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State of Alaska Department of Corrections Policies and Procedures

Chapter: Subject:

Index #:

Effective: Distribution:

910.04

11/26/02 Public

Page 1 of 2

Reviewed: Due for Rev: 11/02

Probation Fines, Court Costs, and Restitution

Authority In accordance with 22 AAC 05.155, the Department will maintain a manual comprised of policies and procedures established by the Commissioner to interpret and implement relevant sections of the Alaska Statutes and 22 AAC. References Alaska Statutes AS 33.05.010 AS 33.16.180 AS 44.28.020 AS 44.28.030 Purpose To establish uniform procedures within the Department for requiring offenders placed under the jurisdiction and supervision of the Department to pay restitution, fines, and court costs ordered by a Court. Application All staff and offenders. Policy

A. Probation Officers preparing Presentence Reports must specify any restitution that is the

responsibility of the offender as of the sentencing date, or as of the date of a restitution hearing, whichever is most applicable.

B. Offenders placed under the supervision and jurisdiction of the Department will be required

to pay restitution, fines, and court costs ordered by the Court, and encouraged to pay family support and civil debts.

C. The Department is not normally responsible for the costs of residence, sustenance,

transportation, programming, treatment, or education of an offender on probation or parole. Procedures

A. For cases prior to January 1, 2002, Probation Officers shall file a Restitution Schedule

(Form 910.04A) with the court which includes the name and address of the recipient of the restitution.

B. For cases prior to January 1, 2002, Probation Officers shall provide the Restitution/Fine

Payment Schedule (Form 910.04 B) to the probationer within 30 days of placement on probation/parole supervision, and shall notify an offender that restitution payments are to be made directly to the sentencing Court Clerk's Office.

C. The Restitution Fine Payment Schedule shall be reviewed with the offender. D. All information regarding the victim's address shall remain confidential. E. For cases prior to January 1, 2002, Probation Officers shall monitor the offender's

payments by contacting the Court Clerk or by receiving from the offender a copy of

Subject:

Fines, Court Costs and Restitution

Index #:

910.04

Page: 2 of 2

restitution or fine payment receipts, which must be recorded and retained in the case record.

F. For cases prior to January 1, 2002, Probation Officers may file a petition to modify or

revoke probation if the probationer fails to pay Court-imposed restitution, court costs or fines during the period of probation supervision. NOTE: The victim has a right to pursue civil remedies if restitution is not paid in full.

G. For cases after January 1, 2002, Probation Officers shall monitor the offender's payment of

restitution through the Department of Law Civil Section.

H. For cases after January 1, 2002, Probation Officers may file a petition to modify or revoke

probation if the offender fails to make regular or reasonable efforts to pay restitution. The probation officer shall coordinate such efforts with the Department of Law Civil Section.

I. J.

For cases after January 1, 2002, a criminal judgment for restitution is also a civil judgment and continues in effect until the restitution is paid in full. Probation Officers shall not collect civil debts; however, offenders must be strongly encouraged to meet all lawful financial obligations, including child support. difficulty in meeting their financial obligations.

K. Probation Officers may arrange financial counseling for offenders who consistently have L. Probation Officers shall advise an offender requesting interstate transfer of supervision that

normally 50% of the offenders restitution must be paid prior to leaving the jurisdiction of the State of Alaska. A regular payment schedule for the remaining restitution must be established and agreed to as a condition of the interstate transfer agreement. Any reduction of the requirement that at least 50% be paid before transfer must be approved in writing by the Alaska Compact Administrator. Implementation This policy and procedure is effective 14 days following the date signed by the Commissioner. Each Manager shall incorporate the contents of this document into local policy and procedure. All local policies and procedures must conform to the contents of this document; any deviation from the contents of this document must be approved in writing by the Division Director.

November 26, 2002 Date

Margaret M. Pugh, Commissioner Department of Corrections

Applicable forms: 910.04A 910.04B

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