (A) a department, institution, board, commission, division, 14 authority, public corporation, or other administrative unit of the executive 15 branch, including the University of Alaska and the Alaska Railroad 16 Corporation; 17 (B) a committee, division, or administrative unit of the 18 legislative branch, including the Alaska Legislative Council, the leadership of 19 each house, the office of victims' rights, and the office of the ombudsman; 20 (C) an administrative unit of the judicial branch, including the 21 Alaska Judicial Council and the Commission on Judicial Conduct. 22 * Sec. 34. AS 44.99.240(2) is amended to read: 23 (2) "state agency" means 24 (A) a department, institution, board, commission, division, 25 authority, public corporation, or other administrative unit of the executive 26 branch, including the University of Alaska and the Alaska Railroad 27 Corporation; 28 (B) a committee, division, or administrative unit of the 29 legislative branch, including the Alaska Legislative Council, the leadership of 30 each house, [THE OFFICE OF VICTIMS' RIGHTS,] and the office of the 31 ombudsman;

01 (C) an administrative unit of the judicial branch, including the 02 Alaska Judicial Council and the Commission on Judicial Conduct. 03 * Sec. 35. AS 47.12.130 is amended by adding a new subsection to read: 04 (d) For purposes of restitution under AS 47.12.120(b), the court shall order the 05 minor, and the minor's parent if applicable, to submit financial information, on a 06 specified form, to the court, the department, and the Department of Law. The Alaska 07 Court System shall prepare the form in consultation with the department and the 08 Department of Law; the form must include a warning that submission of incomplete or 09 inaccurate information is punishable as unsworn falsification under AS 11.56.210. 10 The persons required to submit information under this subsection shall comply within 11 five days after the entry of the dispositional order under AS 47.12.120. 12 * Sec. 36. AS 47.12.155(b) is amended to read: 13 (b) If a minor is found to be a delinquent under AS 47.12.120, the court may 14 order that the minor's parent or guardian 15 (1) personally participate in treatment reasonably available in the 16 parent's or guardian's location as specified in a plan set out in the court order; 17 (2) notify the department if the minor violates a term or condition of 18 the court order; and 19 (3) comply with any other conditions set out in the court order, 20 including a condition in an order requiring a parent to pay restitution ordered on 21 behalf of a victim of a delinquent act. 22 * Sec. 37. AS 47.12.170 is amended to read: 23 Sec. 47.12.170. Enforcement of restitution. A person who is a recipient of a 24 restitution order involving a minor found delinquent under AS 47.12.120, or the state 25 on behalf of the restitution recipient, may enforce an order for restitution under 26 AS 47.12.120 against the minor and the minor's parent under AS 09.35 as if the order 27 were a civil judgment enforceable by execution. If the recipient or the state on the 28 recipient's behalf enforces or collects restitution through civil process, collection 29 costs and full reasonable attorney fees shall be awarded. This section does not 30 limit the authority of the court to otherwise enforce orders of payment for restitution. 31 An order of restitution enforced under this section does not limit under other law the

01 civil liability of the minor or the minor's parent as a result of the delinquent conduct. 02 * Sec. 38. AS 47.12.170 is amended by adding new subsections to read: 03 (b) The Department of Law is authorized to collect restitution on behalf of the 04 recipient unless 05 (1) the recipient elects as provided in (c) of this section to enforce the 06 order of restitution without the assistance of the Department of Law; or 07 (2) the order requires restitution to be made in a form other than 08 payment of a specific dollar amount. 09 (c) The court shall forward a copy of an order of restitution to the department 10 when the judgment is entered. Along with the copy of the order, the court shall 11 provide the name, date of birth, social security number, and current address of the 12 recipient of the restitution, the minor, and the minor's parent, to the extent that the 13 court has that information in its possession. Upon receipt of the order and other 14 information from the court, the department shall send a notice to the recipient 15 regarding the recipient's rights under this section, including the right to elect to enforce 16 the order of restitution without the assistance of the Department of Law. When 30 17 days have passed since the recipient received the notice, or when the department 18 receives the recipient's response to the notice, whichever is earlier, the department 19 shall send to the Department of Law a copy of the order of restitution; the name, date 20 of birth, social security number, and current address of the recipient, the minor, and 21 the minor's parent; the notice sent to the recipient under this subsection; and the 22 recipient's response, if any. If a response from the recipient reaches the department 23 after the department has sent the order of restitution and other information to the 24 Department of Law under this subsection, the department shall immediately send the 25 response to the Department of Law. The information provided to the Department of 26 Law under this subsection is confidential and is not open to inspection as a public 27 record under AS 40.25.110. The Department of Law or its agents may not disclose the 28 information except as necessary to collect on the restitution. 29 (d) The Department of Law may not begin collection procedures on the order 30 of restitution until the recipient has been given notice under (c) of this section and has 31 been given 30 days after receipt of notice to elect to collect the restitution without the

