AS Title 24, Chapter 65: Office of Victims' Rights

Chapter 65. Office of Victims' Rights. Sec. 24.65.010. Office of victims' rights. There is created in the legislative branch of the state the office of victims' rights. The victims' advocate is the director of the office of victims' rights. Sec. 24.65.020. Appointment of the victims' advocate. (a) A candidate for appointment as the victims' advocate shall be nominated by the victims' advocate selection committee composed of three members of the senate appointed by the president of the senate and three members of the house of representatives appointed by the speaker of the house. One member of a minority party caucus in each house shall be appointed to the selection committee. (b) The victims' advocate selection committee shall examine persons to serve as victims' advocate regarding their qualifications and ability and shall place the name of the person selected in nomination. The appointment is effective if the nomination is ratified by two-thirds of the full membership of the senate and two-thirds of the full membership of the house of representatives. The vote on the appointment shall be entered in the journals of both houses. Sec. 24.65.030. Qualifications. A person may not serve as victims' advocate (1) unless the person has been a resident of the state for the three years immediately preceding the person's appointment; (2) unless the person has been engaged in the active practice of law for the three years immediately preceding the person's appointment; (3) unless the person has significant experience in criminal law; (4) unless the person is an attorney licensed to practice law in this state; (5) within one year of the last day on which the person served as a member of the legislature; (6) while the person is a candidate for or holds another national, state, or municipal office; the victims' advocate may not become a candidate for national, state, or municipal office until one year has elapsed from the date the victims' advocate vacates the office of victims' advocate; (7) while the person is engaged in another occupation for which the person receives compensation; (8) unless the person is at least 21 years of age and is a qualified voter. Sec. 24.65.040. Term of office. (a) The term of office of the victims' advocate is five years. A victims' advocate may be reappointed but may not serve for more than three terms. To be eligible for reappointment at the conclusion of each five-year term of service, a victims' advocate seeking reappointment must submit to the victims' advocate selection committee an application for reappointment. (b) If the term of a victims' advocate expires without the appointment of a successor under this chapter or the victims' advocate dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the person appointed as acting victims' advocate under AS 24.65.070 (a) serves until a new victims' advocate is appointed for a full term. Sec. 24.65.050. Removal. The legislature, by a concurrent resolution adopted by a roll call vote of two-thirds of the members of each house entered in the journal, may remove or suspend the victims' advocate from office, but only for neglect of duty, misconduct, or disability. Sec. 24.65.060. Compensation. The victims' advocate is entitled to receive an annual salary of Range 26 on the salary schedule set out in AS 39.27.011 (a) and (l). Sec. 24.65.070. Staff and delegation. (a) The victims' advocate shall appoint a person to serve as acting victims' advocate in the absence of the victims' advocate. If the victims' advocate is not available to appoint a person to serve as acting victims' advocate, the president of the senate and the speaker of the house of representatives may jointly appoint an acting victims' advocate. The victims' advocate shall also appoint assistants and clerical personnel necessary to carry out the provisions of this chapter. Subject to AS 36.30.020 , the victims' advocate may enter into personal services and other contracts the victims' advocate finds necessary to carry out the provisions of this chapter. The victims' advocate shall, to the maximum extent practicable, conduct the duties and work of the office by entering into personal services and other contracts the victims' advocate finds necessary to carry out the provisions of this chapter. (b) The victims' advocate may delegate to the assistants any of the victims' advocate's duties except those specified in AS 24.65.150 and 24.65.160; however, during the victims' advocate's absence from the principal business offices, the victims' advocate may delegate the duties specified in AS 24.65.150 and 24.65.160 to the acting victims' advocate for the duration of the absence. The duties specified in AS 24.65.150 and 24.65.160 shall be performed by the acting victims' advocate when serving under AS 24.65.040 (b). (c) The victims' advocate and the staff appointed by the victims' advocate are in the exempt service under AS 39.25.110 and are not subject to the employment policies under AS 24.10 or AS 24.20 . (d) Staff appointed by the victims' advocate shall (1) be compensated under the state salary schedule set out in AS 39.27.011 (a); or (2) if the position requires admission to the practice of law in this state as a condition of employment, be compensated under the state salary schedule set out in AS 39.27.011 (a) and (l). Sec. 24.65.080. Office facilities and administration. (a) Subject to restrictions and limitations imposed by the executive director of the Legislative Affairs Agency, the administrative facilities and services of the Legislative Affairs Agency, including computer, data processing, and teleconference facilities, may be made available to the victims' advocate to be used in the management of the office of victims' rights and to carry out the purposes of this chapter. (b) The salary and benefits of the victims' advocate and the permanent staff of the victims' advocate shall be paid through the same procedures used for payment of the salaries and benefits of other permanent legislative employees. (c) The victims' advocate shall submit a budget for each fiscal year to the Alaska Legislative Council, and the council shall annually submit an estimated budget to the governor for information purposes in the preparation