03/10/1993 01:12 PM House FIN

  HOUSE BILL NO. 151                                                           
                                                                               
       "An Act  relating to  payment by  indigent persons  for                 
       legal services and related costs;  and providing for an                 
       effective date."                                                        
                                                                               
  CHRIS CHRISTENSEN, III,  STAFF COUNSEL, ALASKA  COURT SYSTEM                 
  provided  members  with a  letter  dated February  28, 1993,                 
  explaining CSHB 151 (JUD) (Attachment 7).  He observed  that                 
  CSHB 151  (JUD) was introduced by the Judiciary Committee at                 
  the request of  the Supreme  Court.  Under  both the  United                 
  States and  Alaska Constitutions, a  criminal defendant  has                 
  the right to an attorney.   The State must appoint attorneys                 
  to defendants that cannot afford representation.                             
                                                                               
  Mr.  Christensen  observed  that  in  1990  the  Legislature                 
  amended  AS 18.85.120 (c)  to allow judgments  to be entered                 
  against  defendants represented  by the  Public Defender  or                 
  OPA.  If a  defendant became solvent the judgement  would be                 
  enforced.  Judgments could not  be collected for three years                 
  following incarceration.                                                     
                                                                               
  He explained that HB 151 would allow judgments to be entered                 
  against  defendants  who  are  represented  by   the  public                 
  defender or OPA  whether or not the  defendant is convicted.                 
  Indigent  defendants  would  be  treated  the same  as  non-                 
  indigent defendants.   In addition,  HB 151 would  eliminate                 
  the   three   year   moratorium   on   repayment   following                 
  incarceration.                                                               
                                                                               
  Representative Grussendorf  expressed concern that  CSHB 151                 
  (JUD) would  prevent innocent indigent persons  from seeking                 
  counsel.                                                                     
                                                                               
  Co-Chair  Larson  presented members  with  a proposed  House                 
  Finance  as  for CSHB  151 (JUD)  (Attachment  8).   He also                 
  provided members with an analysis of the proposed changes to                 
  CSHB 151 (JUD) (Attachment 9).                                               
                                                                               
                                                                               
                               12                                              
                                                                               
                                                                               
  Co-Chair MacLean MOVED  to adopt the proposed as, Work Draft                 
  8-LS0618\E, dated 3/10/93.  Representative Parnell  OBJECTED                 
  for purpose of discussion.                                                   
                                                                               
  Representative Brown  asked that CSHB  151 (JUD) be  HELD in                 
  Committee.   She expressed  concerns with  how poor  persons                 
  access to the criminal justice system will be effected.  She                 
  asked what  will be  accomplished by  taking resources  from                 
  indigent individuals.                                                        
                                                                               
  Co-Chair MacLean reviewed  the proposed  as.  She  explained                 
  changes to CSHB 151 (JUD): (See Attachment 9)                                
                                                                               
       *    Expands the title;                                                 
                                                                               
       *    Takes  out language that  would require people who                 
            are acquitted to pay for  costs of legal services.                 
            This change returns to existing  law that, "upon a                 
            person's  conviction,  the   court  may  enter   a                 
            judgement...";                                                     
                                                                               
       *    Takes out language  that could allow the  court to                 
            impose  costs for services  and facilities.   This                 
            change  narrows  CSHB 151  (JUD)  to the  costs of                 
            representation;                                                    
                                                                               
       *    Allows  delay  of  payment if  the  case  is under                 
            appeal;                                                            
                                                                               
       *    Allows the court to remit  or reduce the judgement                 
            or to change the  method of payment if there  is a                 
            hardship on the defendant or his family;                           
                                                                               
       *    Adds a report requirement to  review and study the                 
            effect of the law.                                                 
                                                                               
  Representative Martin asked if the report is necessary.  Co-                 
  Chair MacLean stressed that the Committee Substitute will be                 
  revenue  enhancing.    She  felt  that  a   study  would  be                 
  inexpensive.  Co-Chair  MacLean asked  why the Alaska  Court                 
  System  did  not supply  a  fiscal note  reflecting enhanced                 
  revenues.   She  noted  the Office  of  Public Advocacy  has                 
  estimated that the  legislation would  result in $3  million                 
  dollars a year.                                                              
                                                                               
  Mr. Christensen stressed that there would be no financial or                 
  administrative  benefit  to the  court.   He  clarified that                 
  income resulting from  the legislation will be  deposited in                 
  the General Fund.   He suggested that the Department  of Law                 
  and the Department of Corrections would incur administrative                 
  savings.                                                                     
                                                                               
                                                                               
                               13                                              
                                                                               
                                                                               
  MARILYN MAY, ASSISTANT ATTORNEY  GENERAL, DEPARTMENT OF  LAW                 
  clarified that 1200 judgments have been issued since July 1,                 
  1992.  The judgments are worth approximately $240.0 thousand                 
  dollars.    One  hundred  and  Twenty-three have  been  paid                 
  voluntarily.    The Department  of  Law has  collected $21.0                 
  thousand dollars.                                                            
                                                                               
  Ms. May emphasized  that there  is an administrative  burden                 
  since some judgments  cannot be  executed immediately.   The                 
  Department  of   Law  coordinate  with  the   Department  of                 
  Corrections to determine  when collections  can begin.   She                 
  asserted that an additional  administrative burden is caused                 
  by  a  hardship  provision  which  allows petitions  to  the                 
  Department.   She  stated  that the  Department  of Law  can                 
  comply  with  the  reporting  provision  with  the  existing                 
  computer system.                                                             
                                                                               
  CSHB 151 (JUD) was HELD in Committee.