Legislature(2023 - 2024)BELTZ 105 (TSBldg)
03/09/2023 01:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB16 | |
| SB23 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 16 | TELECONFERENCED | |
| *+ | SB 23 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 23-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
1:32:24 PM
CHAIR DUNBAR reconvened the meeting and announced the
consideration of SENATE BILL NO. 23 "An Act relating to the
duties of the Alaska Police Standards Council; relating to
municipal correctional officers and municipal correctional
employees; making municipal police officers subject to police
standards; relating to the duties of the Department of Public
Safety; relating to reports of incidents of use of force by
state and municipal police, probation, parole, and correctional
officers and municipal correctional facility employees; and
providing for an effective date."
CHAIR DUNBAR said this is the first hearing of SB 23. He
outlined the agenda, stating that the bill sponsor will
introduce the bill, there will be a sectional analysis
presentation, committee discussion, and public testimony. He
invited the bill sponsor to introduce SB 16.
1:34:32 PM
SENATOR ELVI GRAY-JACKSON, District G, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 23, thanked the hard-working peace
officers and staff that provide the services that protect the
lives and welfare of people in Alaska's communities. She
conveyed that in 2020, she and former Senator Begich developed a
series of bills referred to as TPIP (turning pain into
progress). They contain eight specific policies proven to reduce
police violence markedly. These bills were crafted to ensure
that the proposals were fitting for Alaska.
SENATOR GRAY-JACKSON read the sponsor statement for SB 23:
[Original punctuation provided.]
Senate Bill 23 establishes a use-of-force database
under AS 44.41.055 that will be overseen by the
Department of Public Safety which will collect reports
of use of force by a municipal police officer,
municipal correctional facility employee, probation
officer, parole officer, correctional officer, state
trooper, village public safety officer, or regional
officer. This report will be submitted by the
Department of Public Safety under AS 44.41.020(h). The
Alaska Police Standards Council shall maintain a
central registry with information that the Council
obtains from the Department of Public Safety, the
Department of Corrections, or a municipality.
1:37:47 PM
This bill also requires the Alaska Police Standards
Council to adopt regulations that require a police
officer, probation officer, parole officer, municipal
officer, or correctional officer to report to a
supervisor when an incident of force or deadly force
occurred or in a situation in which an officer was
prepared to use deadly force. This report will also
include demographic information such as the person
whom the force was used, age, gender identity, and
sexual orientation if freely given by the individual.
Additionally, the officer who used the force and the
borough or census area in which the use of force
occurred.
Currently, there is no database that tracks instances
of use-of-force within the State of Alaska. While this
database will not be open to the public, it will be
shared for employment purposes amongst departments and
agencies who may be hiring an officer or employee as
well as the Alaska State Legislature. This will allow
for transparency among agencies and will close
loopholes that allow officers to be hired on to
another agency after being fired for use-of-force
incidents or certificate denial or revocation.
1:39:17 PM
HARLYN ANDREW, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 23 on behalf of the sponsor.
[Original punctuation provided.]
Section 1: AS 18.65.220 is amended by adding new
subsections (b) which will require a police officer,
probation officer, parole officer, municipal
correctional officer, or correctional officer to
report, to a supervisor, when another officer used or
prepared to use deadly force against a person. (c)
requires that the Council shall maintain a central
registry of denied or revoked officer certificates.
(d) requires that the Council shall adopt and prepare
a report detailing the registry information to the
chief clerk of the house of representatives and the
senate secretary no later than Dec. 1st of each year.
(e) states that upon request, the Council shall assist
a department, an agency, or municipality in developing
rules that comply with regulations adopted under (b)
of this section.
Section 2: AS 18.65.285 is amended to replace the word
"may" with "shall."
Section 3: AS 18.65.290(b) is amended to define
"municipal correctional officer."
Section 4: AS 18.65.290 is amended to add "deadly
force" has the meaning given in AS 11.81.900(b)
Section 5: AS 18.65.670 (c) is amended to provide
training in the subjects set out in 18.65.220(a)(3).
