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CSHB 474(RLS): "An Act relating to the Alaska Police Standards Council and to municipal correctional officers."

00CS FOR HOUSE BILL NO. 474(RLS) 01 "An Act relating to the Alaska Police Standards Council and to municipal 02 correctional officers." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.43.148(h)(1) is amended to read: 05  (1) "license" [MEANS,] 06  (A) means, except as provided in (B) of this paragraph, a 07 license, certificate, permit, registration, or other authorization that, at the time 08 of issuance, will be valid for more than 150 days and that may be acquired 09 from a state agency to perform an occupation, including the following: 10  (i) license relating to boxing or wrestling under 11 AS 05.10; 12  (ii) authorization to perform an occupation regulated 13 under AS 08; 14  (iii) teacher certificate under AS 14.20;

01  (iv) authorization under AS 18.08 to perform emergency 02 medical services; 03  (v) asbestos worker certification under AS 18.31; 04  (vi) boiler operator's license under AS 18.60.395; 05  (vii) certificate of fitness under AS 18.62; 06  (viii) hazardous painting certification under AS 18.63; 07  (ix) certification as a municipal correctional, 08 correctional, probation, or parole officer under AS 18.65.245; 09  (x) security guard license under AS 18.65.400 - 10 18.65.490; 11  (xi) license relating to insurance under AS 21.27; 12  (xii) employment agency permit under AS 23.15.330 - 13 23.15.520; 14  (xiii) registration as a broker-dealer, agent, or investment 15 adviser under AS 45.55.030; 16  (xiv) certification as a pesticide applicator under 17 AS 46.03.320; 18  (xv) certification as a storage tank worker or contractor 19 under AS 46.03.375; 20  (xvi) certification as a water and wastewater works 21 operator under AS 46.30; and 22  (B) does not include 23  (i) a commercial fishing license under AS 16.05.480, 24 including a crewmember fishing license; 25  (ii) a vessel license issued under AS 16.05.490 or 26 16.05.530; 27  (iii) a license issued under AS 47.35; 28  (iv) a business license issued under AS 43.70; 29  (v) an entry permit or interim-use permit issued under 30 AS 16.43; or 31  (vi) a driver's license issued under AS 28.15;

01 * Sec. 2. AS 18.65.130 is amended to read: 02  Sec. 18.65.130. Policy. The administration of criminal justice affects the 03 health, safety, and welfare of the people of this state, and requires education and 04 training of a professional quality. It is a primary public interest that applicants meet 05 minimum standards for employment as police officers, probation and parole officers, 06 and correctional officers, and that criminal justice education and training be made 07 available to police officers, probation and parole officers, and correctional officers 08 serving in a probationary capacity and police officers, probation and parole officers, 09 and correctional officers already in regular service. It is of secondary public interest 10 to encourage the establishment of preliminary training programs for persons seeking 11 to become police officers, probation and parole officers, and correctional officers. 12 Application of standards for employment and making education and training 13 available for municipal correctional officers is also in the public interest. 14 * Sec. 3. AS 18.65.220 is amended to read: 15  Sec. 18.65.220. Powers. The council has the power to 16  (1) adopt regulations for the administration of AS 18.65.130 - 17 18.65.290; 18  (2) establish minimum standards for employment as a police officer, 19 probation officer, [OR] parole officer, municipal correctional officer, and correctional 20 officer in a permanent or probationary position and certify persons to be qualified as 21 police officers, probation officers, [OR] parole officers, municipal correctional 22 officers, and correctional officers under AS 18.65.130 - 18.65.290; 23  (3) establish minimum criminal justice curriculum requirements for 24 basic, specialized, and in-service courses and programs for schools operated by or for 25 the state or a political subdivision of the state for the specific purpose of training 26 police recruits, police officers, probation officers, [AND] parole officers, municipal 27 correctional officers, and correctional officers; 28  (4) consult and cooperate with municipalities, agencies of the state, 29 other governmental agencies, universities, colleges, and other institutions concerning 30 the development of police officer , probation officer, [AND] parole officer, municipal 31 correctional officer, and correctional officer training schools and programs of criminal

01 justice instruction; 02  (5) employ an administrator and other persons necessary to carry out 03 its duties under AS 18.65.130 - 18.65.290; 04  (6) investigate when there is reason to believe that a police officer, 05 probation officer, [OR] parole officer, municipal correctional officer, or correctional 06 officer does not meet the minimum standards for employment; in connection with the 07 investigation the council may subpoena persons, books, records, or documents related 08 to the investigation and require answers in writing under oath to questions asked by 09 the council or the administrator; 10  (7) charge and collect a fee of $50 for processing applications for 11 certification of police, probation, parole, municipal correctional, and correctional 12 officers. 13 * Sec. 4. AS 18.65.242(a) is amended to read: 14  (a) The council shall establish qualifications for employment of persons as 15 municipal correctional, correctional, probation, and parole officers, including 16  (1) minimum age, physical and mental standards, citizenship, moral 17 character, and experience; and 18  (2) minimum education standards. 19 * Sec. 5. AS 18.65.242(b) is amended to read: 20  (b) The council shall 21  (1) prescribe the means of presenting evidence of fulfillment of the 22 requirements set out in (a) of this section; and 23  (2) issue a certificate evidencing satisfaction of the requirements of (a) 24 of this section to an applicant who 25  (A) satisfies the requirements of (a)(1) of this section; and 26  (B) meets the minimum education standards of (a)(2) of this 27 section by satisfactorily completing a training program for municipal 28 correctional, correctional, probation, or parole officers established under 29 AS 18.65.230, including training regarding domestic violence that contains the 30 subjects set out in AS 18.66.310(d), or a course of instruction in another 31 jurisdiction equivalent in content and quality to that required by the council for

01 approved municipal correctional, correctional, probation, or parole officer 02 education and training programs in this state. 03 * Sec. 6. AS 18.65.245 is amended to read: 04  Sec. 18.65.245. Denial or revocation of certificate of municipal 05 correctional, correctional, probation, or parole officer. The council may 06  (1) deny a certificate to an applicant for a municipal correctional, 07 correctional , [OFFICER CERTIFICATE OR A] probation , or parole officer certificate 08 if the applicant does not meet the standards adopted by the council under 09 AS 18.65.242(a); 10  (2) revoke the certificate of a municipal correctional, correctional , 11 [OFFICER OR A] probation , or parole officer who, having been issued a certificate, 12 fails to meet the standards adopted by the council under AS 18.65.242(a). 13 * Sec. 7. AS 18.65.248(a) is amended to read: 14  (a) A person may not be appointed as a municipal correctional, correctional , 15 [OFFICER OR AS A] probation , or parole officer unless the person has a valid 16 certificate issued by the council under AS 18.65.242. 17 * Sec. 8. AS 18.65.285 is amended to read: 18  Sec. 18.65.285. Municipal correctional employees. A municipality that 19 employs persons in a municipal correctional facility may, by ordinance, require that 20 those persons meet the requirements of AS 18.65.130 - 18.65.290 that are applicable 21 to municipal correctional officers. 22 * Sec. 9. AS 18.65.290 is amended by adding a new paragraph to read: 23  (7) "municipal correctional officer" means a person who is employed 24 full-time in a municipal correctional facility whose primary duty is to provide custody, 25 care, security, control, and discipline of persons charged or convicted of offenses or 26 held under authority of law; and the municipality has adopted an ordinance under 27 AS 18.65.285 making AS 18.65.130 - 18.65.290 applicable.