CSHB 256(CRA): "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; requiring the Department of Public Safety to submit a yearly use-of-force report to the legislature; requiring a municipality that employs a person as a municipal police officer and the Department of Public Safety to report to the Federal Bureau of Investigation incidents of use of force by state and municipal police officers; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 256(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 and the Department of Public Safety to report to the 06 Federal Bureau of Investigation incidents of use of force by state and municipal police 07 officers; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 18.65.220 is amended by adding new subsections to read: 10 (b) The council shall make recommendations relating to and may adopt 11 regulations requiring a police officer, probation officer, parole officer, municipal 12 correctional officer, or correctional officer to report to a supervisor, as soon as 13 practicable, an incident in which an officer used deadly force or prepared to use deadly
01 force against a person. 02 (c) The council shall maintain a central registry of police officers, probation 03 officers, parole officers, municipal correctional officers, and correctional officers who 04 have had a certificate denied or revoked under AS 18.65.240(c) or 18.65.245. The 05 council may enter and maintain in the central registry information that the council 06 obtains from the Department of Public Safety, the Department of Corrections, or a 07 municipality about each officer who has had a certificate denied or revoked. The 08 central registry information shall include the reason for which each officer's certificate 09 was denied or revoked. The council shall adopt regulations to ensure the appropriate 10 circulation to law enforcement agencies of information contained in the central 11 registry. 12 (d) The council shall prepare a report detailing the central registry information 13 updates that have been entered in the preceding year and submit the report to the chief 14 clerk of the house of representatives and the senate secretary not later than 15 December 1 of each year. 16 (e) Upon request, the council shall assist a department, an agency, or a 17 municipality in developing rules based on recommendations or regulations adopted 18 under (b) of this section. 19 * Sec. 2. AS 18.65.285 is amended to read: 20 Sec. 18.65.285. Municipal correctional employees. A municipality that 21 employs persons in a municipal correctional facility shall [MAY, BY ORDINANCE,] 22 require that those persons meet the requirements of AS 18.65.130 - 18.65.290 that are 23 applicable to municipal correctional officers. 24 * Sec. 3. AS 18.65.290(6) is amended to read: 25 (6) "municipal correctional officer" means a person who is employed 26 full-time in a municipal correctional facility whose primary duty is to provide custody, 27 care, security, control, and discipline of persons charged or convicted of offenses or 28 held under authority of law; [AND THE MUNICIPALITY HAS ADOPTED AN 29 ORDINANCE UNDER AS 18.65.285 MAKING AS 18.65.130 - 18.65.290 30 APPLICABLE;] 31 * Sec. 4. AS 18.65.290 is amended by adding a new paragraph to read:
01 (10) "deadly force" has the meaning given in AS 11.81.900(b). 02 * Sec. 5. AS 18.65.670(c) is amended to read: 03 (c) The commissioner of public safety may adopt regulations related to village 04 public safety officers, including minimum standards and training, criteria for 05 participation by a community, a municipality, an Alaska Native organization, or a 06 corporation, and the interaction between the Department of Public Safety and village 07 public safety officers. Regulations adopted by the commissioner of public safety under 08 this subsection may not prohibit village public safety officers who otherwise meet 09 minimum standards and training from carrying firearms. If the commissioner of public 10 safety adopts regulations regarding training for village public safety officers, at a 11 minimum, that training must include disability training that provides training in the 12 subjects set out in AS 18.65.220(a)(3) [AS 18.65.220(3)]. The commissioner of 13 corrections may adopt regulations related to the functions of village public safety 14 officers providing probation and parole supervision. 15 * Sec. 6. AS 29.71 is amended by adding a new section to read: 16 Sec. 29.71.070. Use of force reporting requirement. A municipality that 17 employs a person as a municipal police officer shall report to the Federal Bureau of 18 Investigation each incident in which a municipal police officer uses force against a 19 person. 20 * Sec. 7. AS 44.41.020 is amended by adding a new subsection to read: 21 (h) The Department of Public Safety shall submit to the Federal Bureau of 22 Investigation a report of each incident in which a state trooper uses force against a 23 person. 24 * Sec. 8. AS 44.41 is amended by adding a new section to read: 25 Sec. 44.41.055. Statewide use-of-force report. The Department of Public 26 Safety shall prepare a report detailing the information contained in the reports that the 27 Department of Public Safety and municipalities submitted to the Federal Bureau of 28 Investigation in the preceding year regarding the use of force. The Department of 29 Public Safety shall submit the report to the chief clerk of the house of representatives 30 and the senate secretary not later than December 1 of each year and shall notify the 31 legislature that the report is available.
01 * Sec. 9. AS 18.65.280(b) is repealed. 02 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. AS 18.65.285, as amended by sec. 2 of this Act, applies to 05 employment contracts entered into on or after the effective date of sec. 2 of this Act. 06 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: EMPLOYMENT. Each person who, on the effective date of sec. 9 of 09 this Act, is employed as a municipal correctional officer or municipal police officer by a 10 political subdivision with an established police training program that met the requirements for 11 exemption under former AS 18.65.280(b), repealed by sec. 9 of this Act, has two years from 12 the effective date of sec. 9 of this Act to comply with the requirements of AS 18.65.240. 13 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: REGULATIONS. The Department of Public Safety and a 16 municipality that employs a person as a municipal police officer shall adopt regulations 17 necessary to implement secs. 6 - 8 of this Act. The regulations take effect under AS 44.62 18 (Administrative Procedure Act), but not before the effective date of secs. 6 - 8 of this Act. The 19 Department of Public Safety and municipalities shall adopt and publish these regulations by 20 January 1, 2023. 21 * Sec. 13. Section 12 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2022.