Legislature(2021 - 2022)BELTZ 105 (TSBldg)

04/20/2021 03:30 PM COMMUNITY & REGIONAL AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 72 SEC. SCHOOL CIVICS EDUCATION TELECONFERENCED
Moved CSSB 72(CRA) Out of Committee
*+ SB 81 VILLAGE PUBLIC SAFETY OFFICER GRANTS TELECONFERENCED
Heard & Held
*+ SB 46 LAW ENFORCEMENT: REGISTRY; USE OF FORCE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
         SB 46-LAW ENFORCEMENT: REGISTRY; USE OF FORCE                                                                      
                                                                                                                                
4:42:58 PM                                                                                                                    
CHAIR HUGHES  announced the consideration  of SENATE BILL  NO. 46                                                               
"An  Act  relating  to  the   Alaska  Police  Standards  Council;                                                               
relating  to   municipal  correctional  officers   and  municipal                                                               
correctional employees; making  municipal police officers subject                                                               
to  police  standards;   establishing  a  statewide  use-of-force                                                               
database  in  the  Department  of   Public  Safety;  requiring  a                                                               
municipality that employs a person  as a municipal police officer                                                               
or  in  a  municipal  correctional facility,  the  Department  of                                                               
Corrections, or  the Department  of Public  Safety to  report for                                                               
inclusion in the database 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."                                                                                                             
                                                                                                                                
4:43:11 PM                                                                                                                    
SENATOR GRAY-JACKSON, speaking  as sponsor of SB  46, thanked the                                                               
hard-working  peace officers  and  office staff  who provide  law                                                               
enforcement services  that protect the  lives and welfare  of the                                                               
people  in Alaska's  communities.  She said  the recent  civilian                                                               
casualties has  intensified the  attention on  issues surrounding                                                               
policing and police/community  relationships and created momentum                                                               
to address longstanding injustices.                                                                                             
                                                                                                                                
SENATOR  GRAY-JACKSON related  that during  last summer  and into                                                               
the fall she and Senator Begich  worked on a series of bills that                                                               
the offices refer to as  TPIP (turning pain into progress), which                                                               
was crafted after the national  "8 Can't Wait" campaign. She said                                                               
the data  shows that implementing  these 8 specific  policies can                                                               
reduce police violence by as much as 72 percent.                                                                                
                                                                                                                                
She acknowledged  Alaska's uniqueness  and emphasized  the amount                                                               
of  time her  office spent  talking to  stakeholders and  gaining                                                               
input to  ensure that  the policies  proposed in  SB 46  would be                                                               
fitting for Alaska.  She reported that she  engaged public safety                                                               
agencies  including   the  Anchorage  Police   Department  (APD0,                                                               
Anchorage Police  Employees Association, Public  Safety Employees                                                               
Association (PSEA),  and the National  Organization of  Black Law                                                               
Enforcement  Executives   during  the  process.  She   said  this                                                               
proactive approach  made her confident  that these  public safety                                                               
policy  changes will  benefit  both the  citizens  of Alaska  and                                                               
Alaska's law enforcement officers.                                                                                              
                                                                                                                                
4:45:28 PM                                                                                                                    
CHAIR HUGHES                                                                                                                    
                                                                                                                                
4:45:32 PM                                                                                                                    
DELANEY THIELE,  Staff, Senator  Elvi Gray-Jackson,  Alaska State                                                               
Legislature,   Juneau,  Alaska,   read   the  following   sponsor                                                               
statement and sectional analysis for SB 46:                                                                                     
                                                                                                                                
     Senate  Bill  46  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,  a 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.                                                                              
                                                                                                                                
     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.                                                                             
                                                                                                                                
4:47:43 PM                                                                                                                    
MS. THIELE read the following sectional analysis for SB 46:                                                                     
                                                                                                                                
     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).                                                                        
                                                                                                                                
     Section  8:  Amends  AS  44.41.020   by  adding  a  new                                                                  
     subsection  to read:  The Department  of Public  Safety                                                                    
     shall   submit  the   to  the   statewide  use-of-force                                                                    
     database, each time a State  trooper, VPSO, or regional                                                                    
     public safety officer uses force against a person.                                                                         
                                                                                                                                