01 assistance of the Department of Law. A recipient may inform the Department of Law 02 at a later time of the recipient's election to collect the restitution without the assistance 03 of the Department of Law; upon receipt of the information, the Department of Law 04 may no longer proceed with collection efforts on behalf of the recipient. A recipient 05 who has elected under this section to collect restitution without the assistance of the 06 Department of Law may not later request the services of that department to collect the 07 restitution. 08 (e) If the Department of Law or its agents proceed to collect restitution on 09 behalf of a recipient under (c) of this section, the actions of the Department of Law or 10 an agent of the Department of Law on behalf of the recipient do not create an attorney- 11 client relationship between the Department of Law and the recipient. The Department 12 of Law or its agent may not settle a judgment for restitution without the consent of the 13 recipient of the restitution. 14 (f) An action for damages may not be brought against the state or any of its 15 agents, officers, or employees based on an action or omission under this section. 16 (g) The Department of Law may enter into contracts on behalf of the state to 17 carry out the collection procedures of this section. The Department of Law may adopt 18 regulations necessary to carry out the collection procedures of this section, including 19 the reimbursement of attorney fees and costs in appropriate cases. 20 * Sec. 39. AS 47.12.310(b) is amended to read: 21 (b) A state or municipal agency or employee shall disclose 22 (1) [SHALL DISCLOSE] information regarding a case to a federal, 23 state, or municipal law enforcement agency for a specific investigation being 24 conducted by that agency; and 25 (2) [SHALL DISCLOSE] appropriate information regarding a case to 26 (A) a guardian ad litem appointed by the court; 27 (B) a person or an agency requested by the department or the 28 minor's legal custodian to provide consultation or services for a minor who is 29 subject to the jurisdiction of the court under this chapter as necessary to enable 30 the provision of the consultation or services; 31 (C) school officials as may be necessary to protect the safety of

01 the minor who is the subject of the case and the safety of school students and 02 staff or to enable the school to provide appropriate counseling and supportive 03 services to meet the needs of a minor about whom information is disclosed; 04 (D) a governmental agency as may be necessary to obtain that 05 agency's assistance for the department in its investigation or to obtain physical 06 custody of a minor; 07 (E) a law enforcement agency of this state or another 08 jurisdiction as may be necessary for the protection, rehabilitation, or 09 supervision of any minor or for actions by that agency to protect the public 10 safety; 11 (F) a victim or to the victim's insurance company as may be 12 necessary to inform the victim or the insurance company about the arrest of the 13 minor, including the minor's name and the names of the minor's parents, copies 14 of reports, or the disposition or resolution of a case involving a minor; 15 (G) the state medical examiner under AS 12.65 as may be 16 necessary to perform the duties of the state medical examiner; [AND] 17 (H) foster parents or relatives with whom the child is placed by 18 the department as may be necessary to enable the foster parents or relatives to 19 provide appropriate care for the child who is the subject of the case, to protect 20 the safety of the child who is the subject of the case, and to protect the safety 21 and property of family members and visitors of the foster parents or relatives; 22 (I) the Department of Law or its agent for use and 23 subsequent release if necessary for collection of an order of restitution on 24 behalf of the recipient; and 25 (J) the Violent Crimes Compensation Board established in 26 AS 18.67.020 for use in awarding compensation under AS 18.67.080. 27 * Sec. 40. AS 09.38.065(d) is repealed. 28 * Sec. 41. AS 24.65.010, 24.65.020, 24.65.030, 24.65.040, 24.65.050, 24.65.060, 29 24.65.070, 24.65.080, 24.65.090, 24.65.100, 24.65.110, 24.65.120, 24.65.130, 24.65.140, 30 24.65.150, 24.65.160, 24.65.170, 24.65.180, 24.65.190, 24.65.200, 24.65.210, 24.65.250; 31 AS 39.25.110(34); and AS 43.23.028(b)(4) are repealed.