of the executive budget. After reviewing and approving, with or without modifications, the budget submitted by the victims' advocate, the council shall submit the approved budget to the finance committees of the legislature. Sec. 24.65.090. Procedure. (a) The victims' advocate shall, by regulations adopted under AS 44.62 (Administrative Procedure Act), establish procedures for advocacy on behalf of crime victims, receiving and processing complaints, conducting investigations, reporting findings, and ensuring that confidential information obtained by the victims' advocate in the course of advocacy on behalf of a crime victim or in the course of an investigation will not be improperly disclosed. The victims' advocate may establish procedures so that advocacy and investigations on behalf of crime victims in felony cases take a priority over advocacy and investigations on behalf of crime victims in misdemeanor cases. (b) The office of victims' rights may not charge fees for the submission or investigation of complaints. Sec. 24.65.100. Jurisdiction; duties. (a) The victims' advocate has jurisdiction to advocate on behalf of crime victims of felony offenses or class A misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41 , in the courts of the state and to investigate the complaints of crime victims of felony offenses or class A misdemeanors, if the class A misdemeanor is a crime involving domestic violence or a crime against a person under AS 11.41 , that they have been denied their rights under the constitution and the laws of the state. In this subsection, “crime involving domestic violence” has the meaning given in AS 18.66.990 . (b) The victims' advocate shall exercise reasonable care to (1) ensure that the victims' advocate's exercise of jurisdiction granted under this section does not interfere with an ongoing criminal investigation or with a criminal prosecution; (2) prevent employees of the office of victims' rights from making extrajudicial statements that the victims' advocate is prohibited from making under the Alaska Rules of Professional Conduct. (c) The victims' advocate may not advise, counsel, or advocate on behalf of a victim in a way that would (1) prevent or discourage a victim from cooperating in a criminal investigation; (2) encourage a victim to withhold evidence in a criminal investigation; or (3) prevent or discourage a victim from testifying in a criminal proceeding. (d) The victims' advocate shall provide written material to be given out to victims of crime as required by AS 12.61.010 . The written material must contain a brief statement about the Violent Crimes Compensation Board and contact information for that board. Sec. 24.65.105. Payment of restitution. (a) Subject to appropriation, the office of victims' rights is authorized to pay outstanding balances on orders of restitution under AS 12.55.045 or AS 47.12.120 . The office of victims' rights shall coordinate and make payments from the restorative justice account ( AS 43.23.048 ) in accordance with the priority in (b) of this section. A crime victim may receive not more than $10,000 from the restorative justice account, regardless of the amount of the order of restitution. (b) The office of victims' rights shall make restitution payments to eligible victims in the following priority order: (1) a natural person; (2) private businesses; (3) state and local governments. (c) The office of victims' rights shall adopt regulations under AS 44.62 (Administrative Procedure Act) to establish a process for payments of restitution balances from the restorative justice account established in AS 43.23.048 . Sec. 24.65.110. Advocacy on behalf of crime victims; records. (a) The victims' advocate shall assist crime victims in obtaining the rights crime victims are guaranteed under the constitution and laws of the state with regard to the contacts crime victims have with justice agencies. (b) The victims' advocate may make the statement a crime victim is authorized to make under art. I, sec. 24, Constitution of the State of Alaska, and AS 12.55.023 , in a court of the state when requested by the crime victim and when the crime victim does not personally make a statement. (c) When advocating on behalf of a crime victim in an ongoing criminal case or juvenile adjudication, the victims' advocate is entitled to all information available to the defendant or juvenile. (d) Records obtained by the victims' advocate shall remain in the exclusive custody of the victims' advocate. The victims' advocate may not disclose confidential information to any person. Sec. 24.65.115. Authority to request return of property on behalf of certain persons. (a) Notwithstanding another provision of this chapter, the victims' advocate may (1) file a request under AS 12.36.070 with a law enforcement agency for the return of property to a crime victim after having conducted an investigation and determining that the crime victim is entitled to the return of the property under the factors listed in AS 12.36.070 (c); (2) request a hearing under AS 12.36.070 (f). (b) In fulfilling the requirements of this section, the victims' advocate may use any of the powers granted to the advocate under this chapter. Sec. 24.65.120. Investigations. (a) The victims' advocate may investigate complaints from crime victims that they have been denied the rights they are guaranteed under the constitution and laws of this state. (b) In an investigation, the victims' advocate may (1) make inquiries and obtain information considered necessary; (2) hold private hearings; and (3) notwithstanding other provisions of law, have access at all times to records of justice agencies, including court records of criminal prosecutions and juvenile adjudications, necessary to ensure that the rights of crime victims are not being denied; with regard to court and prosecution records, the victims' advocate is entitled to obtain access to every record that the defendant is entitled to access or receive. (c) The victims' advocate shall maintain confidentiality with respect to all matters and the identities of the complainants or witnesses coming before the victims' advocate except insofar as disclosures may be necessary to enable the victims' advocate to carry out duties and to support recommendations. However, the