00 SENATE BILL NO. 211 01 "An Act relating to the Alaska Police Standards Council; relating to the Department of 02 Public Safety; relating to the duties of the attorney general; establishing the Missing and 03 Murdered Indigenous Women, Girls, and Two-Spirit Persons Review Commission; 04 requiring a report on investigative resources for cases of missing and murdered 05 indigenous women, girls, and two-spirit persons; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 18.65.220 is amended to read: 08 Sec. 18.65.220. Powers. The council has the power to 09 (1) adopt regulations for the administration of AS 18.65.130 - 10 18.65.290; 11 (2) establish minimum standards for employment as a police officer, 12 probation officer, parole officer, municipal correctional officer, and correctional 13 officer in a permanent or probationary position and certify persons to be qualified as 01 police officers, probation officers, parole officers, municipal correctional officers, and 02 correctional officers under AS 18.65.130 - 18.65.290; 03 (3) establish minimum criminal justice curriculum requirements for 04 basic, specialized, and in-service courses and programs for schools operated by or for 05 the state or a political subdivision of the state for the specific purpose of training 06 police recruits, police officers, probation officers, parole officers, municipal 07 correctional officers, and correctional officers; the curriculum requirements 08 established under this paragraph must include training in 09 (A) recognizing persons with disabilities; 10 (B) appropriate interactions with persons with disabilities; 11 (C) resources available to persons with disabilities and to those 12 interacting with persons with disabilities; [AND] 13 (D) the requirements of 42 U.S.C. 12131 - 12165 (Title II of 14 the Americans with Disabilities Act of 1990); 15 (E) the government-to-government relationship between  16 the state and federally recognized tribes in the state;  17 (F) counteracting racial bias and structural racism; and  18 (G) state criminal jurisdiction under P.L. 280 (18 U.S.C.  19 1162, 28 U.S.C. 1360, and 25 U.S.C. 1321 - 1326); 20 (4) consult and cooperate with municipalities, agencies of the state, 21 other governmental agencies, universities, colleges, and other institutions concerning 22 the development of police officer, probation officer, parole officer, municipal 23 correctional officer, and correctional officer training schools and programs of criminal 24 justice instruction; 25 (5) employ an administrator and other persons necessary to carry out 26 its duties under AS 18.65.130 - 18.65.290; 27 (6) investigate when there is reason to believe that a police officer, 28 probation officer, parole officer, municipal correctional officer, or correctional officer 29 does not meet the minimum standards for employment; in connection with the 30 investigation the council may subpoena persons, books, records, or documents related 31 to the investigation and require answers in writing under oath to questions asked by 01 the council or the administrator; 02 (7) charge and collect a fee of $50 for processing applications for 03 certification of police, probation, parole, municipal correctional, and correctional 04 officers; 05 (8) require a state and national criminal history record check for an 06 applicant to a training program established in AS 18.65.230 and for a person to be 07 certified as a police officer under AS 18.65.240 if that person's prospective employer 08 does not have access to a criminal justice information system. 09  * Sec. 2. AS 18.65.670(c) is amended to read: 10 (c) The commissioner of public safety may adopt regulations related to village 11 public safety officers, including minimum standards and training, criteria for 12 participation by a community, a municipality, an Alaska Native organization, or a 13 corporation, and the interaction between the Department of Public Safety and village 14 public safety officers. Regulations adopted by the commissioner of public safety under 15 this subsection may not prohibit village public safety officers who otherwise meet 16 minimum standards and training from carrying firearms. If the commissioner of public 17 safety adopts regulations regarding training for village public safety officers, at a 18 minimum, that training must include [DISABILITY TRAINING THAT PROVIDES] 19 training in the subjects set out in AS 18.65.220(3). The commissioner of corrections 20 may adopt regulations related to the functions of village public safety officers 21 providing probation and parole supervision. 22  * Sec. 3. AS 44.23.020 is amended by adding new subsections to read: 23 (l) The attorney general shall create a panel to review 24 (1) the investigation and prosecution of homicides in the state; the 25 panel has the discretion to review homicides dating back to the beginning of 26 statehood; and 27 (2) case management practices by law enforcement agencies in the 28 state. 29 (m) The attorney general may provide the panel with information necessary 30 for the panel to complete a review and adopt procedures for the panel's review under 31 (l) of this section. The panel established under (l) of this section shall prepare a 01 biennial report of its findings and recommendations on improving the investigation 02 and prosecution process for homicides in the state. Not later than the first day of the 03 first regular session of each legislature, the panel shall submit the report to the 04 governor, attorney general, chief justice of the supreme court, senate secretary, and 05 chief clerk of the house of representatives and notify the legislature that the report is 06 available. 