Alaska Stat. » Chapter 12.55
Alaska Statutes

Alaska Stat. § 12.55.045 (2026)

Restitution and compensation

✓ current as of July 2026
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Sec. 12.55.045. Restitution and compensation.
 (a) The court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this section, including restitution to the victim or other person injured by the offense, to a public, private, or private nonprofit organization that has provided or is or will be providing counseling, medical, or shelter services to the victim or other person injured by the offense, or as otherwise authorized by law. The court shall, when presented with credible evidence, unless the victim expressly declines restitution, also order a defendant convicted of an offense to compensate a victim that is a nonprofit organization for the value of labor or goods provided by volunteers if the labor or goods were necessary to alleviate or mitigate the effects of the defendant's crime. In determining the amount and method of payment of restitution or compensation, the court shall take into account the
     (1) public policy that favors requiring criminals to compensate for damages and injury, including loss of income, to their victims; and

     (2) financial burden placed on the victim and those who provide services to the victim and other persons injured by the offense as a result of the criminal conduct of the defendant.

 (b) An order of restitution under this section does not limit any civil liability of the defendant arising from the defendant's conduct.

 (c) If a defendant is sentenced to pay restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If the defendant fails to make one or more payments required under this section, the victim or the state on the victim's behalf may enforce the total amount remaining under the order of restitution as provided in (l) of this section.

 (d) In any case, including a case in which the defendant is convicted of a violation of AS 11.46.120 — 11.46.150 and the property is commercial fishing gear as defined in AS 16.43.990, the court shall consider the victim's loss, and the order of restitution may include compensation for loss of income.

 (e) [Repealed, § 7 ch 17 SLA 2004.]
 (f) [Repealed, § 7 ch 17 SLA 2004.]
 (g) The court may not, in ordering the amount of restitution, consider the defendant's ability to pay restitution.

 (h) In imposing restitution under this section, the court may require the defendant to make restitution by means other than the payment of money.

 (i) An order of restitution made under this section is a condition of the defendant's sentence and, in cases in which the court suspends all or a portion of the defendant's sentence, the order of restitution is a condition of the suspended sentence. If the court suspends imposition of sentence under AS 12.55.085, the order of restitution is a condition of the suspended imposition of sentence.

 (j) A defendant who is convicted of an offense for which restitution may be ordered shall submit financial information as ordered by the court. The Alaska Court System shall prepare a form, in consultation with the Department of Law, for the submission of the information; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210. A defendant who is convicted of (1) a felony shall submit the form to the probation office within 30 days after conviction, and the probation officer shall attach the form to the presentence report, or (2) a misdemeanor shall file the form with the defendant's response or opposition to the restitution amount. The defendant shall provide a copy of the completed form to the prosecuting authority.

 (k) The court, on its own motion or at the request of the prosecuting authority or probation officer, may order a defendant on probation who has been ordered to pay restitution to submit financial information to the court using the form specified in (j) of this section. The defendant shall file the completed form with the court within five days after the court's order. The defendant shall provide a copy of the completed form to the prosecuting authority and the person's probation officer, if any.

 (l) An order by the court that the defendant pay restitution is a civil judgment for the amount of the restitution. An order by the court that the defendant pay restitution when the court suspends entry of judgment under AS 12.55.078 or suspends imposition of sentence under AS 12.55.085 is a civil judgment for the amount of the restitution and remains enforceable and is not discharged when the proceeding is dismissed under AS 12.55.078 or a conviction is set aside under AS 12.55.085. The victim or the state on behalf of the victim may enforce the judgment through any procedure authorized by law for the enforcement of a civil judgment. If the victim enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the victim'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 enforce orders of restitution.

 (m) Notwithstanding another provision of law, the court shall accept
     (1) payments of restitution from a defendant at any time; and

     (2) prepayments of restitution or payments in anticipation of an order of restitution.

 (n) In determining the amount of actual damages or loss for restitution under this section, the court shall value property as the market value of the property at the time and place of the crime or, if the market value cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.

 (o) In this section,
     (1) “conviction” means that the defendant has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;

     (2) “loss of income” includes the total loss of income a business or person suffers as a result of not having stolen property available during the time it takes to obtain a replacement.




