04/12/1993 02:25 PM Senate JUD

 SENATOR TAYLOR introduced  CSHB 151(FIN)  (PAYMENT BY INDIGENTS               
 FOR LEGAL SERVICES) as the next order of business.                            
                                                                               
 CHRIS CHRISTENSEN, Legal Counsel to the Judicial Branch,                      
 explained the legislation was introduced at the request of the                
 Alaska Supreme Court.                                                         
                                                                               
 Mr. Christensen explained that until 1990, Alaska Statutes                    
 authorized the court to order a defendant to pay for defense                  
 services to the extent that the defendant could afford to pay                 
 at that time.  For a variety of reasons the statute was                       
 ineffective in obtaining repayment of defense costs from                      
 indigent defendants.                                                          
                                                                               
 In 1990, at the request of the Supreme Court, the legislature                 
 amended AS 18.85.120 to allow civil judgments to be entered                   
 against defendants who were represented by the public defender                
 of the Office of Public Advocacy without considering the                      
 defendant's current ability to pay.  This change ensured the                  
 indigent defendants would receive counsel, but that if they                   
 ever became non-indigent at some later time, they would repay                 
 some small percentage of the cost of their representation.                    
 One major problem with the statute as enacted in 1990 was that                
 it allowed a three-year moratorium on repayment following a                   
 person's release from incarceration.  This moratorium                         
 currently makes it substantially more difficult for the state                 
 to recover defense costs in a timely manner and imposes a very                
 expensive administrative burden on the Department of Law.                     
                                                                               
 Mr. Christensen said outlined the following changes to AS                     
 18.83.120 that are contained in CSHB 151(Fin):  (1)  removal                  
 of the three-year moratorium; and (2)  codification of                        
 language that is currently contained in Criminal Rule 39.                     
                                                                               
 Number 540                                                                    
                                                                               
 SENATOR TAYLOR asked what portion of the actual cost of                       
 attorney's fees they anticipate getting repaid.  CHRIS                        
 CHRISTENSEN answered that under Criminal Rule 39 the charges                  
 that will be imposed on criminal defendants are extremely low                 
 compared to what a private sector attorney would charge.  The                 
 money will be collected by the fines collection attorney in                   
 the AG's office, and they have estimated that with the changes                
 made in the legislation they would probably collect $850,000                  
 the first year.  He added it is a substantial sum of money and                
 it will do a good deal to help offset the tremendous costs                    
 that are incurred each year by the state in providing public                  
 defender services.                                                            
                                                                               
 TAPE 93-42, SIDE B                                                            
                                                                               
 Number 005                                                                    
                                                                               
 CHRIS CHRISTENSEN further explained that the system that was                  
 enacted in 1990 and which this legislation modifies is a civil                
 judgment.  With a civil judgement, the defendant has the                      
 protection of the Alaska Exemptions Act, which is designed to                 
 prevent people from being wiped out by their creditors.  Also,                
 this statute would say that if a person can demonstrate                       
 manifest hardship to their family to the judge, the judge can                 
 even say to protect their PFD.  He stressed that they are not                 
 zeroing in on indigents, rather these are people who have                     
 gotten back on their feet and the amount they would collect                   
 is small so as not to force them back into indigentcy.                        
                                                                               
 Number 060                                                                    
                                                                               
 SENATOR TAYLOR asked for the pleasure of the committee.                       
                                                                               
 SENATOR HALFORD moved that CSHB 151(FIN) be passed out of                     
 committee with individual recommendations.  SENATOR LITTLE                    
 objected.  The roll was taken with the following result:                      
 Senators Halford, Jacko and Taylor voted "Yea," and Senator                   
 Little voted "Nay."  The Chair stated the motion passed.