Alaska R. Crim. P. 32.6

(a) Definition. When a sentence includes a requirement

that the defendant pay restitution, the judge shall either enter a

separate judgment for restitution or shall include the order of

restitution as a separate section of the criminal judgment. For

the purpose of these rules, either of these constitutes a

“judgment for restitution.”

(b) Content. The judgment for restitution must:

(1) Identify each victim or other person entitled to

restitution and the amount of restitution owed to each.

(2) State the date restitution is due or, if the court

schedules installment payments, the amount and due date of

each payment. If no due date is stated, the restitution amount is

due immediately.

(3) State whether payment will be made through the

clerk of court or otherwise. The restitution payment will be

made through the clerk of court unless (A) the court orders

restitution to be made in a form other than payment of a

specific dollar amount or (B) the court orders payment to be

made directly to the victim or through another entity.

(4) Identify by name and case number any defendants

who are jointly and severally liable for the restitution owed to

each victim or other person.

(5) State whether post-judgment interest is owed on the

judgment and, if so, when it begins to accrue.

(c) Entering the Judgment for Restitution.

(1) At Sentencing. If the amount of restitution and the

names of the victims are known at the time of sentencing, the

court shall enter the judgment for restitution at the time of

sentencing.

(2) After Sentencing. If the amount of restitution and the

names of the victims or other persons seeking restitution are

not known at the time of sentencing, the prosecutor shall file

and serve within 90 days after sentencing a proposed judgment

for restitution on a form designated by the Administrative

Director, and a notice that includes information concerning the

identity of any victims or other persons seeking restitution,

whether any victim or other person expressly declines

restitution, the nature and amount of any damages together

with any supporting documentation, a restitution amount

recommendation, and the names of any co-defendants and their

case numbers. Within 30 days after receipt of the proposed

judgment for restitution, the defense shall file any objection to

the proposed judgment and a statement of grounds for the

objection. If ordered, the defense shall also file a financial

statement on a form designated by the Administrative Director

under AS 12.55.045(j). If the defendant does not file an

objection, the court may enter the judgment for restitution

without further proceedings. If the defendant files an objection

and either party requests a hearing, the court shall schedule a

hearing.

(3) Victim Information. In addition to the requirements of

(c)(1) and (2) above, the prosecutor shall submit an ex parte

restitution victim information statement on a form provided by

the Administrative Director, which includes information

concerning the identity and addresses of the victims. The

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.

(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.