30-LS1356\A
SENATE BILL NO. 195
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTIETH LEGISLATURE - SECOND SESSION
BY SENATOR HUGHES
Introduced: 2/19/18
Referred: Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to restitution; relating to the office of victims' rights; relating to
2 transfers from the dividend fund; creating the restorative justice account; relating to
3 appropriations from the restorative justice account for services for and payments to
4 crime victims, operating costs of the Violent Crimes Compensation Board, operation of
5 domestic violence and sexual assault programs, mental health services and substance
6 abuse treatment for offenders, and incarceration costs; relating to contributions from
7 dividends; relating to delinquent minors; and providing for an effective date."
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
9 * Section 1. AS 12.55.045(m) is amended to read:
10 (m) Notwithstanding another provision of law, the court shall accept (1)
11 payments of restitution from a defendant at any time, and (2) prepayments of
12 restitution or payments in anticipation of an order of restitution. [IF THE RECIPIENT
13 HAS ELECTED TO HAVE THE DEPARTMENT OF LAW COLLECT THE
SB0195A -1- SB 195
New Text Underlined [DELETED TEXT BRACKETED]
 30-LS1356\A
1 JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE COURT SHALL
2 FORWARD ALL PAYMENTS OF RESTITUTION TO THE DEPARTMENT OF
3 LAW WITHIN FIVE DAYS AFTER THE COURT'S ACCEPTANCE.]
4 * Sec. 2. AS 12.55.051(f) is amended to read:
5 (f) The court shall forward a copy of an order of restitution to the Department
6 of Law and the office of victims' rights when the judgment is entered. Along with
7 the copy of the order, the court shall provide the name, date of birth, social security
8 number, and current address of the recipient of the restitution and the defendant, to the
9 extent that the court has that information in its possession. Upon receipt of the order
10 and other information from the court, the Department of Law shall send a notice to the
11 recipient regarding the recipient's rights under this section, including the right to elect
12 to enforce the order of restitution without the assistance of the Department of Law and
13 of the possibility of and procedure for receiving payment from the restorative
14 justice account. The information provided to the Department of Law and the office
15 of victims' rights under this subsection is confidential and is not open to inspection as
16 a public record under AS 40.25.110. The Department of Law, the office of victims'
17 rights, or [ITS] agents for the Department of Law or office of victims' rights may
18 not disclose the information except as necessary to collect on the restitution.
19 * Sec. 3. AS 12.55.051(g) is amended to read:
20 (g) The Department of Law may not begin collection procedures on the order
21 of restitution until the recipient has been given notice and has been given 90 [30] days
22 after receipt of notice to elect to collect the restitution without the assistance of the
23 Department of Law. If the Department of Law receives a response to the notice
24 before the 90-day period, the Department of Law may begin collection on the
25 restitution. A recipient may inform the Department of Law at a later time of the
26 recipient's election to collect the restitution without the assistance of the Department
27 of Law; upon receipt of that information, the Department of Law may no longer
28 proceed with collection efforts on behalf of the recipient. A recipient who has elected
29 under this section to collect restitution without the assistance of the Department of
30 Law may not later request the services of that department to collect the restitution.
31 * Sec. 4. AS 24.65 is amended by adding a new section to read:
SB 195 -2- SB0195A
New Text Underlined [DELETED TEXT BRACKETED]
 30-LS1356\A
1 Sec. 24.65.105. Payment of restitution. (a) Subject to appropriation, the
2 office of victims' rights is authorized to pay outstanding balances on orders of
3 restitution under AS 12.55.045 of AS 47.12.120. The office of victims' rights shall
4 coordinate and make payments from the restorative justice account (AS 43.23.048) in
5 accordance with the priority in (b) of this section. A crime victim may receive not
6 more than $10,000 from the restorative justice account, regardless of the amount of the
7 order of restitution.
8 (b) The office of victims' rights shall make restitution payments to eligible
9 victims in the following priority order:
10 (1) a natural person;
11 (2) private businesses;
12 (3) state and local governments.
13 (c) The office of victims' rights shall adopt regulations under AS 44.62
14 (Administrative Procedure Act) to establish a process for payments of restitution
15 balances from the restorative justice account established in AS 43.23.048.
