Alaska 30th Legislature (2017-2018) Status: Enacted Bipartisan · 4 R · 3 D cosponsors

HB 216 — An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; relating to contributions from dividends; relating to delinquent minors; and providing for an effective date.

Last action — EFFECTIVE DATE(S) OF LAW 1/1/19

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 07, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 28 sponsors

    1 primary, 27 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

9 added · 8 removed

Plain-language change summary

The recent amendments to HB 216 introduce a "restorative justice account" that will be used to provide financial support to crime victims and cover related services, such as domestic violence and sexual assault programs. The bill now allows for the Office of Victims' Rights to directly make payments to victims, up to $10,000, making it easier for them to receive restitution. Additionally, changes to the time frame for collecting restitution have been made, giving victims more time to decide whether to collect without the state's help. These updates aim to ensure that victims have better access to financial support and have more control over the restitution process.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2017 Session Laws & Resolves 2018 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills Enrolled HB 216 Detail FullText txt Enrolled HB 216:
"An Act relating to restitution;
Relating to restitution;
and providing for an effective date." CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.
and providing for an effective date.
216(FIN) am 01 "An Act relating to restitution;
00Enrolled HB 216 01 Relating to restitution;
relating to 02 transfers from the dividend fund;
relating to transfers from the 02 dividend fund;
relating to 03 appropriations from the restorative justice account for services for and payments to 04 crime victims, operating costs of the Violent Crimes Compensation Board, operation of 05 domestic violence and sexual assault programs, mental health services and substance 06 abuse treatment for offenders, and incarceration costs;
relating to appropriations from the 03 restorative justice account for services for and payments to crime victims, operating costs of 04 the Violent Crimes Compensation Board, operation of domestic violence and sexual assault 05 programs, mental health services and substance abuse treatment for offenders, and 06 incarceration costs;
relating to contributions from 07 dividends;
relating to contributions from dividends;
and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
07 and providing for an effective date.
09 * Section 1.
08 _______________ 09 * Section 1.
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.
10 (m) Notwithstanding another provision of law, the court shall accept 11 (1) payments of restitution from a defendant at any time;
[IF THE RECIPIENT 13 HAS ELECTED TO HAVE THE DEPARTMENT OF LAW COLLECT THE JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE COURT SHALL 02 FORWARD ALL PAYMENTS OF RESTITUTION TO THE DEPARTMENT OF 03 LAW WITHIN FIVE DAYS AFTER THE COURT'S ACCEPTANCE.] 04 * Sec.
[,] and 12 (2) prepayments of restitution or payments in anticipation of an order 13 of restitution.
[IF THE RECIPIENT HAS ELECTED TO HAVE THE 14 DEPARTMENT OF LAW COLLECT THE JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE COURT SHALL FORWARD ALL PAYMENTS OF 02 RESTITUTION TO THE DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER 03 THE COURT'S ACCEPTANCE.] 04 * Sec.
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.
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.
(a) Subject to appropriation, the 02 office of victims' rights is authorized to pay outstanding balances on orders of 03 restitution under AS 12.55.045 of AS 47.12.120.
(a) Subject to appropriation, the 02 office of victims' rights is authorized to pay outstanding balances on orders of 03 restitution under AS 12.55.045 or AS 47.12.120.
09 (3) one to three percent to the nonprofit organizations to provide grants 10 for services for crime victims and domestic violence and sexual assault programs;
09 (3) one to three percent to nonprofit organizations to provide grants for 10 services for crime victims and domestic violence and sexual assault programs;
11 (4) one to three percent to the nonprofit organizations to provide grants 12 for mental health services and substance abuse treatment for offenders;