Notes of Decisions
Cited in 56 cases (10 in the last 5 years), 1980–2025 · leading case: State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024).
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State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). · cites it 19× “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). · cites it 24× “The *5 Alaska legislature clearly intended courts to construe AS 12.55.045 and AS 12.55.100 broadly to allow courts to order restitution to all persons injured by the defendant's conduct.”
Hodges v. State, 158 P.3d 864 (Alaska Ct. App. 2007). · cites it 18× “Why we conclude that neither the guarantee of due process mor the principle of reformation is violated when a sentencing court sets the total amount of restitution without regard to the defendant's ability to pay that sum In order to assess the constitutionality of subsection…”
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). · cites it 15× “17 Former AS 12.55.045(a) (pre-1988 version) required sentencing judges to "take into account the financial resources of the defendant and the nature of the burden its payment will impose" in ordering restitution.”
Karr v. State, 686 P.2d 1192 (Alaska 1984). · cites it 6× “On a petition for hearing to this court, Karr asserts that the sentence imposed was excessive and contends that the restitution was imposed in violation of AS 12.55.045(a) because the judge did not consider her ability to pay restitution.”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). · cites it 5× “6 In particular, AS 12.55.045(a) authorizes restitution, as a direct component of a sentence, “to the victim or other person injured by the offense[.”
Brezenoff v. State, 658 P.2d 1359 (Alaska Ct. App. 1983). · cites it 4× “We therefore find no error in the trial judge’s decision to determine the total amount of the loss caused to the victim by Brezenoff’s conduct at this time but defer the inquiry required by AS 12.55.045 until she is released. Cf. AS 12.”
Ratliff v. State, 798 P.2d 1288 (Alaska Ct. App. 1990). · cites it 8× “Restitution is governed by AS 12.55.045(a). The original version of that provision required the sentencing court to make an affirmative finding that the defendant possessed the ability to pay restitution.”
Ortiz v. State, 173 P.3d 430 (Alaska Ct. App. 2007). · cites it 7× “In a written motion, Ortiz argued that his restitution obligation should be governed by the version *431 of AS 12.55.045 that was in effect at the time he committed his offense.”
Celesty Noel Farmer v. State of Alaska, 449 P.3d 1116 (Alaska Ct. App. 2019). · cites it 4× “100(a) (and additionally, under AS 12.55.045, the statute permitting the imposition of restitution as a direct component of a defendant’s sentence), the sentencing judge could require Fee to pay restitution for the “actual damage suffered by the victim as a result of Fee’s…”
Lonis v. State, 998 P.2d 441 (Alaska Ct. App. 2000). · cites it 4× “” 19 It seems most likely from' both the plain language of AS 12.55.045 and the stated legislative policy that an insurance *448 company which suffers a loss, because of a defendant’s conduct, is a “victim” entitled to receive restitution under the statute.”
Brennan Grubb v. State of Alaska, 506 P.3d 791 (Alaska Ct. App. 2022). · cites it 4× “5 Alaska’s restitution statutes provide that, unless a victim declines restitution, a court shall order restitution for the actual damages or loss caused by the conduct for which the defendant was convicted.”
Show all 56 citing cases →
— Alaska Stat. § 12.55.045(a) — 28 cases
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “The *5 Alaska legislature clearly intended courts to construe AS 12.55.045 and AS 12.55.100 broadly to allow courts to order restitution to all persons injured by the defendant's conduct.”
Karr v. State, 686 P.2d 1192 (Alaska 1984). “On a petition for hearing to this court, Karr asserts that the sentence imposed was excessive and contends that the restitution was imposed in violation of AS 12.55.045(a) because the judge did not consider her ability to pay restitution.”
Ratliff v. State, 798 P.2d 1288 (Alaska Ct. App. 1990). “Restitution is governed by AS 12.55.045(a). The original version of that provision required the sentencing court to make an affirmative finding that the defendant possessed the ability to pay restitution.”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “6 In particular, AS 12.55.045(a) authorizes restitution, as a direct component of a sentence, “to the victim or other person injured by the offense[.”
— Alaska Stat. § 12.55.045(a)(1) — 4 cases
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “6 In particular, AS 12.55.045(a) authorizes restitution, as a direct component of a sentence, “to the victim or other person injured by the offense[.”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “The *5 Alaska legislature clearly intended courts to construe AS 12.55.045 and AS 12.55.100 broadly to allow courts to order restitution to all persons injured by the defendant's conduct.”
