SB 180: "An Act relating to the composition, powers, and duties of the Alaska Police Standards Council; and requiring agencies that are regulated by the Alaska Police Standards Council to provide certain information about the council to persons who file a complaint about the conduct of a police officer, probation officer, parole officer, municipal correctional officer, or correctional officer."
00 SENATE BILL NO. 180 01 "An Act relating to the composition, powers, and duties of the Alaska Police Standards 02 Council; and requiring agencies that are regulated by the Alaska Police Standards 03 Council to provide certain information about the council to persons who file a complaint 04 about the conduct of a police officer, probation officer, parole officer, municipal 05 correctional officer, or correctional officer." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 SHORT TITLE. This Act may be known as Nancy's Law. 10 * Sec. 2. AS 18.65.150 is amended to read: 11 Sec. 18.65.150. Composition of council. The council consists of the following 12 persons: 13 (1) four chief administrative officers or chiefs of police of local
01 governments; 02 (2) the commissioner of public safety or a designee of the 03 commissioner; 04 (3) the commissioner of corrections or a designee of the commissioner; 05 (4) two persons, each of whom has been certified for five years or 06 more by the council under this chapter, one of whom serves as a police officer and one 07 of whom serves as a probation officer, parole officer, municipal correctional officer, or 08 correctional officer; 09 (5) one correctional administrative officer who is employed at the level 10 of a deputy director or higher; and 11 (6) six [FOUR] members of the public at large with at least two from 12 [THE] communities of 2,500 population or less; however, an employee or former 13 employee of an agency regulated by the council may not serve on the council as a 14 member of the public at large. 15 * Sec. 3. AS 18.65.180 is amended to read: 16 Sec. 18.65.180. Holding another office. Membership on the council does not 17 disqualify a member from holding any other public office or employment, except as 18 may be required under AS 18.65.150(6). 19 * Sec. 4. AS 18.65.220 is amended to read: 20 Sec. 18.65.220. Powers. The council has the power to 21 (1) adopt regulations for the administration of AS 18.65.130 - 22 18.65.290; 23 (2) establish minimum standards for employment as a police officer, 24 probation officer, parole officer, municipal correctional officer, and correctional 25 officer in a permanent or probationary position and certify persons to be qualified as 26 police officers, probation officers, parole officers, municipal correctional officers, and 27 correctional officers under AS 18.65.130 - 18.65.290; 28 (3) establish minimum criminal justice curriculum requirements for 29 basic, specialized, and in-service courses and programs for schools operated by or for 30 the state or a political subdivision of the state for the specific purpose of training 31 police recruits, police officers, probation officers, parole officers, municipal
01 correctional officers, and correctional officers; 02 (4) consult and cooperate with municipalities, agencies of the state, 03 other governmental agencies, universities, colleges, and other institutions concerning 04 the development of police officer, probation officer, parole officer, municipal 05 correctional officer, and correctional officer training schools and programs of criminal 06 justice instruction; 07 (5) employ an administrator and other persons necessary to carry out 08 its duties under AS 18.65.130 - 18.65.290; 09 (6) investigate when there is reason to believe that a police officer, 10 probation officer, parole officer, municipal correctional officer, or correctional officer 11 does not meet the minimum standards for employment; in connection with the 12 investigation the council may subpoena persons, books, records, or documents related 13 to the investigation and require answers in writing under oath to questions asked by 14 the council or the administrator; 15 (7) charge and collect a fee of $50 for processing applications for 16 certification of police, probation, parole, municipal correctional, and correctional 17 officers; 18 (8) determine when a person has violated AS 18.65.130 - 18.65.290 19 and conduct investigations under AS 18.65.222. 20 * Sec. 5. AS 18.65 is amended by adding new sections to read: 21 Sec. 18.65.222. Complaints. (a) A person may file a complaint with the 22 council regarding an act or omission of a police officer, probation officer, parole 23 officer, correctional officer, or municipal correctional officer. 24 (b) Upon receiving a complaint under this section, the council shall determine 25 whether the agency that employed the officer at the time of the events alleged in the 26 complaint has concluded an investigation of the allegations or declined to investigate 27 them. 28 (c) If the agency that employed the officer at the time of the alleged events has 29 concluded an investigation or declined to investigate, the council shall determine in 30 executive session whether or not the complaint makes allegations that would, if true, 31 constitute a reason to believe that the officer does not meet the minimum standards for
01 employment. The council shall report its determination to the complainant, the officer, 02 and the agency that employed the officer at the time of the events alleged in the 03 complaint. 04 (d) If the council determines that the complaint makes allegations that would, 05 if true, constitute a reason to believe that the officer does not meet the minimum 06 standards for employment, the council shall investigate the complaint as allowed by 07 AS 18.65.220(6). 08 Sec. 18.65.223. Information about contacting the council. Upon receiving a 09 complaint regarding an act or omission of a police officer, probation officer, parole 10 officer, municipal correctional officer, or correctional officer, the agency that 11 employed the officer at the time of the events alleged in the complaint shall provide to 12 the complainant information about the complainant's rights under AS 18.65.222 and 13 contact information for the council. 14 * Sec. 6. AS 18.65.240(c) is amended to read: 15 (c) The council may deny, suspend, or revoke the certificate of a police 16 officer who does not meet the standards adopted under (a)(2) of this section.