11 (4) one to three percent to nonprofit organizations to provide grants for 12 mental health services and substance abuse treatment for offenders;
06 (m) In addition to the application fee in (f) of this section, the department shall withhold a 07 coordination fee from each organization, foundation, or university campus that receives 08 contributions under this section in the immediately preceding dividend year.
06 (m) In addition to the application fee in (f) of this section, the department shall 07 withhold a coordination fee from each organization, foundation, or university campus 08 that receives contributions under this section in the immediately preceding dividend 09 year.
The coordination 09 fee for an organization, foundation, or university campus that receives contributions under 10 this section shall be seven percent of the amount of contributions reported by the department 11 under (j) of this section for the organization, foundation, or university campus for the 12 immediately preceding dividend year.
The coordination fee for an organization, foundation, or university campus that 10 receives contributions under this section shall be seven percent of the amount of 11 contributions reported by the department under (j) of this section for the organization, 12 foundation, or university campus for the immediately preceding dividend year.
The coordination fee shall be separately accounted for 13 under AS 37.05.142 and shall be accounted for separately from the application fee collected 14 under (f) of this section.
The 13 coordination fee shall be separately accounted for under AS 37.05.142 and shall be 14 accounted for separately from the application fee collected under (f) of this section.
The annual estimated balance in the account maintained under 15 AS 37.05.142 for coordination fees collected under this subsection may be appropriated for 16 costs of administering this section.
15 The annual estimated balance in the account maintained under AS 37.05.142 for 16 coordination fees collected under this subsection may be appropriated for costs of 17 administering this section.
The department may not withhold a coordination fee for 17 contributions to the crime victim compensation fund or the peace officer and firefighter 18 survivors' fund.
The department may not withhold a coordination fee for 18 contributions to the crime victim compensation fund or the peace officer and 19 firefighter survivors' fund.
19 * Sec.
20 * Sec.
20 (f) Notwithstanding another provision of law, the court shall accept (1) 21 payments of restitution from a minor and the minor's parent at any time, and (2) 22 prepayments of restitution or payments in anticipation of an order of restitution.
21 (f) Notwithstanding another provision of law, the court shall accept 22 (1) payments of restitution from a minor and the minor's parent at any 23 time;
[IF 23 THE RECIPIENT HAS ELECTED TO HAVE THE DEPARTMENT OF LAW 24 COLLECT THE JUDGMENT OF RESTITUTION UNDER AS 12.55.051(g), THE 25 COURT SHALL FORWARD ALL PAYMENTS OF RESTITUTION TO THE 26 DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER THE COURT'S 27 ACCEPTANCE.] 28 * Sec.
[,] and 24 (2) prepayments of restitution or payments in anticipation of an order 25 of restitution.
[IF THE RECIPIENT HAS ELECTED TO HAVE THE 26 DEPARTMENT OF LAW COLLECT THE JUDGMENT OF RESTITUTION 27 UNDER AS 12.55.051(g), THE COURT SHALL FORWARD ALL PAYMENTS OF 28 RESTITUTION TO THE DEPARTMENT OF LAW WITHIN FIVE DAYS AFTER 29 THE COURT'S ACCEPTANCE.] 30 * Sec.
29 (c) The court shall forward a copy of the restitution order to the department 30 and the office of victims' rights when the order is entered.
31 (c) The court shall forward a copy of the restitution order to the department and the office of victims' rights when the order is entered.
Upon receipt of the order, 31 the department shall send a notice to the recipient regarding the recipient's rights under this section, including the right to elect to enforce the order of restitution without the 02 assistance of the Department of Law and of the possibility of and procedure for 03 receiving payment from the restorative justice account.
Upon receipt of the order, 02 the department shall send a notice to the recipient regarding the recipient's rights under 03 this section, including the right to elect to enforce the order of restitution without the 04 assistance of the Department of Law and of the possibility of, and procedure for, 05 receiving payment from the restorative justice account.
