Current Alaska law limits restitution to $15,000 (and $25,000 if an insurance policy will pay for the restitution) if a minor vandalizes. Additionally, current law holds only parents/guardians accountable for this restitution not the minor who made the choice to vandalize.

Senate Bill 10 would remove the cap, allowing full restitution for any vandalism performed by a minor. Additionally, it would allow the courts to recover damages from the minor along with the parents. As a result, for example, the court could take away a minor's permanent fund dividend check.

In the past, the legislature has not removed the cap because of a concern of bankrupting families. SB 10 has two provisions responding to this concern while still ensuring full accountability. First, SB 10 requires the courts to develop a payment plan based on financial resources. We know a family with $10,000 in assets is different from a family with $1 million in assets. Under SB 10, both families will be held accountable for the damages but may have different payment schedules.

Second, SB 10 holds the minor solely responsible for the remaining restitution when he/she turns 18, and again the courts are required to create a reasonable payment plan based on financial ability. For example, a 16 year old does $50,000 worth of damage to a school play yard. The court may determine the parents must pay $5,000 a year for two years. When the minor turns 18, he/she will be responsible for the remaining $40,000 with the court deciding he/she can and must pay $2,000 a year. In the end, the restitution will be paid in full.

It is our hope holding minors who vandalize fully accountable for their action may make them think twice before vandalizing. If it does not, they (not the taxpayers, business owner, or homeowner) will be accountable for the restitution.