CSSSHB 216(JUD): "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 contributions from dividends; relating to delinquent minors; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216(JUD) 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 contributions from 07 dividends; relating to delinquent minors; 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. If the Department of Law receives a response to the notice 24 before the 90-day period, the Department of Law may begin collection on the 25 restitution. A recipient may inform the Department of Law at a later time of the 26 recipient's election to collect the restitution without the assistance of the Department 27 of Law; upon receipt of that information, the Department of Law may no longer 28 proceed with collection efforts on behalf of the recipient. A recipient who has elected 29 under this section to collect restitution without the assistance of the Department of 30 Law may not later request the services of that department to collect the restitution. 31 * Sec. 4. AS 24.65 is amended by adding a new section to read:
01 Sec. 24.65.105. Payment of restitution. (a) Subject to appropriation, the 02 office of victims' rights is authorized to pay outstanding balances on orders of 03 restitution under AS 12.55.045 of AS 47.12.120. The office of victims' rights shall 04 coordinate and make payments from the restorative justice account (AS 43.23.048) in 05 accordance with the priority in (b) of this section. A crime victim may receive not 06 more than $10,000 from the restorative justice account, regardless of the amount of the 07 order of restitution. 08 (b) The office of victims' rights shall make restitution payments to eligible 09 victims in the following priority order: 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 to provide grants for services for crime 09 victims and domestic violence and sexual assault programs; 10 (4) nonprofit organizations to provide grants for mental health services 11 and substance abuse treatment for offenders; 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 43.23.062(a) is amended to read: 07 (a) Notwithstanding AS 43.23.069, the Department of Revenue shall prepare 08 the electronic Alaska permanent fund dividend application to allow an applicant who 09 files electronically to direct that money be subtracted from the dividend payment and 10 contributed to the crime victim compensation fund (AS 18.67.162), the peace officer 11 and firefighter survivors' fund, or [TO] one or more of the educational organizations, 12 community foundations, or charitable organizations that appear on the contribution list 13 contained in the application. A contribution to the crime victim compensation fund, 14 the peace officer and firefighter survivors' fund or to an organization may be $25, $50, 15 $75, $100, or more, in increments of $50, up to the total amount of the permanent fund 16 dividend that the applicant is entitled to receive. If the total amount of contributions 17 elected by an applicant exceeds the amount of the permanent fund dividend that the 18 applicant is entitled to receive, contributions shall be deducted from the dividend in 19 the order of priority elected by the applicant on the application until the entire amount 20 of the dividend that the applicant is entitled to receive is allocated for contribution. 21 The electronic dividend application form must include notice that seven percent of the 22 money contributed will be used for administrative costs incurred in implementing this 23 section, and money from the dividend fund will not be used for that purpose. 24 * Sec. 9. AS 43.23.062(b) is amended to read: 25 (b) The department shall list each educational organization, community 26 foundation, or charitable organization eligible under (c) and (d) of this section, each 27 university campus that applies under (l) of this section, the crime victim 28 compensation fund, and the peace officer and firefighter survivors' fund on the 29 contribution list. The department shall maintain an electronic database for the 30 contribution list that is accessible to the public and that permits searches by 31 organization or fund name, geographic location, and type. The department shall
01 provide a statement of the contributions made by an individual that is suitable for 02 federal income tax purposes to each individual who elects to contribute under (a) of 03 this section. 04 * Sec. 10. AS 43.23.062(m) is amended to read: 05 (m) In addition to the application fee in (f) of this section, the department shall 06 withhold a coordination fee from each organization, foundation, or university campus 07 that receives contributions under this section in the immediately preceding dividend 08 year. The coordination fee for an organization, foundation, or university campus that 09 receives contributions under this section shall be seven percent of the amount of 10 contributions reported by the department under (j) of this section for the organization, 11 foundation, or university campus for the immediately preceding dividend year. The 12 coordination fee shall be separately accounted for under AS 37.05.142 and shall be 13 accounted for separately from the application fee collected under (f) of this section. 14 The annual estimated balance in the account maintained under AS 37.05.142 for 15 coordination fees collected under this subsection may be appropriated for costs of 16 administering this section. The department may not withhold a coordination fee for 17 contributions to the crime victim compensation fund or the peace officer and 18 firefighter survivors' fund. 19 * Sec. 11. AS 47.12.160(f) is amended to read: 20 (f) Notwithstanding another provision of law, the court shall accept (1) 21 payments of restitution from a minor and the minor's parent at any time, and (2) 22 prepayments of restitution or payments in anticipation of an order of restitution. [IF 23 THE RECIPIENT HAS ELECTED TO HAVE THE DEPARTMENT OF LAW 24 COLLECT THE JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE 25 COURT SHALL FORWARD ALL PAYMENTS OF RESTITUTION TO THE 26 DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER THE COURT'S 27 ACCEPTANCE.] 28 * Sec. 12. AS 47.12.170(c) is amended to read: 29 (c) The court shall forward a copy of the restitution order to the department 30 and the office of victims' rights when the order is entered. Upon receipt of the order, 31 the department shall send a notice to the recipient regarding the recipient's rights under
01 this section, including the right to elect to enforce the order of restitution without the 02 assistance of the Department of Law and of the possibility of and procedure for 03 receiving payment from the restorative justice account. When 90 [30] days have 04 passed since the recipient received the notice, or when the department receives the 05 recipient's response to the notice, whichever is earlier, the department shall send to the 06 Department of Law a copy of the order of restitution; the name, date of birth, social 07 security number, and current address of the recipient, the minor, and the minor's 08 parent; the notice sent to the recipient under this subsection; and the recipient's 09 response, if any. If a response from the recipient reaches the department after the 10 department has sent the order of restitution and other information to the Department of 11 Law under this subsection, the department shall immediately send the response to the 12 Department of Law. The information provided to the Department of Law and the 13 office of victims' rights under this subsection is confidential and is not open to 14 inspection as a public record under AS 40.25.110. The Department of Law, the office 15 of victims' rights, or [ITS] agents for the Department of Law or office of victims' 16 rights may not disclose the information except as necessary to collect on the 17 restitution. 18 * Sec. 13. AS 47.12.170(d) is amended to read: 19 (d) The Department of Law may not begin collection procedures on the order 20 of restitution until the recipient has been given notice under (c) of this section and has 21 been given 90 [30] days after receipt of notice to elect to collect the restitution without 22 the assistance of the Department of Law. If the Department of Law receives a 23 response to the notice before the 90-day period, the Department of Law may 24 begin collection on the restitution. A recipient may inform the Department of Law at 25 a later time of the recipient's election to collect the restitution without the assistance of 26 the Department of Law; upon receipt of the information, the Department of Law may 27 no longer proceed with collection efforts on behalf of the recipient. A recipient who 28 has elected under this section to collect restitution without the assistance of the 29 Department of Law may not later request the services of that department to collect the 30 restitution. 31 * Sec. 14. This Act takes effect July 1, 2018.