16 * Sec. 5. AS 43.23.028 is amended to read:
17 Sec. 43.23.028. Public notice. (a) By October 1 of each year, the
18 commissioner shall give public notice of the value of each permanent fund dividend
19 for that year and notice of the information required to be disclosed under (3) of this
20 subsection. In addition, the stub attached to each individual dividend disbursement
21 advice must
22 (1) disclose the amount of each dividend attributable to income earned
23 by the permanent fund from deposits to that fund required under art. IX, sec. 15,
24 Constitution of the State of Alaska;
25 (2) disclose the amount of each dividend attributable to income earned
26 by the permanent fund from appropriations to that fund and from amounts added to
27 that fund to offset the effects of inflation;
28 (3) disclose the amount by which each dividend has been reduced due
29 to each appropriation from the dividend fund, including amounts to pay the costs of
30 administering the dividend program and the hold harmless provisions of
31 AS 43.23.075;
SB0195A -3- SB 195
New Text Underlined [DELETED TEXT BRACKETED]
 30-LS1356\A
1 (4) include a statement that an individual is not eligible for a dividend
2 when
3 (A) during the qualifying year, the individual was convicted of
4 a felony;
5 (B) during all or part of the qualifying year, the individual was
6 incarcerated as a result of the conviction of a
7 (i) felony; or
8 (ii) misdemeanor if the individual has been convicted of
9 a prior felony or two or more prior misdemeanors;
10 (5) include a statement that the legislative purpose for making
11 individuals listed under (4) of this subsection ineligible is to
12 (A) provide funds for services for and payments to crime
13 victims and operating costs of the Violent Crimes Compensation Board
14 [OBTAIN REIMBURSEMENT FOR SOME OF THE COSTS IMPOSED ON
15 THE STATE CRIMINAL JUSTICE SYSTEM RELATED TO
16 INCARCERATION OR PROBATION OF THOSE INDIVIDUALS];
17 (B) provide funds to pay restitution owed to crime victims;
18 (C) provide funds for grants to nonprofit organizations for
19 services for crime victims and for mental health services and substance
20 abuse treatment for offenders;
21 (D) provide funds for the office of victims' rights;
22 (E) provide funds to the Council on Domestic Violence and
23 Sexual Assault [FOR SERVICES FOR AND PAYMENTS TO CRIME
24 VICTIMS AND] for grants for the operation of domestic violence and sexual
25 assault programs; and
26 (F) obtain reimbursement for some of the costs imposed on
27 the Department of Corrections related to incarceration or probation of
28 those individuals;
29 (6) disclose the total amount that would have been paid during the
30 previous fiscal year to individuals who were ineligible to receive dividends under
31 AS 43.23.005(d) if they had been eligible;
SB 195 -4- SB0195A
New Text Underlined [DELETED TEXT BRACKETED]
 30-LS1356\A
1 (7) disclose the total amount transferred or appropriated for the
2 current fiscal year under AS 43.23.048 [(b) OF THIS SECTION] for each of the
3 accounts, funds, and agencies listed in AS 43.23.048 [(b) OF THIS SECTION].
4 (b) To the extent that amounts appropriated for a fiscal year do not exceed the
5 total amount that would have been paid during the previous fiscal year to individuals
6 who were ineligible to receive dividends under AS 43.23.005(d) or under
7 AS 43.23.021(b) if they had been eligible, the notice requirements of (a)(3) of this
8 section do not apply to transfers [APPROPRIATIONS] from the dividend fund to the
9 restorative justice account (AS 43.23.048)
10 [(1) THE CRIME VICTIM COMPENSATION FUND
11 ESTABLISHED UNDER AS 18.67.162 FOR PAYMENTS TO CRIME VICTIMS;
12 (2) THE COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL
13 ASSAULT ESTABLISHED UNDER AS 18.66.010 FOR GRANTS FOR THE
14 OPERATION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT
15 PROGRAMS;
16 (3) THE DEPARTMENT OF CORRECTIONS FOR
17 INCARCERATION AND PROBATION PROGRAMS;
18 (4) THE OFFICE OF VICTIMS' RIGHTS;
