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SSHB 216: "An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; relating to delinquent minors; and providing for an effective date."

00                  SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216                                                              
01 "An Act relating to restitution; relating to the office of victims' rights; relating to                                 
02 transfers from the dividend fund; creating the restorative justice account; relating to                                 
03 appropriations from the restorative justice account for services for and payments to                                    
04 crime victims, operating costs of the Violent Crimes Compensation Board, operation of                                   
05 domestic violence and sexual assault programs, mental health services and substance                                     
06 abuse treatment for offenders, and incarceration costs; relating to delinquent minors;                                  
07 and providing for an effective date."                                                                                   
08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
09    * Section 1. AS 12.55.045(m) is amended to read:                                                                   
10 (m)  Notwithstanding another provision of law, the court shall accept (1)                                               
11 payments of restitution from a defendant at any time, and (2) prepayments of                                            
12 restitution or payments in anticipation of an order of restitution. [IF THE RECIPIENT                                   
13 HAS ELECTED TO HAVE THE DEPARTMENT OF LAW COLLECT THE                                                                   
01 JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE COURT SHALL                                                          
02 FORWARD ALL PAYMENTS OF RESTITUTION TO THE DEPARTMENT OF                                                                
03       LAW WITHIN FIVE DAYS AFTER THE COURT'S ACCEPTANCE.]                                                               
04    * Sec. 2. AS 12.55.051(f) is amended to read:                                                                      
05 (f)  The court shall forward a copy of an order of restitution to the Department                                        
06 of Law and the office of victims' rights when the judgment is entered. Along with                                   
07 the copy of the order, the court shall provide the name, date of birth, social security                                 
08 number, and current address of the recipient of the restitution and the defendant, to the                               
09 extent that the court has that information in its possession. Upon receipt of the order                                 
10 and other information from the court, the Department of Law shall send a notice to the                                  
11 recipient regarding the recipient's rights under this section, including the right to elect                             
12 to enforce the order of restitution without the assistance of the Department of Law and                             
13 of the possibility of and procedure for receiving payment from the restorative                                      
14 justice account. The information provided to the Department of Law and the office                               
15 of victims' rights under this subsection is confidential and is not open to inspection as                           
16 a public record under AS 40.25.110. The Department of Law, the office of victims'                                   
17 rights, or [ITS] agents for the Department of Law or office of victims' rights may                              
18       not disclose the information except as necessary to collect on the restitution.                                   
19    * Sec. 3. AS 12.55.051(g) is amended to read:                                                                      
20 (g)  The Department of Law may not begin collection procedures on the order                                             
21 of restitution until the recipient has been given notice and has been given 90 [30] days                            
22 after receipt of notice to elect to collect the restitution without the assistance of the                               
23 Department of Law. A recipient may inform the Department of Law at a later time of                                      
24 the recipient's election to collect the restitution without the assistance of the                                       
25 Department of Law; upon receipt of that information, the Department of Law may no                                       
26 longer proceed with collection efforts on behalf of the recipient. A recipient who has                                  
27 elected under this section to collect restitution without the assistance of the                                         
28 Department of Law may not later request the services of that department to collect the                                  
29       restitution.                                                                                                      
30    * Sec. 4. AS 24.65 is amended by adding a new section to read:                                                     
31 Sec. 24.65.105. Payment of restitution. (a) Subject to appropriation, the                                             
01 office of victims' rights is authorized to pay outstanding balances on orders of                                        
02 restitution under AS 12.55.045 of AS 47.12.120. The office of victims' rights shall                                     
03 coordinate and make payments from the restorative justice account (AS 43.23.048) in                                     
04 accordance with the priority in (b) of this section. A crime victim may receive not                                     
05 more than $10,000 from the restorative justice account, regardless of the amount of the                                 
06       order of restitution.                                                                                             
07 (b)  If an order of restitution provides for payment to more than one crime                                             
08 victim, the office of victims' rights shall make payments in the following order of                                     
09       priority:                                                                                                         
