- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 12. Delinquent Minors
- Section 170. Enforcement of Restitution.
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. Retention of Jurisdiction Over Minor.
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. Effect of Adjudication.
AS 47.12.170. Enforcement of Restitution.
- (a) An order by the court under AS 47.12.120
that a minor or the minor's parent pay restitution is a civil judgment that remains enforceable after the expiration
of the court's jurisdiction over the minor under AS 47.12.160
. A recipient of a restitution order, or the state on behalf of the restitution recipient, may enforce a restitution
order against the minor and the minor's parent by any procedure authorized by law for enforcement of a civil judgment.
If the restitution recipient enforces or collects restitution through civil process, collection costs and full
reasonable attorney fees shall be awarded. If the state on the restitution recipient's behalf enforces or collects
restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum
of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the
authority of the court to otherwise enforce orders of payment for restitution. An order of restitution enforced under
this section does not limit under other law the civil liability of the minor or the minor's parent as a result of the
- (b) The Department of Law is authorized to collect restitution on behalf of the recipient unless
- (1) the recipient elects as provided in (c) of this section to enforce the order of restitution without the assistance of
the Department of Law; or
- (2) the order requires restitution to be made in a form other than payment of a specific dollar amount.
- (c) The court shall forward a copy of the restitution order to the department when the order is entered. Upon receipt of
the order, 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 assistance of the Department of Law. When
30 days have passed since the recipient received the notice, or when the department receives the recipient's response
to the notice, whichever is earlier, the department shall send to the Department of Law a copy of the order of
restitution; the name, date of birth, social security number, and current address of the recipient, the minor, and the
minor's parent; the notice sent to the recipient under this subsection; and the recipient's response, if any. If a
response from the recipient reaches the department after the department has sent the order of restitution and other
information to the Department of Law under this subsection, the department shall immediately send the response to the
Department of Law. The information provided to the Department of Law under this subsection is confidential and is not
open to inspection as a public record under AS 40.25.110
. The Department of Law or its agents may not disclose the information except as necessary to collect on the
- (d) The Department of Law may not begin collection procedures on the order of restitution until the recipient has been
given notice under (c) of this section and has been given 30 days after receipt of notice to elect to collect the
restitution without the assistance of the Department of Law. A recipient may inform the Department of Law at a later
time of the recipient's election to collect the restitution without the assistance of the Department of Law; upon
receipt of the information, the Department of Law may no longer proceed with collection efforts on behalf of the
recipient. A recipient who has elected under this section to collect restitution without the assistance of the
Department of Law may not later request the services of that department to collect the restitution.
- (e) If the Department of Law or its agents proceed to collect restitution on behalf of a recipient under (c) of this
section, the actions of the Department of Law or an agent of the Department of Law on behalf of the recipient do not
create an attorney-client relationship between the Department of Law and the recipient. The Department of Law or its
agent may not settle a judgment for restitution without the consent of the recipient of the restitution.
- (f) An action for damages may not be brought against the state or any of its agents, officers, or employees based on an
action or omission under this section.
- (g) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this
section. The Department of Law may adopt regulations necessary to carry out the collection procedures of this section,
including the reimbursement of attorney fees and costs in appropriate cases.
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