00 HOUSE BILL NO. 25 01 "An Act relating to the Alaska Police Standards Council; relating to the definition of 02 'peace officer'; and relating to private police organizations." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 11.81.900(b)(46) is amended to read: 05 (46) "peace officer" means a public servant or employee of a private  06 police organization vested by law with a duty to maintain public order or to make 07 arrests, whether the duty extends to all offenses or is limited to a specific class of 08 offenses or offenders; 09  * Sec. 2. AS 11.81.900(b) is amended by adding a new paragraph to read: 10 (68) "private police organization" means a private organization that 11 (A) is authorized by the Alaska Police Standards Council under 12 AS 18.65.350; and 13 (B) employs private police officers vested by law with a duty to 14 maintain order or make arrests, whether the duty extends to all offenses or is 01 limited to a specific class of offenses or offenders. 02  * Sec. 3. AS 18.65.220 is amended to read:  03 Sec. 18.65.220. Powers. The council has the power to  04 (1) adopt regulations for the administration of AS 18.65.130 - 05 18.65.290; 06 (2) establish minimum standards for employment as a police officer, 07 probation officer, parole officer, municipal correctional officer, and correctional 08 officer in a permanent or probationary position and certify persons to be qualified as 09 police officers, probation officers, parole officers, municipal correctional officers, and 10 correctional officers under AS 18.65.130 - 18.65.290; 11 (3) establish minimum criminal justice curriculum requirements for 12 basic, specialized, and in-service courses and programs for schools operated by or for 13 the state or a political subdivision of the state for the specific purpose of training 14 police recruits, police officers, probation officers, parole officers, municipal 15 correctional officers, and correctional officers; the curriculum requirements 16 established under this paragraph must include training in 17 (A) recognizing persons with disabilities; 18 (B) appropriate interactions with persons with disabilities; 19 (C) resources available to persons with disabilities and to those 20 interacting with persons with disabilities; and 21 (D) the requirements of 42 U.S.C. 12131 - 12165 (Title II of 22 the Americans with Disabilities Act of 1990); 23 (4) consult and cooperate with municipalities, agencies of the state, 24 other governmental agencies, universities, colleges, and other institutions concerning 25 the development of police officer, probation officer, parole officer, municipal 26 correctional officer, and correctional officer training schools and programs of criminal 27 justice instruction; 28 (5) employ an administrator and other persons necessary to carry out 29 its duties under AS 18.65.130 - 18.65.290; 30 (6) investigate when there is reason to believe that a police officer, 31 probation officer, parole officer, municipal correctional officer, or correctional officer 01 does not meet the minimum standards for employment; in connection with the 02 investigation, the council may subpoena persons, books, records, or documents related 03 to the investigation and require answers in writing under oath to questions asked by 04 the council or the administrator; 05 (7) charge and collect a fee of $50 for processing applications for 06 certification of police, probation, parole, municipal correctional, and correctional 07 officers; 08 (8) require a state and national criminal history record check for an 09 applicant to a training program established in AS 18.65.230 and for a person to be 10 certified as a police officer under AS 18.65.240 if that person's prospective employer 11 does not have access to a criminal justice information system; 12 (9) authorize a private police organization under AS 18.65.350;  13 (10) establish accreditation standards for private police  14 organizations under AS 18.65.350 that are consistent with AS 18.65.130 -  15 18.65.290;  16 (11) issue a certificate to an applicant who is an employee of a  17 private police organization and who  18 (A) has satisfactorily completed a  19 (i) basic program of police training approved under  20 AS 18.65.240(a)(1); or  21 (ii) program or course of instruction in another  22 jurisdiction equivalent in content and quality to that required  23 under AS 18.65.240; and  24 (B) possesses the other qualifications established by the  25 Alaska Police Standards Council for the employment of police officers  26 under AS 18.65.240(a)(2). 27  * Sec. 4. AS 18.65.290 is amended by adding a new paragraph to read: 28 (10) "private police organization" has the meaning given in 29 AS 11.81.900(b). 30  * Sec. 5. AS 18.65 is amended by adding new sections to read: 31 Article 4A. Private Police Organizations. 01 Sec. 18.65.350. Private police organizations. (a) The Alaska Police Standards 02 Council shall authorize a person to establish a private police organization if 03 (1) the majority owner of the organization is or was formerly a peace 04 officer in any state; 05 (2) the majority owner is a state resident and has lived in the state for 06 at least the last 10 years; and 07 (3) the person agrees to adhere to the accreditation standards set by the 08 council and other applicable federal and state law. 09 (b) The Alaska Police Standards Council shall ensure that the duties and 10 responsibilities of a private police organization authorized under this section are 11 consistent with the duties and responsibilities of other state or municipal police 12 departments or law enforcement agencies. A private police organization shall comply 13 with the Constitution of the United States, the Constitution of the State of Alaska, and 14 federal and state law. 15 (c) After a hearing, the Alaska Police Standards Council may revoke the 16 authorization for a private police organization if the council finds that the private 17 police organization has failed to adhere to the accreditation standards in (a)(3) of this 18 section. 19 (d) A person whose authorization for a private police organization has been 20 revoked under (c) of this section may not reapply for authorization. 21 (e) In this section, "private police organization" has the meaning given in 22 AS 11.81.900(b). 23 Sec. 18.65.360. Private police officers. A person may not be employed as a 24 private police officer, except on a probationary basis, unless the person 25 (1) has satisfactorily completed a basic program of police training 26 approved under AS 18.65.240(a)(1); 27 (2) possesses the other qualifications set by the Alaska Police 28 Standards Council for the employment of police officers established under 29 AS 18.65.240(a)(2); and 30 (3) maintains a valid certificate issued by the Alaska Police Standards 31 Council or, if the certificate has lapsed or expired, has recertified or reauthorized the 01 certificate through a certified or regulated law enforcement refresher academy or 02 requalification course at a basic police training facility.