When 90 [30] days have 04 passed since the recipient received the notice, or when the department receives the 05 recipient's response to the notice, whichever is earlier, the department shall send to the 06 Department of Law a copy of the order of restitution;
When 90 [30] days have 06 passed since the recipient received the notice, or when the department receives the 07 recipient's response to the notice, whichever is earlier, the department shall send to the 08 Department of Law a copy of the order of restitution;
the name, date of birth, social 07 security number, and current address of the recipient, the minor, and the minor's 08 parent;
the name, date of birth, social 09 security number, and current address of the recipient, the minor, and the minor's 10 parent;
and the recipient's 09 response, if any.
and the recipient's 11 response, if any.
If a response from the recipient reaches the department after the 10 department has sent the order of restitution and other information to the Department of 11 Law under this subsection, the department shall immediately send the response to the 12 Department of Law.
If a response from the recipient reaches the department after the 12 department has sent the order of restitution and other information to the Department of 13 Law under this subsection, the department shall immediately send the response to the 14 Department of Law.
The information provided to the Department of Law and the 13 office of victims' rights under this subsection is confidential and is not open to 14 inspection as a public record under AS 40.25.110.
The information provided to the Department of Law and the 15 office of victims' rights under this subsection is confidential and is not open to 16 inspection as a public record under AS 40.25.110.
The Department of Law, the office 15 of victims' rights, or [ITS] agents for the Department of Law or office of victims' 16 rights may not disclose the information except as necessary to collect on the 17 restitution.
The Department of Law, the office 17 of victims' rights, or [ITS] agents for the Department of Law or office of victims' 18 rights may not disclose the information except as necessary to collect on the 19 restitution.
18 * Sec.
20 * Sec.
19 (d) The Department of Law may not begin collection procedures on the order 20 of restitution until the recipient has been given notice under (c) of this section and has 21 been given 90 [30] days after receipt of notice to elect to collect the restitution without 22 the assistance of the Department of Law.
21 (d) The Department of Law may not begin collection procedures on the order 22 of restitution until the recipient has been given notice under (c) of this section and has 23 been given 90 [30] days after receipt of notice to elect to collect the restitution without 24 the assistance of the Department of Law.
If the Department of Law receives a 23 response to the notice before the 90-day period, the Department of Law may 24 begin collection on the restitution.
If the Department of Law receives a 25 response to the notice before the 90-day period, the Department of Law may 26 begin collection on the restitution.
A recipient may inform the Department of Law at 25 a later time of the recipient's election to collect the restitution without the assistance of 26 the Department of Law;
A recipient may inform the Department of Law at 27 a later time of the recipient's election to collect the restitution without the assistance of 28 the Department of Law;
upon receipt of the information, the Department of Law may 27 no longer proceed with collection efforts on behalf of the recipient.
upon receipt of the information, the Department of Law may 29 no longer proceed with collection efforts on behalf of the recipient.
A recipient who 28 has elected under this section to collect restitution without the assistance of the 29 Department of Law may not later request the services of that department to collect the 30 restitution.
A recipient who 30 has elected under this section to collect restitution without the assistance of the 31 Department of Law may not later request the services of that department to collect the restitution.
31 * Sec.
02 * Sec.
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Action History