10                 (1)  a natural person;                                                                                  
11                 (2)  private businesses;                                                                                
12                 (3)  state and local governments.                                                                       
13 (c)  The office of victims' rights shall adopt regulations under AS 44.62                                               
14 (Administrative Procedure Act) to establish a process for payments of restitution                                       
15       balances from the restorative justice account established in AS 43.23.048.                                        
16    * Sec. 5. AS 43.23.028 is amended to read:                                                                       
17 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the                                                     
18 commissioner shall give public notice of the value of each permanent fund dividend                                      
19 for that year and notice of the information required to be disclosed under (3) of this                                  
20 subsection. In addition, the stub attached to each individual dividend disbursement                                     
21       advice must                                                                                                       
22 (1)  disclose the amount of each dividend attributable to income earned                                                 
23 by the permanent fund from deposits to that fund required under art. IX, sec. 15,                                       
24       Constitution of the State of Alaska;                                                                              
25 (2)  disclose the amount of each dividend attributable to income earned                                                 
26 by the permanent fund from appropriations to that fund and from amounts added to                                        
27       that fund to offset the effects of inflation;                                                                     
28 (3)  disclose the amount by which each dividend has been reduced due                                                    
29 to each appropriation from the dividend fund, including amounts to pay the costs of                                     
30 administering the dividend program and the hold harmless provisions of                                                  
31       AS 43.23.075;                                                                                                     
01                 (4)  include a statement that an individual is not eligible for a dividend                              
02       when                                                                                                              
03                      (A)  during the qualifying year, the individual was convicted of                                   
04            a felony;                                                                                                    
05                      (B)  during all or part of the qualifying year, the individual was                                 
06            incarcerated as a result of the conviction of a                                                              
07                           (i)  felony; or                                                                               
08                           (ii)  misdemeanor if the individual has been convicted of                                     
09                 a prior felony or two or more prior misdemeanors;                                                       
10 (5)  include a statement that the legislative purpose for making                                                        
11       individuals listed under (4) of this subsection ineligible is to                                                  
12 (A)  provide funds for services for and payments to crime                                                           
13 victims and operating costs of the Violent Crimes Compensation Board                                                
14 [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON                                                                  
15 THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO                                                                            
16            INCARCERATION OR PROBATION OF THOSE INDIVIDUALS];                                                            
17                      (B)  provide funds to pay restitution owed to crime victims;                                   
18 (C)  provide funds for grants to nonprofit organizations for                                                        
19 services for crime victims and for mental health services and substance                                             
20            abuse treatment for offenders;                                                                           
21                      (D)  provide funds for the office of victims' rights;                                          
22 (E)  provide funds to the Council on Domestic Violence and                                                          
23 Sexual Assault [FOR SERVICES FOR AND PAYMENTS TO CRIME                                                              
24 VICTIMS AND] for grants for the operation of domestic violence and sexual                                               
25            assault programs; and                                                                                    
26 (F)  obtain reimbursement for some of the costs imposed on                                                          
27 the Department of Corrections related to incarceration or probation of                                              
28            those individuals;                                                                                       
29 (6)  disclose the total amount that would have been paid during the                                                     
30 previous fiscal year to individuals who were ineligible to receive dividends under                                      
31       AS 43.23.005(d) if they had been eligible;                                                                        
01 (7)  disclose the total amount transferred or appropriated for the                                                  
02 current fiscal year under AS 43.23.048 [(b) OF THIS SECTION] for each of the                                        
03       accounts, funds, and agencies listed in AS 43.23.048 [(b) OF THIS SECTION].                           