19 (5) NONPROFIT VICTIMS' RIGHTS ORGANIZATIONS FOR
20 GRANTS FOR SERVICES TO CRIME VICTIMS; OR
21 (6) THE DEPARTMENT OF REVENUE FOR GRANTS TO MINOR
22 CHILDREN OF INCARCERATED INDIVIDUALS UNDER A GRANT
23 PROGRAM ESTABLISHED BY REGULATIONS OF THE DEPARTMENT OF
24 REVENUE UNDER AS 44.62 (ADMINISTRATIVE PROCEDURE ACT)].
25 * Sec. 6. AS 43.23 is amended by adding a new section to read:
26 Sec. 43.23.048. Restorative justice account. (a) The restorative justice
27 account is created as a separate account in the dividend fund. The commissioner shall
28 transfer from the dividend fund to the restorative justice account each fiscal year an
29 amount equal to the amount that would have been paid during the previous fiscal year
30 to individuals who were ineligible to receive dividends under AS 43.23.005(d) if they
31 had been eligible.
SB0195A -5- SB 195
New Text Underlined [DELETED TEXT BRACKETED]
 30-LS1356\A
1 (b) The legislature may appropriate amounts from the account to the following
2 recipients in the priority order listed:
3 (1) crime victim compensation fund established under AS 18.67.162
4 for payments to crime victims and for operating costs of the Violent Crimes
5 Compensation Board;
6 (2) office of victims' rights for payments to crime victims as provided
7 in AS 24.65.105 and for operating costs of the office of victims' rights;
8 (3) nonprofit organizations to provide grants for services for crime
9 victims and domestic violence and sexual assault programs;
10 (4) nonprofit organizations to provide grants for mental health services
11 and substance abuse treatment for offenders; and
12 (5) Department of Corrections for costs related to incarceration or
13 probation.
14 (c) A person who is subject to an order of restitution all or part of which is
15 paid under this section shall reimburse the state for the amount paid by the state. The
16 state may enforce payment of reimbursement under this subsection as if the
17 reimbursement were a civil judgment enforceable by execution.
18 (d) The legislature may appropriate money received under (c) of this section to
19 the restorative justice account.
20 (e) Nothing in this section creates a dedicated fund.
21 * Sec. 7. AS 43.23.055 is amended to read:
22 Sec. 43.23.055. Duties of the department. The department shall
23 (1) annually pay permanent fund dividends from the dividend fund;
24 (2) subject to AS 43.23.011 and [PARAGRAPH] (8) of this section,
25 adopt regulations under AS 44.62 (Administrative Procedure Act) that establish
26 procedures and time limits for claiming a permanent fund dividend; the department
27 shall determine the number of eligible applicants by October 1 of the year for which
28 the dividend is declared and pay the dividends by December 31 of that year;
29 (3) adopt regulations under AS 44.62 (Administrative Procedure Act)
30 that establish procedures and time limits for an individual upon emancipation or upon
31 reaching majority to apply for permanent fund dividends not received during minority
SB 195 -6- SB0195A
New Text Underlined [DELETED TEXT BRACKETED]
 30-LS1356\A
1 because the parent, guardian, or other authorized representative did not apply on
2 behalf of the individual;
3 (4) assist residents of the state, particularly in rural areas, who, because
4 of language, disability, or inaccessibility to public transportation, need assistance to
5 establish eligibility and to apply for permanent fund dividends;
6 (5) use a list of individuals ineligible for a dividend under
7 AS 43.23.005(d) provided annually by the Department of Corrections and the
8 Department of Public Safety to determine the number and identity of those
9 individuals;
10 (6) adopt regulations that are necessary to implement AS 43.23.005(d)
11 and 43.23.048;
12 (7) adopt regulations that establish procedures for the parent, guardian,
13 or other authorized representative of a disabled individual to apply for prior year
14 permanent fund dividends not received by the disabled individual because no
15 application was submitted on behalf of the individual;
16 (8) adopt regulations that establish procedures for an individual to
17 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not
18 collected within two years after the date of its issuance; however, the department may
19 not establish a time limit within which an application to have a disbursement reissued
20 must be filed;
21 (9) provide any information, upon request, contained in permanent
22 fund dividend records to the child support services agency created in AS 25.27.010, or
23 the child support enforcement agency of another state, for child support purposes
24 authorized under law; if the information is contained in an electronic data base, the
25 department shall provide the requesting agency with either
26 (A) access to the data base; or
27 (B) a copy of the information in the data base and a statement
28 certifying its contents;
29 (10) establish a fraud investigation unit for the purpose of assisting the
30 (A) Department of Law in the prosecution of individuals who
31 apply for or obtain a permanent fund dividend in violation of a provision in
SB0195A