00 SENATE BILL NO. 46 01 "An Act relating to the Alaska Police Standards Council; relating to municipal 02 correctional officers and municipal correctional employees; making municipal police 03 officers subject to police standards; establishing a statewide use-of-force database in the 04 Department of Public Safety; requiring a municipality that employs a person as a 05 municipal police officer or in a municipal correctional facility, the Department of 06 Corrections, or the Department of Public Safety to report for inclusion in the database 07 incidents of use of force by state and municipal police, probation, parole, and 08 correctional officers and municipal correctional facility employees; and providing for an 09 effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11  * Section 1. AS 18.65.220 is amended by adding new subsections to read: 12 (b) The council shall adopt regulations requiring a police officer, probation 01 officer, parole officer, municipal correctional officer, or correctional officer to report 02 to a supervisor, as soon as practicable, an incident in which an officer used deadly 03 force or prepared to use deadly force against a person. 04 (c) The council shall maintain a central registry of police officers, probation 05 officers, parole officers, municipal correctional officers, and correctional officers who 06 have had a certificate denied or revoked under AS 18.65.240(c) or 18.65.245. The 07 council may enter and maintain in the central registry information that the council 08 obtains from the Department of Public Safety, the Department of Corrections, or a 09 municipality about each officer who has had a certificate denied or revoked. The 10 council shall adopt regulations to ensure the appropriate circulation to law 11 enforcement agencies of information contained in the central registry. 12 (d) The council shall prepare a report detailing the central registry information 13 updates that have been entered in the preceding year and submit the report to the chief 14 clerk of the house of representatives and the senate secretary not later than 15 December 1 of each year. 16 (e) Upon request, the council shall assist a department, an agency, or a 17 municipality in developing rules that comply with regulations adopted under (b) of 18 this section. 19  * Sec. 2. AS 18.65.285 is amended to read: 20 Sec. 18.65.285. Municipal correctional employees. A municipality that 21 employs persons in a municipal correctional facility shall [MAY, BY ORDINANCE,] 22 require that those persons meet the requirements of AS 18.65.130 - 18.65.290 that are 23 applicable to municipal correctional officers. 24  * Sec. 3. AS 18.65.290(6) is amended to read: 25 (6) "municipal correctional officer" means a person who is employed 26 full-time in a municipal correctional facility whose primary duty is to provide custody, 27 care, security, control, and discipline of persons charged or convicted of offenses or 28 held under authority of law; [AND THE MUNICIPALITY HAS ADOPTED AN 29 ORDINANCE UNDER AS 18.65.285 MAKING AS 18.65.130 - 18.65.290 30 APPLICABLE;] 31  * Sec. 4. AS 18.65.290 is amended by adding a new paragraph to read: 01 (10) "deadly force" has the meaning given in AS 11.81.900(b). 02  * Sec. 5. AS 18.65.670(c) is amended to read: 03 (c) The commissioner of public safety may adopt regulations related to village 04 public safety officers, including minimum standards and training, criteria for 05 participation by a community, a municipality, an Alaska Native organization, or a 06 corporation, and the interaction between the Department of Public Safety and village 07 public safety officers. Regulations adopted by the commissioner of public safety under 08 this subsection may not prohibit village public safety officers who otherwise meet 09 minimum standards and training from carrying firearms. If the commissioner of public 10 safety adopts regulations regarding training for village public safety officers, at a 11 minimum, that training must include disability training that provides training in the 12 subjects set out in AS 18.65.220(a)(3) [AS 18.65.220(3)]. The commissioner of 13 corrections may adopt regulations related to the functions of village public safety 14 officers providing probation and parole supervision. 15  * Sec. 6. AS 29.71 is amended by adding a new section to read: 16 Sec. 29.71.070. Use of force reporting requirement. A municipality that 17 employs a person as a municipal police officer or in a municipal correctional facility 18 shall submit to the Department of Public Safety for inclusion in the statewide use-of- 19 force database established under AS 44.41.055 a report of each incident in which a 20 municipal police officer or municipal correctional facility employee uses force against 21 a person. The report must include the information required under AS 44.41.055(b). 