victims' advocate may not disclose a confidential record obtained from a court or justice agency. Sec. 24.65.130. Powers. (a) Subject to the privileges recognized by court rule and statute of this state, the victims' advocate may compel by subpoena, at a specified time and place, the (1) appearance and sworn testimony of a person who the victims' advocate reasonably believes may be able to give information relating to a matter under investigation under AS 24.65.120 ; and (2) production by a person of a record or object that the victims' advocate reasonably believes may relate to the matter under investigation under AS 24.65.120 . (b) If a person refuses to comply with a subpoena issued under (a) of this section, the superior court may, on application of the victims' advocate, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court. (c) This section does not authorize the victims' advocate to issue a subpoena to (1) a justice, judge, magistrate, or a law clerk acting under the direction of a justice, judge, or magistrate, concerning a judicial action or nonaction taken by, or under the direction of, the justice, judge, or magistrate; (2) a person acting under the direction of a justice, judge, or magistrate, other than a law clerk, concerning a judicial action or nonaction taken by, or under the direction of, a justice, judge, or magistrate except to establish the occurrence or nonoccurrence of the action or nonaction or the person's own actions or nonactions; this paragraph does not authorize the victims' advocate to inquire into the decision-making or thought process of the justice, judge, or magistrate; (3) a member of a jury concerning a matter that was considered by the jury; (4) the person accused or convicted of committing the crime that is the basis for the complaint, and investigation under AS 24.65.120 , concerning a denial of rights or an attorney retained by the person or appointed by a court to represent the person; (5) a victim counselor concerning a matter made confidential by AS 18.66.200 — 18.66.250; or (6) a justice agency concerning records that lead to the disclosure of a confidential police informant. Sec. 24.65.140. Consultation. Before giving an opinion or recommendation that is critical of a justice agency or person as a result of an investigation under AS 24.65.120 , the victims' advocate shall consult with that agency or person. The victims' advocate may make a preliminary opinion or recommendation available to the agency or person for review, but the preliminary opinion or recommendation is confidential and may not be disclosed to the public by the agency or person. Sec. 24.65.150. Procedure after investigation. (a) The victims' advocate shall report the advocate's opinion and recommendations to a justice agency if the victims' advocate finds, after investigation under AS 24.65.120 , that the agency has denied a crime victim rights the crime victim is guaranteed under the constitution and laws of this state. (b) The victims' advocate may request the justice agency to notify the victims' advocate, within a specified time, of any action taken on the recommendations. (c) The report provided under (a) of this section is confidential and may not be disclosed to the public by the justice agency. The victims' advocate may disclose the report under AS 24.65.160 only after providing notice that the investigation has been concluded to the agency and after receiving the written approval of the complainant to release the report. Sec. 24.65.160. Publication of recommendations. Except as provided in AS 24.65.150 (c), within a reasonable amount of time after the victims' advocate reports the advocate's opinion and recommendations to a justice agency, the victims' advocate may present the opinion and recommendations to the governor, the legislature, a grand jury, the public, or any of these. The victims' advocate shall include with the opinion any reply made by the agency. Sec. 24.65.170. Annual report. The victims' advocate shall make available to the public an annual report of the victims' advocate's activities under this chapter and notify the legislature that the report is available. The victim's advocate may include in the report a summary of the advocate's participation as an ex officio member of domestic violence fatality review teams established under AS 18.66.400 . Sec. 24.65.180. Judicial review. A proceeding or decision of the victims' advocate may be reviewed in superior court only to determine if it is contrary to the provisions of this chapter. Sec. 24.65.190. Immunity of the victims' advocate. A civil action may not be brought against the victims' advocate or a member of the victims' advocate's staff for anything done, said, or omitted in performing the victims' advocate's duties or responsibilities under this chapter. Sec. 24.65.200. Victims' advocate's privilege not to testify or produce documents or other evidence. Except as may be necessary to enforce the provisions of this chapter, the determinations, conclusions, thought processes, discussions, records, reports, and recommendations of or information collected by the victims' advocate or staff of the victims' advocate are not admissible in a civil or criminal proceeding, and are not subject to questioning or disclosure by subpoena or discovery. Sec. 24.65.210. Penalty. A person who knowingly hinders the lawful actions of the victims' advocate or the staff of the victims' advocate, or who knowingly refuses to comply with their lawful demands, is guilty of a misdemeanor and upon conviction may be punished by a fine of not more than $1,000. In this section, “knowingly” has the meaning given in AS 11.81.900 . Sec. 24.65.250. Definitions. In this chapter, (1) “justice agency” means a department, office, institution, corporation, authority, organization, commission, committee, council, court, or board of a municipality or in the executive or judicial branches of the state government that is, in any manner, involved with or responsible for the apprehension, prosecution, incarceration, or supervision of criminal or juvenile offenders; it also includes an officer, employee, or member of an agency acting or purporting to act in the exercise of official duties; (2) “victim” has the meaning given in AS 12.55.185 .