  1. EFFECTIVE DATE(S) OF LAW 1/1/19

  2. Signed into law 6/14 CHAPTER 21 SLA 18

  3. 3:31 PM 6/7/18 Transmitted to Governor

  4. FN18: (CC:HB286/FUND CAP)

  5. FN17: (CC:HB286/LEG)

  6. FN16: (CC:HB286/COR)

  7. Fiscal Note 9: (Administration)

  8. Fiscal Note 7: (Revenue)

  9. FN(S) ATTACHED TO APPROP. BILL HB 286

  10. LEG FINANCE APPROPRIATION MESSAGE 6/4/18

  11. MANIFEST ERROR(S)

  12. VERSION: CSSSHB 216(FIN) AM

  13. RETURN TO (H), TRANSMIT TO GOV NEXT

  14. CROSS SPONSOR(S): GIESSEL

  15. EFFECTIVE DATE(S) SAME AS PASSAGE

  16. PASSED Y20 N-

  17. Read the third time CSSSHB 216(FIN) AM

  18. ADVANCED TO THIRD READING UC

  19. Read the second time

  20. RULES TO CALENDAR 4/30/2018

  21. Fiscal Note 15: (Legislative Agency)

  22. Fiscal Note 14: (Corrections)

  23. Fiscal Note 13: Indeterminate fiscal impact (AJS)

  24. FN10: (ADM/FUND CAP)

  25. Fiscal Note 9: (Administration)

  26. Fiscal Note 8: No fiscal impact (Law)

  27. Fiscal Note 7: (Revenue)

  28. Fiscal Note 3: No fiscal impact (Health and Social Services)

  29. Fiscal Note 2: No fiscal impact (Health and Social Services)

  30. FIN Do Pass: HOFFMAN, MACKINNON, BISHOP, STEVENS, OLSON, MICCICHE

  31. FIN RPT 6DP

  32. HUGHES

  33. CROSS SPONSOR(S): MICCICHE, STEDMAN, BISHOP, COSTELLO, VON IMHOF, SHOWER

  34. Referred to Finance

  35. Read the first time - REFERRALS

  36. VERSION: CSSSHB 216(FIN) AM

  37. TRANSMITTED TO (S)

  38. JOSEPHSON, RAUSCHER, CHENAULT, SULLIVAN-LEONARD

  39. Cosponsors added: SPOHNHOLZ, BIRCH, PARISH, DRUMMOND, TUCK, REINBOLD, TARR,

  40. EFFECTIVE DATE(S) SAME AS PASSAGE

  41. PASSED Y40

  42. Read the third time CSSSHB 216(FIN) AM

  43. ADVANCED TO THIRD READING UC

  44. ...CHANGES TITLE OF LEGISLATION

  45. AM NO 1 ADOPTED Y22 N18

  46. FIN CS ADOPTED UC

  47. Read the second time

  48. RULES TO CALENDAR 4/12/2018

  49. Fiscal Note 13: Indeterminate fiscal impact (AJS)

  50. Fiscal Note 12: (Legislative Agency)

  51. Fiscal Note 11: (Corrections)

  52. FN10: (ADM/FUND CAP)

  53. Fiscal Note 9: (Administration)

  54. Fiscal Note 8: No fiscal impact (Law)

  55. Fiscal Note 7: (Revenue)

  56. Fiscal Note 3: No fiscal impact (Health and Social Services)

  57. Fiscal Note 2: No fiscal impact (Health and Social Services)

  58. FIN Amend: KAWASAKI, WILSON

  59. FIN Do Pass: GARA, PRUITT, ORTIZ, THOMPSON, GUTTENBERG, GRENN, TILTON, SEATON, FOSTER

  60. FIN RPT CS(FIN) 9DP 2AM

  61. Cosponsors added: GARA, KAWASAKI, GUTTENBERG

  62. Cosponsors added: ORTIZ

  63. Cosponsors added: STUTES

  64. Fiscal Note 7: (Revenue)

  65. Fiscal Note 6: (Legislative Agency)

  66. Fiscal Note 5: (Corrections)

  67. Fiscal Note 4: (AJS)

  68. Fiscal Note 3: No fiscal impact (Health and Social Services)

  69. Fiscal Note 2: No fiscal impact (Health and Social Services)

  70. Fiscal Note 1: No fiscal impact (Administration)

  71. JUD Amend: EASTMAN

  72. JUD Do Pass: KOPP, LEDOUX, MILLETT, KREISS-TOMKINS, CLAMAN

  73. JUD RPT CS(JUD) NT 5DP 1AM

  74. Cosponsors added: FANSLER

  75. Cosponsors added: LEDOUX

  76. Referred to Judiciary and Finance

  77. Read the first time - REFERRALS

  78. SPONSOR SUBSTITUTE INTRODUCED

  79. Cosponsors added: CLAMAN

  80. Cosponsors added: GRENN