04 (b)  To the extent that amounts appropriated for a fiscal year do not exceed the                                        
05 total amount that would have been paid during the previous fiscal year to individuals                                   
06 who were ineligible to receive dividends under AS 43.23.005(d) or under                                                 
07 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this                                    
08 section do not apply to transfers [APPROPRIATIONS] from the dividend fund to the                                
09       restorative justice account (AS 43.23.048)                                                                    
10 [(1)  THE CRIME VICTIM COMPENSATION FUND                                                                                
11       ESTABLISHED UNDER AS 18.67.162 FOR PAYMENTS TO CRIME VICTIMS;                                                     
12 (2)  THE COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL                                                                        
13 ASSAULT ESTABLISHED UNDER AS 18.66.010 FOR GRANTS FOR THE                                                               
14 OPERATION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT                                                                       
15       PROGRAMS;                                                                                                         
16 (3)  THE DEPARTMENT OF CORRECTIONS FOR                                                                                  
17       INCARCERATION AND PROBATION PROGRAMS;                                                                             
18                 (4)  THE OFFICE OF VICTIMS' RIGHTS;                                                                     
19 (5)  NONPROFIT VICTIMS' RIGHTS ORGANIZATIONS FOR                                                                        
20       GRANTS FOR SERVICES TO CRIME VICTIMS; OR                                                                          
21 (6)  THE DEPARTMENT OF REVENUE FOR GRANTS TO MINOR                                                                      
22 CHILDREN OF INCARCERATED INDIVIDUALS UNDER A GRANT                                                                      
23 PROGRAM ESTABLISHED BY REGULATIONS OF THE DEPARTMENT OF                                                                 
24       REVENUE UNDER AS 44.62 (ADMINISTRATIVE PROCEDURE ACT)].                                                           
25    * Sec. 6. AS 43.23 is amended by adding a new section to read:                                                     
26 Sec. 43.23.048. Restorative justice account. (a) The restorative justice                                            
27 account is created as a separate account in the dividend fund. The commissioner shall                                   
28 transfer from the dividend fund to the restorative justice account each fiscal year an                                
29 amount equal to the amount that would have been paid during the previous fiscal year                                    
30 to individuals who were ineligible to receive dividends under AS 43.23.005(d) if they                                   
31       had been eligible.                                                                                                
01            (b)  The legislature may appropriate amounts from the account to the following                               
02       recipients in the priority order listed:                                                                          
03                 (1)  crime victim compensation fund established under AS 18.67.162                                      
04       for payments to crime victims and for operating costs of the Violent Crimes                                       
05       Compensation Board;                                                                                               
06                 (2)  office of victims' rights for payments to crime victims as provided                                
07       in AS 24.65.105 and for operating costs of the office of victims' rights;                                         
08                 (3)  nonprofit organizations for grants for mental health services and                                  
09       substance abuse treatment for offenders;                                                                          
10 (4)  nonprofit organizations to provide grants for services for crime                                                   
11       victims and domestic violence and sexual assault programs; and                                                    
12 (5)  Department of Corrections for costs related to incarceration or                                                    
13       probation.                                                                                                        
14 (c)  A person who is subject to an order of restitution all or part of which is                                         
15 paid under this section shall reimburse the state for the amount paid by the state. The                                 
16 state may enforce payment of reimbursement under this subsection as if the                                              
17       reimbursement were a civil judgment enforceable by execution.                                                     
18 (d)  The legislature may appropriate money received under (c) of this section to                                        
19       the restorative justice account.                                                                                  
20            (e)  Nothing in this section creates a dedicated fund.                                                       
21    * Sec. 7. AS 43.23.055 is amended to read:                                                                         
22            Sec. 43.23.055. Duties of the department. The department shall                                             
23                 (1)  annually pay permanent fund dividends from the dividend fund;                                      
24 (2)  subject to AS 43.23.011 and [PARAGRAPH] (8) of this section,                                                       
25 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish                                          
26 procedures and time limits for claiming a permanent fund dividend; the department                                       
27 shall determine the number of eligible applicants by October 1 of the year for which                                    
28       the dividend is declared and pay the dividends by December 31 of that year;                                       
29 (3)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                                    
30 that establish procedures and time limits for an individual upon emancipation or upon                                   
31 reaching majority to apply for permanent fund dividends not received during minority                                    
01       because the parent, guardian, or other authorized representative did not apply on                                 
02       behalf of the individual;                                                                                         
03                 (4)  assist residents of the state, particularly in rural areas, who, because                       
04       of language, disability, or inaccessibility to public transportation, need assistance to                      
05       establish eligibility and to apply for permanent fund dividends;                                                  
06 (5)  use a list of individuals ineligible for a dividend under                                                          
07 AS 43.23.005(d) provided annually by the Department of Corrections and the                                              
08 Department of Public Safety to determine the number and identity of those                                               
09       individuals;                                                                                                      