4:49:57 PM                                                                                                                    
     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 of this                                                                     
     Act.                                                                                                                       
                                                                                                                                
4:51:16 PM                                                                                                                    
SENATOR  MYERS noted  that  the bill  provides  a definition  for                                                               
"deadly force"  and asked  why it does  not provide  a definition                                                               
for "use of force" or force in general.                                                                                         
                                                                                                                                
SENATOR  GRAY-JACKSON   answered  that  the   statutes  currently                                                               
provide a definition  for "force" and she was still  working on a                                                               
definition for "use of force."                                                                                                  
                                                                                                                                
CHAIR  HUGHES  asked  Lieutenant  Eric Olsen  for  the  statutory                                                               
definition of "force."                                                                                                          
                                                                                                                                
4:52:28 PM                                                                                                                    
LIEUTENANT  ERIC  OLSEN,  Alaska State  Troopers,  Department  of                                                               
Public Safety,  Juneau, Alaska, stated  that he did not  have the                                                               
definition committed  to memory, but  it was in AS  11.81.900. He                                                               
offered to look it up and report back to the committee.                                                                         
                                                                                                                                
4:52:54 PM                                                                                                                    
SENATOR  WILSON  expressed  concern  about privacy  if  the  data                                                               
related to  law enforcement's use  of force were to  be available                                                               
through a freedom of information (FOIA) request.                                                                                
                                                                                                                                
SENATOR GRAY-JACKSON  restated the  question and  emphasized that                                                               
names  and  addresses  would  not be  made  public.  Rather,  the                                                               
statistics would be public.                                                                                                     
                                                                                                                                
4:54:44 PM                                                                                                                    
CHAIR HUGHES summarized that the  names and addresses of officers                                                               
would not be available to  the public, but that information would                                                               
be available to agencies and  police departments that were hiring                                                               
officers.  She  asked  if  individual  law  enforcement  entities                                                               
maintain their  own databases  and if they  check with  other law                                                               
enforcement  entities  when they  do  a  background check  on  an                                                               
applicant.                                                                                                                      
                                                                                                                                
SENATOR  GRAY-JACKSON replied  she  believes  that some  agencies                                                               
follow  that protocol.  SB  46 would  require  that all  agencies                                                               
check on this information                                                                                                       
                                                                                                                                
CHAIR  HUGHES   noted  the  public  safety   personnel  who  were                                                               
available to answer questions.                                                                                                  
                                                                                                                                
4:56:32 PM                                                                                                                    
SENATOR  MYERS said  it makes  sense to  track whether  or not  a                                                               
police officer  has had their  police certificate revoked  due to                                                               
the improper  use of  force. However,  he wonders  about tracking                                                               
revocations  based  on  things  such as  inability  to  pass  the                                                               
physical due to weight gain.                                                                                                    
                                                                                                                                
CHAIR HUGHES asked Mr. Griffiths to comment.                                                                                    
                                                                                                                                
4:58:11 PM                                                                                                                    
ROBERT  GRIFFITHS, Executive  Director,  Alaska Police  Standards                                                               
Council (APSC),  Juneau, Alaska,  asked Senator Myers  to restate                                                               
the question.                                                                                                                   
                                                                                                                                
SENATOR  MYERS asked  if the  database would  include certificate                                                               
revocations for  reasons other than  for excessive use  of force.                                                               
He cited  the example of  not passing  the physical and  asked if                                                               
the  bill intends  to  include  that sort  of  revocation in  the                                                               
database, because that would be a concern.                                                                                      
                                                                                                                                
4:59:14 PM                                                                                                                    
MR.  GRIFFITHS answered  that  APSC  only revokes  certifications                                                               
based  on   violations  or  lack   of  compliance   with  current                                                               
regulations.  Not passing  the physical  is not  a standard  that                                                               
APSC looks  at to permanently revoke  an officer's certification.                                                               
Permanent  revocations   are  based   on  misconduct,   abuse  of                                                               
authority, unlawful  use of  force, and lack  of respect  for the                                                               
rights of  others. Those violations  result in officers  being in                                                               
the database.                                                                                                                   
                                                                                                                                
