02/08/2024 03:00 PM House STATE AFFAIRS

                HB 286-CRIME VICTIM RESTITUTION                                                                             
                                                                                                                                
4:06:40 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  final order of business  would be                                                               
HOUSE BILL  NO. 286, "An  Act relating to victim  restitution and                                                               
compensation."                                                                                                                  
                                                                                                                                
4:07:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JULIE  COULOMBE,  Alaska  State  Legislature,  as                                                               
prime sponsor, introduced HB 286,  which clarifies current Alaska                                                               
statute regarding victim restitution  for crimes.  Currently, the                                                               
statute  allows the  court to  order a  defendant convicted  of a                                                               
crime to make  restitution to the victim of that  crime for costs                                                               
related to  counseling, medical,  and shelter  services, however,                                                               
the statute  does not provide  clarity about what other  types of                                                               
services qualify.  This has  resulted in fewer prosecutors asking                                                               
for  certain  types of  restitution.    The proposed  bill  would                                                               
clarify that  lost income, childcare,  eldercare, transportation,                                                               
or any  other expenses incurred  during a  victim's participation                                                               
in  legal  action related  to  the  case  would be  eligible  for                                                               
restitution.    It  would  strengthen  the  victims'  ability  to                                                               
receive compensation  for costs  related to  their time  spent in                                                               
court and make it more  difficult for victim defendants to appeal                                                               
restitution payment.   She noted  the relevance of this  issue in                                                               
domestic violence cases.                                                                                                        
                                                                                                                                
4:09:15 PM                                                                                                                    
                                                                                                                                
JORDAN  WRIGHT,  Staff,  Representative  Julie  Coulombe,  Alaska                                                               
State Legislature, on behalf  of Representative Coulombe provided                                                               
a PowerPoint  presentation, titled  "HB 286" [hard  copy included                                                               
in  the committee  packet].   He began  on slide  2, titled  "The                                                               
Office  of  Victims  Rights," which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     What is their history?                                                                                                     
     OVR  was created  similarly to  an Inspector  General's                                                                    
     office                                                                                                                     
     •  It  is  within   the  legislative  branch  to  avoid                                                                    
     conflicts with state government organizations                                                                              
     •  Ensures  that  the   director  has  independence  to                                                                    
     investigate   criminal   justice  agencies   and   make                                                                    
     appropriate recommendations                                                                                                
                                                                                                                                
     What do they do?                                                                                                           
     • Provides advocacy in court on behalf of victims                                                                          
     • Investigates the complaints of victims                                                                                   
     •  Obtains information  from  various criminal  justice                                                                    
     agencies                                                                                                                   
                                                                                                                                
     How are they funded?                                                                                                       
     • OVR is funded by  money from forfeited permanent fund                                                                    
     dividend (PFD) checks of convicts                                                                                          
     • Alaska  Statute 43.23.005 is the  law that determines                                                                    
     a person's eligibility to receive a PFD                                                                                    
     •  A person  is disqualified  from receiving  a PFD  if                                                                    
     during  the dividend  year they  have  either (1)  been                                                                    
     convicted of  a felony,  (2) spent time  in jail  for a                                                                    
     felony  conviction,  or  (3)  jailed  for  their  third                                                                    
     misdemeanor  conviction  during  the dividend  year  if                                                                    
     they have ever been convicted of a felony at any time                                                                      
                                                                                                                                
MR.   WRIGHT  moved   to  slide   3,   titled  "Current   Statute                                                               
Clarification,"  which  read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Clarifies that  restitution can be granted  to a victim                                                                    
     for expenses  incurred due to the  crime, participation                                                                    
     in the investigation or prosecution  of the offense, or                                                                    
     attendance   at  court   proceedings  related   to  the                                                                    
     offense. Those  expenses include,  but are  not limited                                                                    
     to,  the value  of lost  income, necessary  child care,                                                                    
     elder care, transportation, and other expenses.                                                                            
                                                                                                                                
MR. WRIGHT  moved to slide  4, titled "Purpose of  new language?"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     To  strengthen the  ability of  prosecutors to  ask for                                                                    
     compensation  for categories  such  as  lost wages  and                                                                    
     childcare.                                                                                                                 
                                                                                                                                
CHAIR SHAW  asked Mr. Wright  to provide a sectional  analysis of                                                               
HB 286.                                                                                                                         
                                                                                                                                
MR.  WRIGHT  provided  a sectional  analysis,  [included  in  the                                                               
committee  packet] which  read as  follows [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 1: Amends AS 12.55.045(a)-  Page 1, Lines 10-14                                                                    
     as  follows: Restitution  to a  victim or  other person                                                                    
     injured by  the offense  includes compensation  for the                                                                    
     value  of  lost  income, necessary  child  care,  elder                                                                    
     care,  transportation,  and   other  expenses  incurred                                                                    
     during the victim's or  other person's participation in                                                                    
     the  investigation or  prosecution  of  the offense  or                                                                    
     attendance   at  court   proceedings  related   to  the                                                                    
     offense.                                                                                                                   
                                                                                                                                
