Criminal fines increased in October

JUNEAU -- Crime pays less these days, since the changes resulting from Senate Bill 339 took effect on Oct. 3.

Both individual and corporate defendants convicted in Alaska of criminal acts committed on or after that date may, at the discretion of judges, be penalized at a higher rate than before SB 339 was enacted. The greatest potential increase will be for individuals convicted of first- or second-degree murder, first-degree attempted murder, first-degree sexual assault, first-degree sexual abuse of a minor, kidnapping, or first-degree misconduct involving a controlled substance. The maximum fine for these crimes has been raised substantially -- from $75,000 to $500,000.

The maximum fine for a class A felony conviction was raised from $50,000 to $250,000. Class A felonies include manslaughter, armed robbery, arson with risk or physical injury, selling heroin to an adult and first-degree assault.

Maximum fines for class B felonies were raised from $50,000 to $100,000. These include unarmed robbery, theft of more than $25,000, selling cocaine or marijuana to a minor, burglary in a dwelling, bribery, perjury, second-degree assault, and second-degree sexual abuse of a minor.

Class C felony convictions remain punishable by a maximum fine of $50,000. Class C felonies include negligent homicide, burglary not in a dwelling, third-degree assault, theft of $500-$25,000, check forgery, possession of heroin or cocaine, selling marijuana and bootlegging.

Fines for misdemeanor convictions were raised as well. The maximum fine for a class A misdemeanor was raised from $5,000 to $10,000. Class A misdemeanors include fourth-degree assault, theft of $50-$500, drunken driving, refusing a breath test, resisting arrest, wanton waste of a moose and trespass in a dwelling.

Maximum fines for class B misdemeanors were raised from $1,000 to $2,000. These include carrying a concealed weapon, gambling and possession of marijuana. The maximum fine for a violation was raised from $300 to $500.

The maximum fine for an organization convicted of a felony or misdemeanor offense that results in death was raised from $500,000 to $1 million.

The maximum fine for an organization convicted of any offense was raised from two times to three times the monetary gain realized by the organization as a result of the offense. Similarly, the maximum fine was raised from two times to three times the monetary damage or loss caused by the organization to another as a result of the offense.

According to the Senate Journal of March 15, Sen. Dave Donley, R-Anchorage, spoke in favor of SB 339 when it was first heard in the Senate Finance Committee, saying that "these fines are challenging to collect;" however, it is important that "the fine is high enough to be both a deterrent and a penalty." The increases proposed by the bill were, according to Donley, "similar to the higher end of the rates" used by other states.

The Journal reflects that Donley explained that criminal fines had not been increased for individual convictions since 1978 and for corporate convictions since 1990. He said the actual rate of inflation since the individual fine modification had been 216 percent.

Judges have the ability to impose lower fines than the maximum, and Senate testimony during the hearing reflected that judges do, indeed, impose a wide range of fines.

Dean Guaneli, chief assistant attorney general for Alaska, said on Friday that fines paid by criminals go into the state's general fund. The increase will not be a significant source of revenue, however, because according to Guaneli, it is rare that a judge imposes the maximum fine. He said that recent increases to mandatory fines for drunken driving will actually provide more revenue.

Guaneli added that judges usually take into consideration a person's ability to pay a fine when handing down a sentence, and that most judges would rather offenders pay restitution to the victims of their crimes than to pay fines into state coffers.

Senators Ward and Donley could not comment before press time.