07  * Sec. 4. AS 44.41 is amended by adding a new section to read: 08 Sec. 44.41.015. Liaisons for missing and murdered indigenous women,  09 girls, and two-spirit persons. (a) The Department of Public Safety shall employ at 10 least two persons in the department to act as liaisons between law enforcement 11 agencies and federally recognized tribes and to investigate cases involving missing 12 and murdered indigenous women, girls, and two-spirit persons. 13 (b) Each liaison shall facilitate communication between 14 (1) federally recognized tribes, tribal organizations, and tribal 15 communities; 16 (2) federal, state, local, and tribal law enforcement agencies; 17 (3) nongovernmental entities that provide services to indigenous 18 women, girls, and two-spirit persons; 19 (4) tribal liaisons in other state agencies; and 20 (5) public health officials and state medical examiners. 21  * Sec. 5. AS 44.41.020 is amended by adding new subsections to read: 22 (h) The Department of Public Safety, in cooperation with state and local law 23 enforcement agencies, shall conduct audits regarding the results of law enforcement 24 investigations relating to missing and murdered indigenous women, girls, and two- 25 spirit persons. The department shall compile the results of the audits in a biennial 26 report and share the report with the Alaska Court System. 27 (i) The Department of Public Safety shall establish and require state and local 28 law enforcement agencies to use standardized methods for investigating missing 29 person reports, including standardized methods for investigating missing person 30 reports involving indigenous women, girls, or two-spirit persons. 31  * Sec. 6. AS 44.41 is amended by adding new sections to read: 01 Sec. 44.41.140. Missing and Murdered Indigenous Women, Girls, and  02 Two-Spirit Persons Review Commission. (a) The Missing and Murdered Indigenous 03 Women, Girls, and Two-Spirit Persons Review Commission is established in the 04 Department of Public Safety. 05 (b) The commission consists of not more than 18 members appointed by the 06 commissioner of public safety, including 07 (1) members from state departments and private organizations with 08 experience regarding the issue of domestic violence; 09 (2) medical and mental health providers with experience regarding the 10 issue of domestic violence; 11 (3) members from law enforcement, the judiciary, and the legal 12 profession; 13 (4) a prosecutor with experience in homicide prosecutions; 14 (5) members who represent federally recognized tribes; 15 (6) public members; and 16 (7) a legislator who serves on the house judiciary committee or senate 17 judiciary committee. 18 (c) Members of the commission serve for three years. 19 (d) Members of the commission receive no compensation but are entitled to 20 per diem and travel expenses authorized for boards and commissions under 21 AS 39.20.180. A member who is a full-time salaried employee of the state or a 22 political subdivision of the state is entitled to the member's regular compensation. 23 Sec. 44.41.145. Duties and powers of the commission. (a) The commission 24 shall review closed cases from different state regions each year that are selected by the 25 attorney general to 26 (1) examine the trends and patterns related to missing and murdered 27 indigenous women, girls, and two-spirit persons; 28 (2) educate the public, service providers, and policymakers about cases 29 related to missing and murdered indigenous women, girls, and two-spirit persons and 30 provide strategies for intervention and prevention; 31 (3) make policy, practice, and service recommendations to encourage 01 collaboration and reduce cases involving indigenous women, girls, and two-spirit 02 persons. 03 (b) The commission shall prepare a biennial report of its findings and 04 recommendations. Not later than the first day of the first regular session of each 05 legislature, the commission shall submit the report to the governor, attorney general, 06 chief justice of the supreme court, senate secretary, and chief clerk of the house of 07 representatives and notify the legislature that the report is available. The commission 08 shall make the report publicly available through the Department of Law. 09 Sec. 44.41.150. Materials and reports. Notwithstanding other confidentiality 10 provisions in law, upon written request of the commission, a person shall provide to 11 the commission, as soon as practicable following the request, materials and reports 12 relating to the review of a homicide or missing person investigation of an indigenous 13 woman, girl, or two-spirit person. A person who provides materials and reports to the 14 commission is not civilly or criminally liable for providing materials and reports under 15 this section. 16 Sec. 44.41.155. Confidentiality. (a) A person attending a meeting of the 17 commission or a member or staff of the commission may not disclose information 18 obtained during a review by the commission. 