00                      CS FOR SENATE BILL NO. 46(CRA)                                                                    
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; requiring the Department of Public Safety to submit                               
04 a yearly use-of-force report to the legislature; requiring a municipality that employs a                                
05 person as a municipal police officer or in a municipal correctional facility, the                                       
06 Department of Corrections, or the Department of Public Safety to report to the Federal                                  
07 Bureau of Investigation incidents of use of force by state and municipal police,                                        
08 probation, parole, and correctional officers and municipal correctional facility                                        
09 employees; and providing for an 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 make recommendations relating to and may adopt                                        

01 regulations requiring a police officer, probation officer, parole officer, municipal                                    
02 correctional officer, or correctional officer to report to a supervisor, as soon as                                     
03 practicable, an incident in which an officer used deadly force or prepared to use deadly                                
04       force against a person.                                                                                           
05 (c)  The council shall maintain a central registry of police officers, probation                                        
06 officers, parole officers, municipal correctional officers, and correctional officers who                               
07 have had a certificate denied or revoked under AS 18.65.240(c) or 18.65.245. The                                        
08 council may enter and maintain in the central registry information that the council                                     
09 obtains from the Department of Public Safety, the Department of Corrections, or a                                       
10 municipality about each officer who has had a certificate denied or revoked. The                                        
11 central registry information shall include the reason for which each officer's certificate                              
12 was denied or revoked. The council shall adopt regulations to ensure the appropriate                                    
13 circulation to law enforcement agencies of information contained in the central                                         
14       registry.                                                                                                         
15 (d)  The council shall prepare a report detailing the central registry information                                      
16 updates that have been entered in the preceding year and submit the report to the chief                                 
17 clerk of the house of representatives and the senate secretary not later than                                           
18       December 1 of each year.                                                                                          
19 (e)  Upon request, the council shall assist a department, an agency, or a                                               
20 municipality in developing rules based on recommendations or regulations adopted                                        
21       under (b) of this section.                                                                                        
22    * Sec. 2. AS 18.65.285 is amended to read:                                                                         
23 Sec. 18.65.285. Municipal correctional employees. A municipality that                                                 
24 employs persons in a municipal correctional facility shall [MAY, BY ORDINANCE,]                                     
25 require that those persons meet the requirements of AS 18.65.130 - 18.65.290 that are                                   
26       applicable to municipal correctional officers.                                                                    
27    * Sec. 3. AS 18.65.290(6) is amended to read:                                                                      
28 (6)  "municipal correctional officer" means a person who is employed                                                    
29 full-time in a municipal correctional facility whose primary duty is to provide custody,                                
30 care, security, control, and discipline of persons charged or convicted of offenses or                                  
31 held under authority of law; [AND THE MUNICIPALITY HAS ADOPTED AN                                                       

01       ORDINANCE UNDER AS 18.65.285 MAKING AS 18.65.130 - 18.65.290                                                      
02       APPLICABLE;]                                                                                                      
03    * Sec. 4. AS 18.65.290 is amended by adding a new paragraph to read:                                               
04                 (10)  "deadly force" has the meaning given in AS 11.81.900(b).                                          
05    * Sec. 5. AS 18.65.670(c) is amended to read:                                                                      
06 (c)  The commissioner of public safety may adopt regulations related to village                                         
07 public safety officers, including minimum standards and training, criteria for                                          
08 participation by a community, a municipality, an Alaska Native organization, or a                                       
09 corporation, and the interaction between the Department of Public Safety and village                                    
10 public safety officers. Regulations adopted by the commissioner of public safety under                                  
11 this subsection may not prohibit village public safety officers who otherwise meet                                      
12 minimum standards and training from carrying firearms. If the commissioner of public                                    
13 safety adopts regulations regarding training for village public safety officers, at a                                   
14 minimum, that training must include disability training that provides training in the                                   
15 subjects set out in AS 18.65.220(a)(3) [AS 18.65.220(3)]. The commissioner of                                       
16 corrections may adopt regulations related to the functions of village public safety                                     
17       officers providing probation and parole supervision.                                                              
18    * Sec. 6. AS 29.71 is amended by adding a new section to read:                                                     
19 Sec. 29.71.070. Use of force reporting requirement. A municipality that                                               
20 employs a person as a municipal police officer or in a municipal correctional facility                                  
21 shall report to the Federal Bureau of Investigation each incident in which a municipal                                  
22       police officer or municipal correctional facility employee uses force against a person.                           
23    * Sec. 7. AS 44.28.020 is amended by adding a new subsection to read:                                              
24 (d)  The department shall submit to the Federal Bureau of Investigation a                                               
25 report of each incident in which a probation officer, parole officer, or correctional                                   
26       officer uses force against a person.                                                                              
27    * Sec. 8. AS 44.41.020 is amended by adding a new subsection to read:                                              
28 (h)  The Department of Public Safety shall submit to the Federal Bureau of                                              
29 Investigation a report of each incident in which a state trooper, village public safety                                 
30       officer, or regional public safety officer uses force against a person.                                           
31    * Sec. 9. AS 44.41 is amended by adding a new section to read:                                                     

01 Sec. 44.41.055. Statewide use-of-force report. The Department of Public                                               
02 Safety shall prepare a report detailing the information contained in reports that the                                   
03 Department of Public Safety, the Department of Corrections, and municipalities                                          
04 submitted to the Federal Bureau of Investigation in the preceding year regarding the                                    
05 use of force and submit the report to the chief clerk of the house of representatives and                               
06       the senate secretary not later than December 1 of each year.                                                      
07    * Sec. 10. AS 18.65.280(b) is repealed.                                                                            
08    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10 APPLICABILITY. AS 18.65.285, as amended by sec. 2 of this Act, applies to                                               
11 employment contracts entered into on or after the effective date of sec. 2 of this Act.                                 
12    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                         
13 read:                                                                                                                   
14 TRANSITION: EMPLOYMENT. Each person who, on the effective date of sec. 10 of                                            
15 this Act, is employed as a municipal correctional officer or municipal police officer by a                              
16 political subdivision with an established police training program that met the requirements for                         
17 exemption under former AS 18.65.280(b), repealed by sec. 10 of this Act, has one year from                              
18 the effective date of sec. 10 of this Act to comply with the requirements of AS 18.65.240.                              
19    * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to                         
20 read:                                                                                                                   
21 TRANSITION: REGULATIONS. The Department of Corrections, the Department of                                               
22 Public Safety, and a municipality that employs a person as a municipal police officer or in a                           
23 municipal correctional facility shall adopt regulations necessary to implement secs. 6 - 9 of                           
24 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                            
25 before the effective date of secs. 6 - 9 of this Act. The Department of Corrections, the                                
26 Department of Public Safety, and municipalities shall adopt and publish these regulations by                            
27 January 1, 2023.                                                                                                        
28    * Sec. 14. Section 13 of this Act takes effect immediately under AS 01.10.070(c).                                  
29    * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect July 1, 2022.