Enrolled HB 484: Imposing a correctional facility surcharge on persons convicted of a crime under state law and on persons whose probation is revoked; relating to fees and expenses for interstate transfer of probation or parole; and providing for an effective date.
00Enrolled HB 484 01 Imposing a correctional facility surcharge on persons convicted of a crime under state law and 02 on persons whose probation is revoked; relating to fees and expenses for interstate transfer of 03 probation or parole; and providing for an effective date. 04 _______________ 05 * Section 1. AS 12.55 is amended by adding a new section to read: 06 Sec. 12.55.041. Correctional facility surcharge. (a) In addition to any fine 07 or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere 08 to, or is convicted of, a crime under state law shall pay a correctional facility surcharge 09 if, in connection with the crime, the defendant 10 (1) was arrested and taken to a correctional facility, regardless of 11 whether the defendant was released or admitted to the facility; or 12 (2) is sentenced to serve a term of imprisonment. 13 (b) The court shall impose a single surcharge under (a) of this section on a
01 defendant being sentenced for one or more crimes in a single judgment. The 02 surcharge is 03 (1) $100 if the judgment includes a sentence for a felony; 04 (2) $50 if the judgment does not include a sentence for a felony. 05 (c) If the court places the defendant on probation, the court shall order that the 06 defendant pay an additional correctional facility surcharge of $100. The additional 07 surcharge shall be suspended but later imposed if the defendant's probation is revoked 08 and, in connection with the probation revocation, the defendant 09 (1) was arrested and taken to a correctional facility, regardless of 10 whether the defendant was released or admitted to the facility; or 11 (2) is ordered to serve a term of imprisonment for the probation 12 revocation. 13 (d) The court shall include a surcharge imposed under (a) of this section in the 14 judgment of conviction. The court shall include the imposition of a surcharge under 15 (c) of this section in the order revoking probation. For a surcharge that is not paid by 16 the person as required by this section, the state shall seek reimbursement from the 17 person's permanent fund divided as provided under AS 43.23.065. For purposes of 18 collection and priority of attachment under AS 43.23.065, a surcharge imposed under 19 this section is accounted for in the same manner as a cost of imprisonment under 20 AS 28.35.030(k) and 28.35.032(o). The state may enforce payment of a surcharge 21 under this section under AS 09.35 as if it were a civil judgment enforceable by 22 execution. This subsection does not limit the authority of the court to enforce 23 surcharges. 24 (e) In this section, "correctional facility" has the meaning given in 25 AS 33.30.901. 26 * Sec. 2. AS 33.36 is amended by adding a new section to read: 27 Sec. 33.36.145. Application fee; deposit. A person under probation or parole 28 supervision by the Department of Corrections who applies for a transfer of supervision 29 to another state under the Interstate Compact for Adult Offender Supervision shall pay 30 to the Department of Corrections a nonrefundable application fee of $100. 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. (a) Section 1 of this Act applies to offenses committed on or after 03 the effective date of this Act. 04 (b) Section 2 of this Act applies to applications for transfer of supervision under the 05 Interstate Compact for Adult Offender Supervision received on or after the effective date of 06 this Act regarding offenses committed before, on, or after the effective date of this Act. 07 * Sec. 4. This Act takes effect July 1, 2004.