2001-02-19                     House Journal                      Page 0365
HB 133                                                                                            
HOUSE BILL NO. 133 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act 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; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Law                                                                            

2001-02-19                     House Journal                      Page 0366
The Governor's transmittal letter dated February 16, 2001, appears                                  
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
Victims of crime or delinquent acts have had their integrity and their                              
sense of security undermined.  Their property is often lost or damaged.                             
As a means to recover some measure of economic and psychological                                    
wholeness, the court may order an offender to pay restitution to the                                
victim.  Unfortunately, many victims never receive that repayment for                               
monetary loss or damages caused by an offender.  Those who do often                                 
had to first struggle through a frustrating and confusing system.                                   
                                                                                                    
This bill I am transmitting today addresses this gross injustice by                                 
setting up a simple restitution collection program for victims.  Under                              
this proposal, the system will work for the victim, instead of forcing                              
the victim to work the system.                                                                      
                                                                                                    
The bill authorizes the Department of Law (department) to collect                                   
restitution payments on behalf of victims.  The department already has                              
expertise in collecting money due the state.  Extending this authority                              
to restitution collection will help victims in a concrete and useful way.                           
Under this collection authority, the department will be able to attach                              
Permanent Fund Dividends, garnish wages, and take other measures to                                 
seek full restitution payment to victims.                                                           
                                                                                                    
The bill also identifies a source of money to pay victim restitution --                             
money or other security that has been forfeited to the court as a result                            
of a defendant's violation of bail or conditions of release.  Currently,                            
those forfeited assets are deposited in the state general fund.  The state                          
would be able to seek a separate judgment to replace any of this                                    
forfeited money to the general fund.  This provision essentially puts                               
the victim in a priority creditor status, but retains the defendant's                               
obligation to pay or forfeit the full amounts ordered by the court.                                 
                                                                                                    
Criminal justice professionals today tout the value of restorative                                  
justice.  Basic restorative justice principles include holding offenders                            
accountable for their conduct that harms victims and the community.                                 
Accountability means accepting responsibility and taking action to                                  
repair the harm done to the victim.  This bill recognizes a key element                             

2001-02-19                     House Journal                      Page 0367
of restorative justice - restitution - and makes that element a reality by                          
strengthening collection efforts for crime victims.                                                 
                                                                                                    
I urge your prompt and favorable consideration of this important                                    
legislation.                                                                                        
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"