Section 6: Amends AS 29.71 by adding a new section, AS
29.71.070, use of force reporting requirement.
Section 7: Amends AS 44.28.020 by adding a new
subsection (d) that requires the Department of Public
Safety to submit a report on each incident in which a
probation officer, parole officer, or a correctional
officer uses force against a person. The report must
include information required under AS 44.41.055(b).
1:41:29 PM
Section 8: Amends AS 44.41.020 by adding a new
subsection to read: The Department of Public Safety
shall submit to the statewide use-of-force database,
each time a State trooper, VPSO, or regional public
safety officer uses force against a person.
Section 9: AS 44.41.055 is amended by a new section to
establish a Statewide use-of-force database and its
requirements.
Section 10: AS 18.65.280(b) is repealed.
Section 11: The uncodified law of the State of Alaska
is amended by adding a new section that applies to
employment contracts entered on or after the effective
date of sec. 2 of this Act.
Section 12: Amends the uncodified law of the State of
Alaska by adding a new section pertaining to
transition: employment, peace officers. Giving them an
effective date of sec. 10 of this Act to comply with
AS 18.65.240 requirements.
Section 13: Amended by adding a new section regarding
regulations of the Department of Corrections, the
Department of Public Safety, and municipalities that
employ a person as a police officer or in a
municipality correctional facility to adopt and
publish regulations.
Section 14: Section 13 provides for an effective date
under AS 01.10.070(c).
Section 15: Provides for an effective date.
1:43:12 PM
SENATOR GIESSEL directed attention to the sectional analysis.
She advised that the sectional analysis omits AS 18.65.676(a),
which should be numbered Sec. 6. She noted that the bill has 16
sections, but the sectional analysis has only 15. She suggested
verifying the sections in the analysis.
1:43:51 PM
SENATOR GRAY-JACKSON sought clarification about the omission and
said she would have it corrected.
1:44:50 PM
CHAIR DUNBAR sought verification that the intention of SB 23 is
to keep records private. He asked to what degree records are
subject to a Freedom of Information Act (FOIA) request.
SENATOR GRAY-JACKSON answered the Federal Bureau of
Investigation (FBI) has a use of force registry. She expressed
her belief that the Department of Public Safety (DPS) reported
information to the FBI at one point. She directed the question
to the invited expert.
1:45:42 PM
CHAIR DUNBAR redirected his question to Mr. Gamache, expressing
his understanding that SB 16 does not intend these records to be
public information. He wondered to what degree the records are
subject to a FOIA request.
1:46:12 PM
JOSEPH GAMACHE, Executive Director, Alaska Police Standards
Council, Department of Public Safety (DPS), Anchorage, Alaska,
replied that DPS often receives FOIA requests. Per regulations,
depending on the individual request, the department releases
what it can.
1:46:46 PM
CHAIR DUNBAR opened public testimony on SB 23.
1:47:23 PM
MORGAN LIM, Lobbyist, Planned Parenthood Alliance Advocates-
Alaska (PPAA), Juneau, Alaska, testified in support of SB 23 and
submitted the following prepared written statement:
[Original punctuation provided.]
Thank you, Chair Dunbar and members of the Senate
Community & Regional Affairs Committee. For the
record, my name is Morgan Lim. I'm a Juneau Resident,
and today, I'm testifying on behalf of Planned
Parenthood Alliance Advocates - Alaska. PPAA strongly
supports Senate Bill 23, a bill that takes a first
step toward ensuring accountability against police
violence by creating a statewide use-of-force report.
PPAA believes all people should live free from
violence and stands with Black, Indigenous, and People
of Color (BIPOC) communities as they demand change and
seek to create communities that are safe and
sustainable.
To truly achieve reproductive justice, all people must
not only have the right to choose if and when to
become parents but also the right to raise their
children in a safe and healthy environment. It is the
same over-policing of and violence towards Black and
Indigenous bodies and their communities that makes the
promise of reproductive freedom unattainable.
