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.