01 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 INDIRECT COURT RULE AMENDMENT. (a) The provisions of AS 12.55.045(l), 04 enacted by sec. 10 of this Act, and the provisions of AS 47.12.170, as amended by sec. 37 of 05 this Act, have the effect of amending Rule 82, Alaska Rules of Civil Procedure, by 06 authorizing full reasonable attorney fees for certain cases of victim restitution. 07 (b) The provisions of AS 12.55.045(l), enacted by sec. 10 of this Act, and 08 AS 47.12.170, as amended by sec. 37 of this Act, that authorize full reasonable attorney fees 09 take effect only if (a) of this section receives the two-thirds majority vote of each house 10 required by art. IV, sec. 15, Constitution of the State of Alaska. Otherwise, the provisions 11 shall require an award of collection costs and reasonable attorney fees. 12 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 INDIRECT COURT RULE AMENDMENT. AS 24.65.110 and 24.65.120, added by 15 sec. 19 of this Act, have the effect of amending Rule 16, Alaska Rules of Criminal Procedure, 16 and Rule 9, Alaska Delinquency Rules, by allowing the victims' advocate a right of access to 17 information in criminal prosecutions and juvenile adjudications that is equal to that available 18 to criminal defendants or juveniles when the advocate is engaging in advocacy or that is 19 unlimited when the advocate is engaging in investigations concerning victims' rights. 20 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INDIRECT COURT RULE AMENDMENT. AS 24.65.200, added by sec. 19 of this 23 Act, amends Rules 402 and 501, Alaska Rules of Evidence, by creating a new privilege from 24 being compelled to testify or produce evidence in a court and precluding admissibility of 25 certain evidence in certain cases. 26 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. Sections 2 - 6, 9 - 12, 15, 16, and 35 - 40 of this Act apply to 29 judgments or orders of restitution entered in adjudications of delinquency of minors or in 30 criminal cases before, on, or after the effective date of secs. 2 - 6, 9 - 12, 15, 16, and 35 - 40 31 of this Act.

01 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. The state agencies affected by this Act may 04 immediately proceed to adopt regulations necessary to implement the changes made by this 05 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 06 before the effective date of the applicable statutory change. 07 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION. Notwithstanding the effective date of secs. 1, 7, 13, 14, 17, 19 - 21, 10 23, 25 - 27, 29, 31, 33, and 42 of this Act, to the extent that there are appropriations for the 11 purpose, the executive director of the Legislative Affairs Agency may purchase supplies and 12 equipment, obtain office space, and employ clerical staff so that the office of victims' rights, 13 created in sec. 19 of this Act, is able to begin work on July 1, 2002. 14 * Sec. 48. Sections 25, 26, and 47 of this Act take effect immediately under 15 AS 01.10.070(c). 16 * Sec. 49. Sections 1, 7, 13, 14, 17, 19 - 21, 23, 25 - 27, 29, 31, 33, 43, and 44 of this Act 17 take effect July 1, 2002. 18 * Sec. 50. Sections 2 - 6, 9 - 12, 15, 16, 35 - 40, 42, and 45 of this Act take effect January 1, 19 2002. 20 * Sec. 51. Sections 8, 18, 22, 24, 28, 30, 32, 34, and 41 of this Act take effect July 1, 2006.