Section 12.30.075. Forfeited cash and other securities.

   (a) Cash or other security posted by a person under AS 12.30.011 that would otherwise be forfeited shall be held by the court in trust for the benefit of the victim if, within 30 days after an order of the court establishing a failure to appear or a violation of conditions of release, the prosecuting authority gives notice that restitution may be requested as part of the sentence if the person is convicted.
   (b) If a restitution order is not entered, the court shall order the cash or other security being held in trust to be forfeited to the state.
   (c) If a restitution order is entered, the court shall apply the cash or other security to the satisfaction of the order. If the cash or other security held in trust is applied to an order of restitution, the court shall issue a separate judgment against the defendant in favor of the state in the amount that would have otherwise been forfeited, and any cash or other security remaining after payment of the restitution shall be applied against that judgment. Any cash or other security remaining shall be forfeited to the state.

Authorities

43.23.065

Notes

References

AS 43.23.065 Exemption of and levy on permanent fund dividends.

History

(Sec. 6 ch 92 SLA 2001; am Sec. 14 ch 19 SLA 2010)