19 (b) The commission may enter into an agreement with a nonprofit 20 organization or private agency to obtain confidential information. 21 (c) Documents, materials, and reports obtained or compiled by the 22 commission or a designated representative of the commission in the course of 23 reviewing a homicide or missing person investigation under AS 44.41.145 are 24 confidential and are not public records under AS 40.25.110 - 40.25.125 or admissible 25 in a criminal or civil proceeding. A person may not be compelled to disclose 26 information relating to the documents, materials, and reports through subpoena, 27 discovery, or testimony in a criminal or civil proceeding. 28 (d) A member of the commission who knowingly uses documents, materials, 29 reports, or information for a purpose not authorized under AS 44.41.145 or discloses 30 information in violation of this section is subject to a civil penalty of not more than 31 $500 for each instance of unauthorized use or disclosure. 01 (e) Upon request, the commission may disclose conclusions and 02 recommendations relating to cases involving missing and murdered indigenous 03 women, girls, and two-spirit persons, but may not disclose confidential information 04 under (c) of this section. 05 Sec. 44.41.160. Meetings. Meetings of the commission are closed to the public 06 and not subject to the provisions of AS 44.62.310 - 44.62.319 (Open Meetings Act). 07 Sec. 44.41.165. Missing and murdered indigenous women, girls, and two- 08 spirit persons tribal grant program. (a) The missing and murdered indigenous 09 women, girls, and two-spirit persons tribal grant program is established in the 10 Department of Commerce, Community, and Economic Development to provide grants 11 to Alaska tribes to address issues relating to missing and murdered indigenous women, 12 girls, and two-spirit persons. 13 (b) An Alaska tribe is eligible for a grant under (a) of this section if the tribe 14 submits an application to the Department of Commerce, Community, and Economic 15 Development that includes 16 (1) a projected budget, including administrative funding; 17 (2) information on the issues relating to missing and murdered 18 indigenous women, girls, and two-spirit persons that the tribe plans to address using 19 the grant; and 20 (3) other information required by the Department of Commerce, 21 Community, and Economic Development. 22 (c) In this section, 23 (1) "Alaska tribe" means an organized group or community in Alaska 24 that is an Indian tribe; 25 (2) "Indian tribe" has the meaning given in 25 U.S.C. 5304 (Indian 26 Self-Determination and Education Assistance Act). 27 Sec. 44.41.900. Definitions. In this chapter, 28 (1) "commission" means the Missing and Murdered Indigenous 29 Women, Girls, and Two-Spirit Persons Review Commission; 30 (2) "two-spirit" means a person who is male, female, or intersexed who 31 combines the traditional gender roles of men and women with traits unique to the 01 person's status as having a distinct, alternative gender. 02  * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 REPORT ON INVESTIGATIVE RESOURCES. The Department of Public Safety 05 shall conduct a needs assessment to determine how to increase protective and investigative 06 resources for identifying and reporting cases of missing and murdered indigenous women, 07 girls, and two-spirit persons within the state criminal justice system. The department shall 08 work with the governor's office to convene meetings with tribal and local law enforcement 09 agencies, federally recognized tribes, and Alaska Native organizations to determine the scope 10 of the issue, identify barriers, and determine methods for creating partnerships to increase 11 reporting and investigation of cases involving missing and murdered indigenous women, girls, 12 and two-spirit persons. The department shall conduct its work with tribal entities based on the 13 state's government-to-government relationship with federally recognized tribes in the state. 14 The department shall also work with federal law enforcement agencies to identify ways to 15 increase information sharing and coordinate resources. On or before January 1, 2023, the 16 department shall submit a written report on the needs assessment to the senate secretary and 17 chief clerk of the house of representatives and notify the legislature that the report is 18 available. 19  * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: COMMISSION MEMBERS. Notwithstanding AS 44.41.140(b), 22 enacted by sec. 6 of this Act, members of the Missing and Murdered Indigenous Women, 23 Girls, and Two-Spirit Persons Review Commission are appointed to initial terms as follows: 24 (1) members from state departments appointed under AS 44.41.140(b)(1), a 25 prosecutor appointed under AS 44.41.140(b)(4), and members who represent federally 26 recognized tribes appointed under AS 44.41.140(b)(5) shall serve three-year terms; 27 (2) medical and mental health providers appointed under AS 44.41.140(b)(2) 28 and public members appointed under AS 44.41.140(b)(6) shall serve two-year terms; 29 (3) members from private organizations appointed under AS 44.41.140(b)(1), 30 members from law enforcement, the judiciary, and the legal profession appointed under 31 AS 44.41.140(b)(3), and a legislator appointed under AS 44.41.140(b)(7) shall serve one-year 01 terms. 02  * Sec. 9. Sections 1 and 2 of this Act take effect January 1, 2023.