Legislature(2015 - 2016)BUTROVICH 205
03/09/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB5 | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 51 | TELECONFERENCED | |
| += | SB 5 | TELECONFERENCED | |
| += | SB 41 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 5-RESTITUTION: PROPERTY AND INCOME LOSS
1:35:28 PM
CHAIR MCGUIRE announced the consideration of SB 5. "An Act
relating to loss of income and valuing property for orders of
restitution."
SENATOR MICCICHE expressed hope that the committee was ready to
move the bill. He stated that loss of income should be included
as restitution, actual damage should be considered, and the
victim should be made as whole as possible, depending on the
financial capacity of the perpetrator.
CHAIR MCGUIRE inquired if there was any further public
testimony. Finding none, she closed public testimony.
1:36:27 PM
SENATOR WIELECHOWSKI voiced concern about creating debtor
prisons. He provided a hypothetical example of a young person
making a mistake that follows them through life. He acknowledged
that nobody came forward to testify about that and the public
defender didn't express concern.
SENATOR COGHILL pointed out that there is a prohibition against
debtor prisons in the constitution.
SENATOR MICCICHE said he isn't interested in keeping someone in
prison; his goal would be to get them earning as soon as
possible and take a fair portion of those earnings. SB 5 says
loss of income and the actual value of the item should be
considered for restitution. He doesn't believe in debtor prison
or indentured servitude. The goal is to allow the perpetrator to
be responsible. He acknowledged that complete restitution will
not be possible in many cases.
SENATOR COGHILL offered to provide the citation from the Alaska
Constitution.
CHAIR MCGUIRE noted Senator Wielechowski made the point that the
bill uses "shall" and the hope is that every judge would have
some discretion. She said it's good to put it on the record that
debtor's prison isn't allowed in Alaska. She agreed with Senator
Micciche that there is a real value to the losses that people
suffer and that it's an important policy to change. She asked
Senator Wielechowski if he wanted to offer an amendment.
SENATOR WIELECHOWSKI answered no. He supports victims being
fully compensation, but wanted to say it for the record. He's
pleased that there is no intent to put people in jail if they
can't meet the restitution payment. He noted that the bill says
that courts "shall take into account" and make an appropriate
order.
1:40:40 PM
SENATOR COGHILL motioned to report SB 5, version H, from
committee with individual recommendations and no fiscal note.
CHAIR MCGUIRE announced that without objection, SB 5 is reported
from the Senate Judiciary Standing Committee.