CHAIR  HUGHES  asked Mr.  Mlynarik  if  law enforcement  entities                                                               
throughout  the  state  have   reporting  requirements  and  keep                                                               
records of  violations and  if they  share that  information with                                                               
other agencies that are looking at an applicant.                                                                                
                                                                                                                                
5:00:50 PM                                                                                                                    
PETER  MLYNARIK, Board  Member, Alaska  Association of  Chiefs of                                                               
Police, Soldotna,  Alaska, answered that many  agencies track use                                                               
of  force violations,  but  whether or  not  that information  is                                                               
shared  depends on  what the  applicant releases.  All applicants                                                               
undergo a  background check and violations  are usually uncovered                                                               
then.                                                                                                                           
                                                                                                                                
CHAIR HUGHES asked if that means  that some agencies do not track                                                               
use of force violations or if it  means he did not know about all                                                               
agencies.                                                                                                                       
                                                                                                                                
MR.  MLYNARIK answered  that he  was not  sure how  many agencies                                                               
track  use of  force violations.  He  said all  agencies are  not                                                               
required to keep use of force reports or share that information.                                                                
                                                                                                                                
5:01:47 PM                                                                                                                    
CHAIR HUGHES asked if violations  involving the inappropriate use                                                               
of force would  necessarily show up in  an applicant's background                                                               
check.                                                                                                                          
                                                                                                                                
MR. MLYNARIK answered that the  information would be disclosed if                                                               
the  information  were  in  the   department's  records  and  the                                                               
individual signed a release.                                                                                                    
                                                                                                                                
5:02:42 PM                                                                                                                    
CHAIR HUGHES thanked the sponsor and  her staff and held SB 46 in                                                               
committee for future consideration.                                                                                             

Document Name Date/Time Subjects
SB 46 v. A Sectional Analysis.pdf SCRA 4/20/2021 3:30:00 PM
SB 46
SB 46 v. A Legislation.PDF SCRA 4/20/2021 3:30:00 PM
SB 46
SB 46 Supporting Documents 4.20.21.pdf SCRA 4/20/2021 3:30:00 PM
SB 46
SB 46 Support Testimony 4.20.21.pdf SCRA 4/20/2021 3:30:00 PM
SB 46
SB 46 Sponsor Statement 4.20.21.pdf SCRA 4/20/2021 3:30:00 PM
SB 46
SB 81 v. A Legislation.PDF SCRA 4/20/2021 3:30:00 PM
SB 81
SB 81 Sponsor Statement 4.20.21.pdf SCRA 4/20/2021 3:30:00 PM
SB 81
SB 81 Support Document- VPSO Working Group Report Recommendations & Findings 1.24.2020.pdf SCRA 4/20/2021 3:30:00 PM
SB 81
SB 81 Support Document- AS 18.65.670.pdf SCRA 4/20/2021 3:30:00 PM
SB 81
CSSB 72 Version N Explanation of Changes.pdf SCRA 4/20/2021 3:30:00 PM
SB 72
CSSB 72 v. N Legislation.pdf SCRA 4/20/2021 3:30:00 PM
SB 72
SB 46 Letter of Opposition Alaska Association of Chiefs of Police.pdf SCRA 4/20/2021 3:30:00 PM
SB 46
SB 81 v. A Sectional Analysis 4.20.2021.pdf SCRA 4/20/2021 3:30:00 PM
SB 81
SB 81 Presentation CRA Committee 4.20.2021.pdf SCRA 4/20/2021 3:30:00 PM
SB 81
SB 46 Fiscal Note DPS-APSC.pdf SCRA 4/20/2021 3:30:00 PM
SB 46
SB 46 Fiscal Note DPS-CJISP.pdf SCRA 4/20/2021 3:30:00 PM
SB 46