SB 2: "An Act relating to reporting acts of misconduct by peace officers; relating to de-escalation procedures used by peace officers; relating to peace officer certificates; and relating to the Alaska Police Standards Council."
00 SENATE BILL NO. 2 01 "An Act relating to reporting acts of misconduct by peace officers; relating to de- 02 escalation procedures used by peace officers; relating to peace officer certificates; and 03 relating to the Alaska Police Standards Council." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.65.220 is amended by adding a new subsection to read: 06 (b) The council shall adopt regulations that require 07 (1) a police officer, probation officer, parole officer, municipal 08 correctional officer, or correctional officer to de-escalate an encounter with a person 09 who resists or responds aggressively to officer contact or arrest by using nondeadly or 10 less lethal means before using deadly force, if de-escalation is safe to attempt; 11 (2) a police officer, probation officer, parole officer, municipal 12 correctional officer, or correctional officer to intervene when the officer knows, or 13 reasonably should know, that another officer is engaged in an act of misconduct, 14 unless the officer cannot intervene safely; and
01 (3) an officer under (2) of this subsection to immediately report to a 02 supervisor the incident involving another officer engaged in an act of misconduct. 03 * Sec. 2. AS 18.65.240(a) is amended to read: 04 (a) A person may not be appointed as a police officer, except on a 05 probationary basis, unless the person (1) has satisfactorily completed a basic program 06 of police training approved by the council, which includes at least 12 hours of 07 instruction regarding domestic violence, as that term is defined in AS 18.66.990, 08 [AND] at least 12 hours of instruction regarding sexual assault, as that term is 09 [THOSE TERMS ARE] defined in AS 18.66.990, and instruction regarding the 10 regulations adopted under AS 18.65.220(b)(1) - (3), and (2) possesses other 11 qualifications the council has established for the employment of police officers, 12 including minimum age, education, physical and mental standards, citizenship, moral 13 character, and experience. The council shall prescribe the means of presenting 14 evidence of fulfillment of these requirements. 15 * Sec. 3. AS 18.65.240(c) is amended to read: 16 (c) The council may deny or revoke the certificate of a police officer who does 17 not meet the standards adopted under (a)(2) of this section, who fails to comply with 18 the regulations adopted under AS 18.65.220(b)(1) - (3), or who has been the 19 subject of a substantiated report of an incident involving misconduct filed in 20 accordance with AS 18.65.220(b)(3). 21 * Sec. 4. AS 18.65.242(b) is amended to read: 22 (b) The council shall 23 (1) prescribe the means of presenting evidence of fulfillment of the 24 requirements set out in (a) of this section; and 25 (2) issue a certificate evidencing satisfaction of the requirements of (a) 26 of this section to an applicant who 27 (A) satisfies the requirements of (a)(1) of this section; and 28 (B) meets the minimum education standards of (a)(2) of this 29 section by satisfactorily completing a training program for municipal 30 correctional, correctional, probation, or parole officers established under 31 AS 18.65.230, including training regarding domestic violence that contains the
01 subjects set out in AS 18.66.310(d), training in intervening when another 02 officer engages in an act of misconduct, training in reporting incidents 03 involving misconduct by another officer, and training in the de-escalation 04 procedures required by regulations adopted under AS 18.65.220(b)(1) - 05 (3), or a course of instruction in another jurisdiction equivalent in content and 06 quality to that required by the council for approved municipal correctional, 07 correctional, probation, or parole officer education and training programs in 08 this state. 09 * Sec. 5. AS 18.65.245 is amended to read: 10 Sec. 18.65.245. Denial or revocation of certificate of municipal 11 correctional, correctional, probation, or parole officer. The council may 12 (1) deny a certificate to an applicant for a municipal correctional, 13 correctional, probation, or parole officer certificate if the applicant does not meet the 14 standards adopted by the council under AS 18.65.242(a), fails to comply with the 15 regulations adopted under AS 18.65.220(b)(1) - (3), or has been the subject of a 16 substantiated report of an incident involving misconduct filed in accordance with 17 AS 18.65.220(b)(3); 18 (2) revoke the certificate of a municipal correctional, correctional, 19 probation, or parole officer who, having been issued a certificate, fails to meet the 20 standards adopted by the council under AS 18.65.242(a), fails to comply with the 21 regulations adopted under AS 18.65.220(b)(1) - (3), or has been the subject of a 22 substantiated report of an incident involving misconduct filed in accordance with 23 AS 18.65.220(b)(3). 24 * Sec. 6. AS 18.65.280(b) is amended to read: 25 (b) A political subdivision with an established police training program 26 meeting the requirements of AS 18.65.220(a)(2) and (3) [AS 18.65.220(2) AND (3)] 27 may exclude itself from the requirements of AS 18.65.240 by ordinance. The 28 exclusion has no effect on eligibility to receive federal or state grants. 29 * Sec. 7. AS 18.65.670(c) is amended to read: 30 (c) The commissioner of public safety may adopt regulations related to village 31 public safety officers, including minimum standards and training, criteria for
01 participation by a community, a municipality, an Alaska Native organization, or a 02 corporation, and the interaction between the Department of Public Safety and village 03 public safety officers. Regulations adopted by the commissioner of public safety under 04 this subsection may not prohibit village public safety officers who otherwise meet 05 minimum standards and training from carrying firearms. If the commissioner of public 06 safety adopts regulations regarding training for village public safety officers, at a 07 minimum, that training must include disability training that provides training in the 08 subjects set out in AS 18.65.220(a)(3) [AS 18.65.220(3)]. The commissioner of 09 corrections may adopt regulations related to the functions of village public safety 10 officers providing probation and parole supervision.