An Act relating to criminal sentencing and restitution.

Posted: March 3, 2000
Contact: Representative Fred Dyson's office at (907) 465-2199

Alaska’s Constitution is one of the few state founding documents to specifically recognize restitution and rehabilitation as primary goals of the correctional services.

HB 372 is a small first step towards promoting the values of restorative justice, a philosophy that is proving a highly successful response for low-impact non-violent offenders in other areas. The central theme of restorative justice is accountability for the offender, restitution for the victim and reconciliation for the community. These are big words to say that the offender says, “I’m sorry”, the victim gets his car fixed, and the community is allowed the chance to meet the offender and enforce the sanction.

HB 372 is careful to specify that only willing, non-violent offenders may be considered for a community-based sentence, and only with a court’s approval would the sentence have the force of law. Judicial review of these cases is important to ensure that similar offenses are countered with proportionate sentences.

Over the past twenty years, states across the nation have responded to citizen concerns about crime and punishment with presumptive or proscriptive sentencing laws intended to keep more people behind bars longer. In many cases this was an appropriate response to violent offenders who repeatedly violated persons and their communities.

This trail’em, nail’em, jail’em philosophy, as we are now learning, is very expensive. Corrections is overwhelmed with inmates sentenced for long periods of time with limited possibilities for parole. Those that successfully complete their terms are often quick to re-offend creating more harm and more costs. In cases where the victim wishes to be involved and repaid by a non-violent offender, there may be room for a more cost-effective community response while still upholding the state’s primary interest in public safety.

It is worth noting that traditional societies world wide have almost universally focused their justice systems on forcing the perpetrator to restore the victim to a pre-offense condition, to the degree possible. All Alaska Native groups enforced restorative principles to some extent and the Tlingit and Haida Indians had elaborate protocols for adjudicating offenses. Several Alaska and Yukon judges are now working with local volunteers to arrange for community-based, or “circle” sentencing in a few rural areas.