     Section 2:  The uncodified law  of the State  of Alaska                                                                    
     is   amended  by   adding  a   new  section   to  read:                                                                    
     APPLICABILITY. AS  12.55.045(a), as  amended by  sec. 1                                                                    
     of this Act, applies to  an order of restitution for an                                                                    
     offense  committed on  or after  the effective  date of                                                                    
     this Act.                                                                                                                  
                                                                                                                                
4:11:40 PM                                                                                                                    
                                                                                                                                
CHAIR  SHAW provided  several names  of individuals  available to                                                               
answer questions about HB 286.  He introduced invited testimony.                                                                
                                                                                                                                
4:12:33 PM                                                                                                                    
                                                                                                                                
KATHERINE  HANSEN,  Senior  Staff   Attorney,  Alaska  Office  of                                                               
Victims' Rights,  testified in  support of  HB 286  and explained                                                               
that the bill  was requested by the Office of  Victims' Rights in                                                               
response  to  Court of  Appeals  decisions  from 2022  and  2023.                                                               
These cases stated that whether  victims of crimes can be awarded                                                               
criminal restitution  is an  open question.   She  referenced two                                                               
unpublished  court   cases,  Keen  Smith  vs.   State  of  Alaska                                                               
2022WL3226305 and Seeley vs. State of Alaska 2023WL2783265.                                                                     
                                                                                                                                
MS.  HANSEN said  that federal  law expressly  allows restitution                                                               
for crime victims, including loss  of income, necessary childcare                                                               
transportation and  other expenses incurred  during investigation                                                               
and  prosecution of  the offense.   Other  courts have  permitted                                                               
restitution under  these circumstances.   She  said HB  286 would                                                               
provide  clarity  for what  restitution  is  available for  crime                                                               
victims.    It  would  streamline  the  judicial  process.    She                                                               
provided two  case examples that  are currently  under litigation                                                               
in which the crime victims  need restitution but aren't currently                                                               
provided it.   Lost  wages have  been awarded  in cases  that are                                                               
considered by the Violent Crimes  Compensation Board.  Money from                                                               
the board is  awarded only to those who ask  and does not include                                                               
all  types  of  crime.    The  proposed  bill  is  necessary  for                                                               
restitution to be applied to all crime victims.                                                                                 
                                                                                                                                
4:19:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD asked  about a  retroactive dollar  amount                                                               
for victims of violent crimes.                                                                                                  
                                                                                                                                
MS.  HANSEN  explained  that  restitution is  a  component  of  a                                                               
criminal  offender being  sentenced.   The  principles of  double                                                               
jeopardy prevent the opportunity for retroactive restitution.                                                                   
                                                                                                                                
4:20:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER asked  about lines  6 through  8 of  HB
.                                                                                                                            
                                                                                                                                
4:21:45 PM                                                                                                                    
                                                                                                                                
MS. HANSEN deferred to the Department of Law (DOL).                                                                             
                                                                                                                                
REPRESENTATIVE  CARPENTER  asked  for  an  understanding  of  the                                                               
testifiers' experience with clients regarding HB 286.                                                                           
                                                                                                                                
MS.  HANSEN responded  that there  is a  constitutional provision                                                               
that  requires restitution.   There  are principles  of statutory                                                               
interpretation that would be aided  by the clarity of language as                                                               
read in HB 286.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CARPENTER offered to follow up with DOL.                                                                         
                                                                                                                                
REPRESENTATIVE  STORY asked  if there  would be  legal fees  that                                                               
offenders would be responsible for.                                                                                             
                                                                                                                                
MS.  HANSEN explained  that the  language  in HB  286 is  modeled                                                               
after the federal statute currently  in existence so that decided                                                               
case law  can be  used in  application of cases  in Alaska.   She                                                               
sought clarification of Representative Story's question.                                                                        
                                                                                                                                
REPRESENTATIVE  STORY wondering  if  there is  any  way a  victim                                                               
could be compensated for legal fees.                                                                                            
                                                                                                                                
MS.  HANSEN stated  that  related litigation  in  civil court  is                                                               
absorbed through  contingency fees or as  part of the award  in a                                                               
related civil litigation.  She  noted that the Office of Victims'                                                               
Rights offers  a free service  to all  crime victims that  is not                                                               
income-based.                                                                                                                   
                                                                                                                                
4:25:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER asked  to follow up with DOL.   He asked                                                               
about lines 6-8  on page 2 of  HB 286.  He sought  to clarify the                                                               
meaning  of "public  policy" and  whether  those public  policies                                                               
would  help  or  hinder  a  court's  discretion  in  establishing                                                               
restitution awards.                                                                                                             
                                                                                                                                
4:26:50 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law, noted that  those subsections were added to HB
 to  provide more guidance  to courts.   She said HB  286 will                                                               
create   a  positive   impact  for   courts  and   those  seeking                                                               
restitution.   In  response to  a follow-up  questions, she  said                                                               
that  public  policy  is  defined   as  an  expression  from  the                                                               
legislature through statute.                                                                                                    
                                                                                                                                
4:28:00 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW provided closing remarks.                                                                                            
                                                                                                                                
[HB 286 was held over.]