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.