22  * Sec. 7. AS 44.28.020 is amended by adding a new subsection to read: 23 (d) The department shall submit to the Department of Public Safety for 24 inclusion in the statewide use-of-force database established under AS 44.41.055 a 25 report of each incident in which a probation officer, parole officer, or correctional 26 officer uses force against a person. The report must include the information required 27 under AS 44.41.055(b). 28  * Sec. 8. AS 44.41.020 is amended by adding a new subsection to read: 29 (h) The Department of Public Safety shall submit to the statewide use-of-force 30 database established under AS 44.41.055 a report of each incident in which a state 31 trooper, village public safety officer, or regional public safety officer uses force 01 against a person. The report must include the information required under 02 AS 44.41.055(b). 03  * Sec. 9. AS 44.41 is amended by adding a new section to read: 04 Sec. 44.41.055. Statewide use-of-force database. (a) To support criminal 05 justice services in the state, the Department of Public Safety shall establish a statewide 06 use-of-force database. 07 (b) The Department of Public Safety shall collect reports of use of force by a 08 municipal police officer or municipal correctional facility employee submitted by a 09 municipality under AS 29.71.070, by a probation officer, parole officer, or 10 correctional officer submitted by the Department of Corrections under 11 AS 44.28.020(d), and by a state trooper, village public safety officer, or regional 12 public safety officer submitted by the Department of Public Safety under 13 AS 44.41.020(h) and record in the database each incident in which force was used, 14 including the 15 (1) age and race of the 16 (A) person against whom force was used; and 17 (B) officer or employee who used force against that person; 18 (2) sexual orientation and gender identity, if voluntarily provided, of 19 the 20 (A) person against whom force was used; and 21 (B) officer or employee who used force against that person; 22 (3) name of the officer or employee who used force against a person; 23 (4) borough or census area in which the use of force occurred; and 24 (5) type of force that was used. 25 (c) Information about a municipal police officer or municipal correctional 26 facility employee recorded in the database under (b)(1)(B), (b)(2)(B), (b)(3), and 27 (b)(4) of this section is confidential and not subject to public disclosure. However, the 28 Department of Public Safety shall provide the information to a municipality or law 29 enforcement agency for employment purposes. 30 (d) The Department of Public Safety shall prepare a report detailing the 31 information contained in the database reports that have been entered in the preceding 01 year and submit the report to the chief clerk of the house of representatives and the 02 senate secretary not later than December 1 of each year. 03 (e) In this section, 04 (1) "gender identity" means having or being perceived as having a 05 gender, self-image, appearance, or behavior, regardless of whether that gender, self- 06 image, appearance, or behavior is different from that traditionally associated with the 07 sex assigned to that person at birth; 08 (2) "law enforcement agency" means a public agency that performs as 09 one of its principal functions an activity relating to crime prevention, control, or 10 reduction or relating to the enforcement of the criminal law; "law enforcement 11 agency" does not include a court; 12 (3) "sexual orientation" means heterosexuality, homosexuality, and 13 bisexuality. 14  * Sec. 10. AS 18.65.280(b) is repealed. 15  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. AS 18.65.285, as amended by sec. 2 of this Act, applies to 18 employment contracts entered into on or after the effective date of sec. 2 of this Act. 19  * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: EMPLOYMENT. Each person who, on the effective date of sec. 10 of 22 this Act, is employed as a municipal correctional officer or municipal police officer by a 23 political subdivision with an established police training program that met the requirements for 24 exemption under former AS 18.65.280(b), repealed by sec. 10 of this Act, has one year from 25 the effective date of sec. 10 of this Act to comply with the requirements of AS 18.65.240. 26  * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITION: REGULATIONS. The Department of Corrections, the Department of 29 Public Safety, and a municipality that employs a person as a municipal police officer or in a 30 municipal correctional facility shall adopt regulations necessary to implement secs. 6 - 9 of 31 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 01 before the effective date of secs. 6 - 9 of this Act. The Department of Corrections, the 02 Department of Public Safety, and municipalities shall adopt and publish these regulations by 03 January 1, 2022. 04  * Sec. 14. Section 13 of this Act takes effect immediately under AS 01.10.070(c). 05  * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect July 1, 2021.