Section 12.55.045. Restitution and compensation.

   (a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim or other person injured by the offense, to a public, private, or private nonprofit organization that has provided or is or will be providing counseling, medical, or shelter services to the victim or other person injured by the offense, or as otherwise authorized by law. The court shall, when presented with credible evidence, unless the victim expressly declines restitution, also order a defendant convicted of an offense to compensate a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime. In determining the amount and method of payment of restitution or compensation, the court shall take into account the
        (1) public policy that favors requiring criminals to compensate for damages and injury, including loss of income, to their victims; and
        (2) financial burden placed on the victim and those who provide services to the victim and other persons injured by the offense as a result of the criminal conduct of the defendant.
   (b) An order of restitution under this section does not limit any civil liability of the defendant arising from the defendant's conduct.
   (c) If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.
   (d) In any case, including a case in which the defendant is convicted of a violation of AS 11.46.120 - 11.46.150 and the property is commercial fishing gear as defined in AS 16.43.990, the court shall consider the victim's loss, and the order of restitution may include compensation for loss of income.
   (e)   [Repealed, Sec. 7 ch 17 SLA 2004]. 
   (f)   [Repealed, Sec. 7 ch 17 SLA 2004]. 
   (g) The court may not, in ordering the amount of restitution, consider the defendant's ability to pay restitution.
   (h) In imposing restitution under this section, the court may require the defendant to make restitution by means other than the payment of money.
   (i) An order of restitution made under this section is a condition of the defendant's sentence and, in cases in which the court suspends all or a portion of the defendant's sentence, the order of restitution is a condition of the suspended sentence. If the court suspends imposition of sentence under AS 12.55.085, the order of restitution is a condition of the suspended imposition of sentence.
   (j) A defendant who is convicted of an offense for which restitution may be ordered shall submit financial information as ordered by the court. The Alaska Court System shall prepare a form, in consultation with the Department of Law, for the submission of the information; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210. A defendant who is convicted of (1) a felony shall submit the form to the probation office within 30 days after conviction, and the probation officer shall attach the form to the presentence report, or (2) a misdemeanor shall file the form with the defendant's response or opposition to the restitution amount. The defendant shall provide a copy of the completed form to the prosecuting authority.
   (k) The court, on its own motion or at the request of the prosecuting authority or probation officer, may order a defendant on probation who has been ordered to pay restitution to submit financial information to the court using the form specified in (j) of this section. The defendant shall file the completed form with the court within five days after the court's order. The defendant shall provide a copy of the completed form to the prosecuting authority and the person's probation officer, if any.
   (l) An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution when the court suspends imposition of sentence under AS 12.55.085 is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when a conviction is set aside under AS 12.55.085. The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim's behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to enforce orders of restitution.
   (m) Notwithstanding another provision of law, the court shall accept (1) payments of restitution from a defendant at any time, and (2) prepayments of restitution or payments in anticipation of an order of restitution. If the recipient has elected to have the Department of Law collect the judgment of restitution under AS 12.55.051(g), the court shall forward all payments of restitution to the Department of Law within five days after the court's acceptance.
   (n) In determining the amount of actual damages or loss for restitution under this section, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.
   (o) In this section,
        (1) "conviction" means that the defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;
        (2) "loss of income" includes the total loss of income a business or person suffers as a result of not having stolen property available during the time it takes to obtain a replacement.

Authorities

12.55.015;12.61.020;14.43.150;43.23.065

Notes

Recent Bills that will modify this

SB 5 RESTITUTION: PROPERTY AND INCOME LOSS

References

AS 12.55.015 Authorized sentences; forfeiture.
AS 12.61.020 Money received as the result of the commission of a crime.
AS 14.43.150 Order to assign wages for defaulted loan.
AS 43.23.065 Exemption of and levy on permanent fund dividends.

History

(Sec. 12 ch 166 SLA 1978; am Sec. 38 ch 102 SLA 1980; am Sec. 1 ch 73 SLA 1986; am Sec. 1, 2 ch 75 SLA 1988; am Sec. 3 ch 53 SLA 1991; am Sec. 3, 4 ch 71 SLA 1992; am Sec. 4 ch 71 SLA 1996; am Sec. 3, 4 ch 103 SLA 2000; am Sec. 9, 10 ch 92 SLA 2001; am Sec. 1 ch 23 SLA 2002; am Sec. 1 ch 26 SLA 2003; am Sec. 1 - 4, 7 ch 17 SLA 2004; am Sec. 11 ch 42 SLA 2006; am Sec. 1 - 3 ch 17 SLA 2015)