Celesty Noel Farmer v. State of Alaska, 449 P.3d 1116 (Alaska Ct. App. 2019). “100(a) (and additionally, under AS 12.55.045, the statute permitting the imposition of restitution as a direct component of a defendant’s sentence), the sentencing judge could require Fee to pay restitution for the “actual damage suffered by the victim as a result of Fee’s…”
— Alaska Stat. § 12.55.045(a2) — 1 case
Ned v. State, 119 P.3d 438 (Alaska Ct. App. 2005).
— Alaska Stat. § 12.55.045(b) — 3 cases
Dorris v. State, 656 P.2d 578 (Alaska Ct. App. 1982).
Patrick H. Torrence v. Tyler Blue, 552 P.3d 489 (Alaska 2024).
Scott Abraham Groom v. State of Alaska, 551 P.3d 567 (Alaska Ct. App. 2024).
— Alaska Stat. § 12.55.045(c) — 3 cases
Brezenoff v. State, 658 P.2d 1359 (Alaska Ct. App. 1983). “We therefore find no error in the trial judge’s decision to determine the total amount of the loss caused to the victim by Brezenoff’s conduct at this time but defer the inquiry required by AS 12.55.045 until she is released. Cf. AS 12.”
Hodges v. State, 158 P.3d 864 (Alaska Ct. App. 2007). “Why we conclude that neither the guarantee of due process mor the principle of reformation is violated when a sentencing court sets the total amount of restitution without regard to the defendant's ability to pay that sum In order to assess the constitutionality of subsection…”
Brennan Grubb v. State of Alaska (Alaska Ct. App. 2025).
— Alaska Stat. § 12.55.045(d) — 2 cases
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Celesty Noel Farmer v. State of Alaska, 449 P.3d 1116 (Alaska Ct. App. 2019). “100(a) (and additionally, under AS 12.55.045, the statute permitting the imposition of restitution as a direct component of a defendant’s sentence), the sentencing judge could require Fee to pay restitution for the “actual damage suffered by the victim as a result of Fee’s…”
— Alaska Stat. § 12.55.045(f) — 7 cases
Thompson v. State, 64 P.3d 132 (Alaska Ct. App. 2003).
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “17 Former AS 12.55.045(a) (pre-1988 version) required sentencing judges to "take into account the financial resources of the defendant and the nature of the burden its payment will impose" in ordering restitution.”
Ortiz v. State, 173 P.3d 430 (Alaska Ct. App. 2007). “In a written motion, Ortiz argued that his restitution obligation should be governed by the version *431 of AS 12.55.045 that was in effect at the time he committed his offense.”
W.S. v. State, 174 P.3d 256 (Alaska Ct. App. 2008).
J.C.W. v. State, 880 P.2d 1067 (Alaska Ct. App. 1994).
— Alaska Stat. § 12.55.045(g) — 7 cases
R.C., a minor v. State, 435 P.3d 1022 (Alaska Ct. App. 2018). “17 Former AS 12.55.045(a) (pre-1988 version) required sentencing judges to "take into account the financial resources of the defendant and the nature of the burden its payment will impose" in ordering restitution.”
Hodges v. State, 158 P.3d 864 (Alaska Ct. App. 2007). “Why we conclude that neither the guarantee of due process mor the principle of reformation is violated when a sentencing court sets the total amount of restitution without regard to the defendant's ability to pay that sum In order to assess the constitutionality of subsection…”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Ortiz v. State, 173 P.3d 430 (Alaska Ct. App. 2007). “In a written motion, Ortiz argued that his restitution obligation should be governed by the version *431 of AS 12.55.045 that was in effect at the time he committed his offense.”
W.S. v. State, 174 P.3d 256 (Alaska Ct. App. 2008).
— Alaska Stat. § 12.55.045(i) — 5 cases
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Demers v. State, 42 P.3d 1 (Alaska Ct. App. 2002). “The *5 Alaska legislature clearly intended courts to construe AS 12.55.045 and AS 12.55.100 broadly to allow courts to order restitution to all persons injured by the defendant's conduct.”
Sarah Romines Skupa v. State of Alaska, 520 P.3d 1184 (Alaska Ct. App. 2022).
Jason A. Dixon v. State of Alaska, 553 P.3d 1273 (Alaska Ct. App. 2024).
Margaret Valerie Williams v. State of Alaska, 542 P.3d 230 (Alaska Ct. App. 2023).
— Alaska Stat. § 12.55.045(l) — 3 cases
Brennan Grubb v. State of Alaska, 506 P.3d 791 (Alaska Ct. App. 2022). “5 Alaska’s restitution statutes provide that, unless a victim declines restitution, a court shall order restitution for the actual damages or loss caused by the conduct for which the defendant was convicted.”
Scott Abraham Groom v. State of Alaska, 551 P.3d 567 (Alaska Ct. App. 2024).
Sarah Romines Skupa v. State of Alaska, 520 P.3d 1184 (Alaska Ct. App. 2022).
— Alaska Stat. § 12.55.045(n) — 4 cases
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “45 But despite detailed drafts, the end result, AS 12.55.045, was relatively modest compared to the sweeping overhaul of restitution proposed in the drafts.”
Scott Abraham Groom v. State of Alaska, 551 P.3d 567 (Alaska Ct. App. 2024).
Jason A. Dixon v. State of Alaska, 553 P.3d 1273 (Alaska Ct. App. 2024).
Brennan Grubb v. State of Alaska (Alaska Ct. App. 2025).
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