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HB 25: "An Act relating to the Alaska Police Standards Council; relating to the definition of 'peace officer'; and relating to private police organizations."

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.