04/20/2000 09:10 AM Senate FIN

CS FOR HOUSE BILL NO. 372(JUD)                                                                                                  
"An Act relating to criminal sentencing and                                                                                     
restitution."                                                                                                                   
                                                                                                                                
                                                                                                                                
PETER TORKELSON, Staff to Representative Dyson stated the                                                                       
goal of this legislation was for crimes involving an                                                                            
individual against another, bur rather for arson where a                                                                        
life is possibly threatened, or for property damage.  He                                                                        
added that in these instances the court may permit a victim                                                                     
and offender to work out a sentence that meets the needs of                                                                     
the victim and in the courts opinion, serves the interest                                                                       
of justice.  He continued that if for some reason the                                                                           
defendant did not follow through on the agreed terms, the                                                                       
standard, criminal penalty could be applied.  He noted that                                                                     
in other states these programs have proven to be very                                                                           
effective.                                                                                                                      
                                                                                                                                
Senator Leman asked what the process was for approaching                                                                        
the community for input into a criminal's sentences, in                                                                         
other words, who would be participating in this process.                                                                        
                                                                                                                                
Mr. Torkelson responded that in some cases a crime may not                                                                      
have one specific victim, for example, a public building is                                                                     
damaged in downtown Anchorage.  He pointed out that the                                                                         
victim in this case might be the Downtown Merchant's                                                                            
Association and one of their representatives might suggest                                                                      
that in lieu of a fine, that the defendant help restore                                                                         
what damage has been inflicted on this piece of property.                                                                       
                                                                                                                                
Senator Leman asked that in an instance such as this one,                                                                       
whether some type of advertisement might be appropriate so                                                                      
other citizens are aware that this option is available.                                                                         
                                                                                                                                
Mr. Torkelson responded that as part of its intent, this                                                                        
legislation allows for announcements about the program.  He                                                                     
remarked that literal advertisements would be up to a                                                                           
judge's discretion.                                                                                                             
                                                                                                                                
REPRESENTATIVE DYSON stated that in essence, all justice                                                                        
systems throughout history have aimed at the restoration of                                                                     
the victim to a pre-offense condition.  He pointed out that                                                                     
now, a criminal makes payment to governmental entities                                                                          
rather than to the victim.  He noted that this legislation                                                                      
would rectify this situation.  He added that this                                                                               
legislation would require an offender to work to repay the                                                                      
community or the victim for their crime.                                                                                        
                                                                                                                                
Co-Chair Parnell referred to Section 3 of the bill, which                                                                       
allows for the court's ability to set aside a proposed                                                                          
amount, unless the defendant at sentencing establishes by                                                                       
clear and convincing evidence the inability to pay the                                                                          
amount proposed.  He pointed out that presently, a                                                                              
defendant is required to show by a preponderance of the                                                                         
evidence his or her inability to pay.  He wondered why this                                                                     
standard with this legislation would be changed from                                                                            
preponderance, to clear and convincing.                                                                                         
                                                                                                                                
Mr. Torkelson responded that the Department of Law felt as                                                                      
though the proposed draft language was crafted in a double                                                                      
negative manner and difficult to apply.  He continued that                                                                      
the language was then crafted to reflect the clear and                                                                          
convincing standard that now exists.                                                                                            
                                                                                                                                
Co-Chair Parnell made a motion to move HB 372 with                                                                              
individual recommendations and a Department of Corrections                                                                      
zero fiscal note from Committee.  Hearing no objection, HB
 was MOVED FROM COMMITTEE.