Alaska Delinq. R. 23.2

(a) Definition. When a disposition includes a requirement that the minor or the minor’s parent pay restitution, the

judge shall enter a separate 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 other

delinquent minors, criminal defendants, or parents who are

jointly and severally liable for the restitution owed to each

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 Disposition. If the amount of restitution and the

names of the persons entitled to restitution are known at the

time of disposition, the court shall enter the judgment of restitution at the time of disposition.

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

names of persons seeking restitution are not known at the time

of disposition, the state shall file and serve within 90 days

after disposition 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, the names of any other

delinquent minors, criminal defendants, and parents who might

be jointly and severally liable for the restitution, and any case

numbers for those persons, if applicable. Within 30 days after

receipt of the proposed judgment for restitution, the delinquent

minor and the minor’s parents, if applicable, shall file any

objection to the proposed judgment, and a statement of grounds

for the objection. If the delinquent minor or parent does not file

an objection, the court may enter the judgment for restitution

without further proceedings. If the delinquent minor or parent

files an objection and any 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 state 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 state 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 delinquent minor or

parent or disclosed to anyone other than court personnel for

purposes of collecting restitution.

(d) Hearing Regarding Payment Schedule. A minor or

a minor’s parent, if applicable, 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 minor or the minor’s parent, if

applicable, proves by a preponderance of the evidence that the

minor or, if applicable, the minor’s parent is unable through

good faith efforts to satisfy the payment schedule in the judgment for restitution, the court may modify the payment

schedule.

(e) Execution. Civil execution to enforce the judgment

may issue if restitution is ordered to be paid by a specified date

and the minor or the minor’s parent, if applicable, fails to

make full payment by that date. If restitution is ordered to be

paid in specified installments and the minor or the minor’s

parent, if applicable, fails to make one or more installment payments, civil execution to collect the entire remaining balance

may issue. The automatic stay on enforcement provided in

Civil Rule 62(a) does not apply to the enforcement of

restitution judgments. The civil judgment for restitution

remains enforceable after the expiration of the court’s jurisdiction over the minor, as provided in AS 47.12.170(a).

(f) Victim’s Options for Collection. The collections

unit established within the court system will execute on the

minor’s permanent fund dividend or on the minor’s parent’s, if

applicable, 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. Where the allocation and

application of payments received from or on behalf of a

delinquent minor or a minor’s parents is uncertain, the court

shall apply the priority provisions of Criminal Rule 32.6(g).

(h) Financial Statement.

(1) As provided in AS 47.12.120(b)(4)(C), at the request

of the department, the victims’ advocate, or on its own motion,

the court shall, at any time, order the minor and the minor’s

parent, if applicable, to submit financial information on a form

approved by the administrative director to the court and the

department for the purpose of establishing the amount of

restitution or enforcing an order of restitution.

(2) If the minor or the minor’s parent, if applicable, fails

to submit a completed financial statement as ordered, the

minor’s probation officer, or a representative of the department

may notify the court by affidavit. Upon receipt of an affidavit

under this paragraph, the court shall schedule a hearing for the

minor or the minor’s parent, if applicable, to show cause why

the minor or the minor’s parent should not be held in contempt

for failure to comply with the order to submit the financial

statement.