  81. Cosponsors added: SADDLER

  82. Cosponsors added: WESTLAKE

  83. Referred to Judiciary and Finance

  84. Read the first time - REFERRALS

Sponsors

  • Wilson · Cosponsor
  • Chenault · Cosponsor
  • Matt Claman · Cosponsor
  • Drummond · Cosponsor
  • Fansler · Cosponsor
  • Gara · Cosponsor
  • Grenn · Cosponsor
  • Guttenberg · Cosponsor
  • Johnston · Cosponsor
  • Andy Josephson · Cosponsor
  • Scott Kawasaki · Cosponsor
  • Kreiss-Tomkins · Cosponsor
  • LeDoux · Cosponsor
  • Millett · Cosponsor
  • Ortiz · Cosponsor
  • Parish · Cosponsor
  • George Rauscher · Cosponsor
  • Reinbold · Cosponsor
  • Dan Saddler · Cosponsor
  • Spohnholz · Cosponsor
  • Louise Stutes · Cosponsor
  • Sullivan-Leonard · Cosponsor
  • Tarr · Cosponsor
  • Thompson · Cosponsor
  • Tuck · Cosponsor
  • Westlake · Cosponsor
  • Birch · Cosponsor
  • Chuck Kopp · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 27 co-sponsors · 37 not signed on

Sponsors (1)

Co-sponsors (27)

Not signed on (37)

37 members have not signed on to this bill.

Show all 37 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216(FIN) am "An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse 04-30-2018 Senate Journal 2897 treatment for offenders, and incarceration costs; relating to contributions from dividends; relating to delinquent minors; and providing for an effective date" pass the Senate?

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
R 4000
D 3000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Begich — Yea
Bishop — Yea
Coghill — Yea
Egan — Yea
Gardner — Yea
Hughes — Yea
Kelly — Yea
MacKinnon — Yea
Meyer — Yea
Micciche — Yea
Shower — Yea
Wilson — Yea
von Imhof — Yea
Bill Wielechowski D Yea
Donald Olson D Yea
Lyman Hoffman D Yea
Bert Stedman R Yea
Cathy Giessel R Yea
Gary Stevens R Yea
Mia Costello R Yea

Official roll call →

Shall CSSSHB 216(FIN) am pass the House?

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 29000
D 4000
N 1000
R 6000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Thompson — Yea
Birch — Yea
Chenault — Yea
Drummond — Yea
Eastman — Yea
Gara — Yea
Grenn — Yea
Guttenberg — Yea
Johnston — Yea
Kito — Yea
Knopp — Yea
Kreiss-Tomkins — Yea
LeDoux — Yea
Lincoln — Yea
Millett — Yea
Neuman — Yea
Ortiz — Yea
Parish — Yea
Pruitt — Yea
Reinbold — Yea
Seaton — Yea
Spohnholz — Yea
Sullivan-Leonard — Yea
Talerico — Yea
Tarr — Yea
Tuck — Yea
Wool — Yea
Zulkosky — Yea
Wilson — Yea
Andy Josephson D Yea
Matt Claman D Yea
Neal Foster D Yea
Scott Kawasaki D Yea
Bryce Edgmon N Yea
Cathy Tilton R Yea
Chuck Kopp R Yea
Dan Saddler R Yea
DeLena Johnson R Yea
George Rauscher R Yea
Louise Stutes R Yea

Official roll call →

Subjects

public-safety labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 216?
HB 216 is sponsored by Wilson, Chenault, Matt Claman (D), Drummond, Fansler, Gara, Grenn, Guttenberg, Johnston, Andy Josephson (D), Scott Kawasaki (D), Kreiss-Tomkins, LeDoux, Millett, Ortiz, Parish, George Rauscher (R), Reinbold, Dan Saddler (R), Spohnholz, Louise Stutes (R), Sullivan-Leonard, Tarr, Thompson, Tuck, Westlake, Birch, and Chuck Kopp (R).
What is the current status of HB 216?
This bill has been enacted into law. Introduced April 07, 2017. Enacted.
Where can I track HB 216?
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