1:48:17 PM
As our state and country continue to grapple with
police brutality, SB 23 takes a step in the right
direction toward reducing police use of force.
According to the Mapping Police Violence database,
Alaska is tragically home to the second highest rate
of police killings in the country and has the second
highest rate of police violence against Black and
Indigenous people. About one in three people killed by
the police is an Alaska Native person, and a Black
person in Alaska is 3.3 times more likely to be killed
by police than a white person.
Additionally, the incarceration rates in Alaska have
grown dramatically in the last several decades, with
Black and American Indian & Alaska Native people
incarcerated at four to five times the rate of white
people in Alaska. Approximately 40 percent of people
incarcerated in Alaska identify as American Indian &
Alaska Native despite only making up about 15 percent
of the state's population. Similarly, 7 percent of
those incarcerated were Black despite only
constituting 3 percent of Alaska's population.
This over-policing of BIPOC communities, the
criminalization of BIPOC people, and police violence
impose significant transgenerational trauma, directly
harming the health of these families and their
descendants.
We all deserve to live in a world where we are equally
protected and have access to the resources we need to
be healthy, safe, and free from harm. PPAA thanks you
for the opportunity to testify on this important piece
of legislation, and we urge the committee to move it
forward.
1:50:17 PM
MICHAEL PATTERSON, Member, Party for Socialism and Liberation
(PSL) - Anchorage, Anchorage, Alaska, stated PSL - Anchorage
supports SB 23. The bill is a good step in the right direction,
but it is just a first step. He said law enforcement agencies in
Anchorage actively resist accountability and transparency, so it
is disappointing that SB 23 does not propose to publish reports.
He remarked that in the death of Bishar Hassan, whom Anchorage
police shot and killed, a police dash cam filmed the fatality.
The attorney representing Mr. Hassan's family released the film
footage to the press; otherwise, the public would not have
gained access to it. The Municipality of Anchorage admitted in a
court document that it would not have released the footage to
his family had the city known the family intended to release it
to the public. PSL - Anchorage appreciates the bill sponsor's
commitment to transparency and accountability. He urged the
committee to move the bill forward.
1:52:09 PM
CHAIR DUNBAR held public testimony open and held SB 23 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 2. SB 23 Version A.PDF |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 3. SB 23 Sectional Analysis Version A.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 4. SB 23 - LOS through 3.2.23.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 5. SB 23 LOO through 3.2.23.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 6. SB 23 - Law Enforcement Official Definition.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 7. SB 23 - Use of Force Database Participants.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 8. SB 23 - Supporting Articles.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 9. SB 23 - FN DOC; Institution Director's Office.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 10. SB 23 - FN DPS; Criminal Justice Info Systems Program.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| 1. SB 16 Sponsor Statement vers. A.pdf |
SCRA 3/2/2023 1:30:00 PM SCRA 3/9/2023 1:30:00 PM |
SB 16 |
| 2. SB 16 vers. A.PDF |
SCRA 3/2/2023 1:30:00 PM SCRA 3/9/2023 1:30:00 PM |
SB 16 |
| 3. SB 16 Sectional Analysis vers. A.pdf |
SCRA 3/2/2023 1:30:00 PM SCRA 3/9/2023 1:30:00 PM |
SB 16 |
| 4. SB 16 Presentation.pdf |
SCRA 3/2/2023 1:30:00 PM SCRA 3/9/2023 1:30:00 PM |
SB 16 |
| 5. SB 16 Fiscal Note.pdf |
SCRA 3/2/2023 1:30:00 PM SCRA 3/9/2023 1:30:00 PM |
SB 16 |
| 6. SB 16 - LOS by ANHB, 3.2.23.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 16 |
| 1. SB 23 Sponsor Statement Version A.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| SB 23 Sectional Analysis Version A - Updated 3.9.2023.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |
| SB 23 Sponsor Statement Version A - Updated 3.9.2023.pdf |
SCRA 3/9/2023 1:30:00 PM |
SB 23 |