ALASKA COURT RULES

restitution victim information statement shall be filed within 30 days after entry of the restitution judgment under (c)(1) above or at the time the prosecutor submits a proposed judgment to the court under (c)(2) above. The restitution victim information statement is not a permanent record and will not be retained in the case file. It must not be served on the defendant or disclosed to anyone other than court personnel for purposes of collecting restitution. (d) Hearing Regarding Payment Schedule. A defendant who is unable to pay restitution because of financial circumstances may request a hearing to ask the court to modify the restitution payment schedule. If the court holds a hearing and the defendant proves by a preponderance of the evidence that the defendant is unable through good faith efforts to satisfy the payment schedule in the judgment for restitution, the court may modify the payment schedule, but may not reduce the amount of restitution. (e) Execution. Civil execution to enforce the judgment may issue if restitution is ordered to be paid by a specified date and defendant fails to make full payment by that date. If restitution is ordered to be paid in specified installments and defendant fails to make one or more installment payments, civil execution to collect the entire remaining balance may issue. The automatic stays on enforcement provided in Civil Rule 62(a) and District Court Civil Rule 24(a) do not apply to the enforcement of restitution judgments. (f) Victim’s Options for Collection. The collections unit established within the court system will execute on the defendant’s permanent fund dividend as needed to collect the restitution judgment. A victim who wants to pursue collection more broadly under Civil Rule 69, including the use of general writs of execution or writs of execution for garnishment of earnings, may elect to proceed without the collections unit’s assistance. Notice of this election shall be provided on a form designated by the Administrative Director. (g) Priority of Payments. Unless the court finds good cause to order a different priority, payments received from or on behalf of a defendant will be allocated as follows: (1) If a defendant makes a voluntary payment and designates how or to what criminal or civil judgments the payment should be applied, the payment will be applied as designated by the defendant. (2) Payments received as the result of execution on the defendant’s permanent fund dividend will be applied to judgments according to the priorities stated in AS 43.23.140. (3) If a defendant makes a voluntary payment but does not designate how the payment is to be applied or if a payment is received as a result of execution by the collections unit established within the court system or a comparable unit of a municipality, the payment will be applied using the following rules: (A) Judgments for restitution will be paid in full before any amounts collected from the defendant will be applied to criminal or civil judgments owed to the state or a municipality. 58 (B) If restitution is owed to the state or a municipality, amounts collected from the defendant will be applied first to judgments for restitution owed to victims other than the state or a municipality. (C) When restitution is ordered to be paid by a defendant to victims in the same criminal case, amounts collected from the defendant will be allocated among the victims based on the percentage of the amount of restitution owed to each victim to the total amount of restitution owed by the defendant to all of the victims; except that if a payment is less than $100, the payment may be paid to a single victim if such payments are paid to all victims on an alternating basis. (D) When restitution is ordered to be paid by a defendant to victims in different criminal cases, amounts collected from the defendant will be applied to the judgment that is first in time. (4) If a payment is received as a result of execution by a victim, the payment will be applied to the judgment for restitution owed to that victim. (h) Financial Statement. (1) At any time after sentencing, the probation officer or prosecuting authority may request that the defendant be ordered to provide a financial statement pursuant to AS 12.55.045(k). (2) If the defendant fails to submit a completed financial statement as ordered, the probation officer or prosecuting authority may notify the court by affidavit. Upon receipt of an affidavit under this paragraph, the court shall schedule a hearing for the defendant to show cause why the defendant should not be held in contempt for failure to comply with the order to submit the financial statement. (i) Suspended Imposition of Sentence and Suspended Entry of Judgment. The judgment for restitution remains civilly enforceable (1) after the expiration of the period of probation or the set-aside of conviction in a case where imposition of sentence is suspended; and (2) after the expiration of the period of probation or the dismissal of the proceedings under AS 12.55.078(d) in a case where the court suspended entry of judgment. (Adopted by SCO 1464 effective March 5, 2002; amended by SCO 1482 effective October 15, 2002; by SCO 1554 effective April 15, 2006; by SCO 1907 effective April 5, 2017; by SCO 1913 effective nunc pro tunc June 20, 2017; and by SCO 2024 effective June 26, 2024) Information for victims about collecting on Note: judgments for restitution is provided on the court system’s website at www.courts.alaska.gov/trialcourts/restitution.htm.