10 (6)  adopt regulations that are necessary to implement AS 43.23.005(d)                                                  
11       and 43.23.048;                                                                                                
12 (7)  adopt regulations that establish procedures for the parent, guardian,                                              
13 or other authorized representative of a disabled individual to apply for prior year                                     
14 permanent fund dividends not received by the disabled individual because no                                             
15       application was submitted on behalf of the individual;                                                            
16 (8)  adopt regulations that establish procedures for an individual to                                                   
17 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not                                    
18 collected within two years after the date of its issuance; however, the department may                                  
19 not establish a time limit within which an application to have a disbursement reissued                                  
20       must be filed;                                                                                                    
21 (9)  provide any information, upon request, contained in permanent                                                      
22 fund dividend records to the child support services agency created in AS 25.27.010, or                                  
23 the child support enforcement agency of another state, for child support purposes                                       
24 authorized under law; if the information is contained in an electronic data base, the                                   
25       department shall provide the requesting agency with either                                                        
26                      (A)  access to the data base; or                                                                   
27 (B)  a copy of the information in the data base and a statement                                                         
28            certifying its contents;                                                                                     
29                 (10)  establish a fraud investigation unit for the purpose of assisting the                             
30 (A)  Department of Law in the prosecution of individuals who                                                            
31 apply for or obtain a permanent fund dividend in violation of a provision in                                            
01            AS 11, by detecting and investigating those crimes; and                                                      
02 (B)  commissioner to detect and investigate the claiming or                                                             
03 paying of permanent fund dividends that should not have been claimed by or                                              
04 paid to an individual and to impose the penalties and enforcement provisions                                            
05            under AS 43.23.035.                                                                                          
06    * Sec. 8. AS 47.12.160(f) is amended to read:                                                                      
07 (f)  Notwithstanding another provision of law, the court shall accept (1)                                               
08 payments of restitution from a minor and the minor's parent at any time, and (2)                                        
09 prepayments of restitution or payments in anticipation of an order of restitution. [IF                                  
10 THE RECIPIENT HAS ELECTED TO HAVE THE DEPARTMENT OF LAW                                                                 
11 COLLECT THE JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE                                                          
12 COURT SHALL FORWARD ALL PAYMENTS OF RESTITUTION TO THE                                                                  
13 DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER THE COURT'S                                                                    
14       ACCEPTANCE.]                                                                                                      
15    * Sec. 9. AS 47.12.170(c) is amended to read:                                                                      
16 (c)  The court shall forward a copy of the restitution order to the department                                          
17 and the office of victims' rights when the order is entered. Upon receipt of the order,                             
18 the department shall send a notice to the recipient regarding the recipient's rights under                              
19 this section, including the right to elect to enforce the order of restitution without the                              
20 assistance of the Department of Law and of the possibility of and procedure for                                     
21 receiving payment from the restorative justice account. When 90 [30] days have                                  
22 passed since the recipient received the notice, or when the department receives the                                     
23 recipient's response to the notice, whichever is earlier, the department shall send to the                              
24 Department of Law a copy of the order of restitution; the name, date of birth, social                                   
25 security number, and current address of the recipient, the minor, and the minor's                                       
26 parent; the notice sent to the recipient under this subsection; and the recipient's                                     
27 response, if any. If a response from the recipient reaches the department after the                                     
28 department has sent the order of restitution and other information to the Department of                                 
29 Law under this subsection, the department shall immediately send the response to the                                    
30 Department of Law. The information provided to the Department of Law and the                                        
31 office of victims' rights under this subsection is confidential and is not open to                                  
01 inspection as a public record under AS 40.25.110. The Department of Law, the office                                 
02 of victims' rights, or [ITS] agents for the Department of Law or office of victims'                             
03 rights may not disclose the information except as necessary to collect on the                                       
04       restitution.                                                                                                      
05    * Sec. 10. AS 47.12.170(d) is amended to read:                                                                     
06 (d)  The Department of Law may not begin collection procedures on the order                                             
07 of restitution until the recipient has been given notice under (c) of this section and has                              
08 been given 90 [30] days after receipt of notice to elect to collect the restitution without                         
09 the assistance of the Department of Law. A recipient may inform the Department of                                       
10 Law at a later time of the recipient's election to collect the restitution without the                                  
11 assistance of the Department of Law; upon receipt of the information, the Department                                    
12 of Law may no longer proceed with collection efforts on behalf of the recipient. A                                      
13 recipient who has elected under this section to collect restitution without the assistance                              
14 of the Department of Law may not later request the services of that department to                                       
15       collect the restitution.                                                                                          
16    * Sec. 11. This Act takes effect July 1, 2018.