SB 23: "An Act relating to the duties of the Alaska Police Standards Council; relating to municipal correctional officers and municipal correctional employees; making municipal police officers subject to police standards; relating to the duties of the Department of Public Safety; relating to reports of 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."
00 SENATE BILL NO. 23 01 "An Act relating to the duties of the Alaska Police Standards Council; relating to 02 municipal correctional officers and municipal correctional employees; making 03 municipal police officers subject to police standards; relating to the duties of the 04 Department of Public Safety; relating to reports of incidents of use of force by state and 05 municipal police, probation, parole, and correctional officers and municipal correctional 06 facility employees; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 18.65.220 is amended by adding new subsections to read: 09 (b) The council shall make recommendations relating to and may adopt 10 regulations requiring a police officer, probation officer, parole officer, municipal 11 correctional officer, or correctional officer to report to a supervisor, as soon as 12 practicable, an incident in which an officer used deadly force or prepared to use deadly 13 force against a person.
01 (c) The council shall maintain a central registry of police officers, probation 02 officers, parole officers, municipal correctional officers, and correctional officers who 03 have had a certificate denied or revoked under AS 18.65.240(c) or 18.65.245. The 04 council may enter and maintain in the central registry information that the council 05 obtains from the Department of Public Safety, the Department of Corrections, or a 06 municipality about each officer who has had a certificate denied or revoked. The 07 central registry information shall include the reason for which each officer's certificate 08 was denied or revoked. The council shall adopt regulations to ensure the appropriate 09 circulation to law enforcement agencies of information contained in the central 10 registry. 11 (d) The council shall prepare a report detailing the central registry information 12 updates that have been entered in the preceding year and submit the report to the chief 13 clerk of the house of representatives and the senate secretary not later than 14 December 1 of each year. 15 (e) Upon request, the council shall assist a department, an agency, or a 16 municipality in developing rules based on recommendations or regulations adopted 17 under (b) of this section. 18 * Sec. 2. AS 18.65.285 is amended to read: 19 Sec. 18.65.285. Municipal correctional employees. A municipality that 20 employs persons in a municipal correctional facility shall [MAY, BY ORDINANCE,] 21 require that those persons meet the requirements of AS 18.65.130 - 18.65.290 that are 22 applicable to municipal correctional officers. 23 * Sec. 3. AS 18.65.290(6) is amended to read: 24 (6) "municipal correctional officer" means a person who is employed 25 full-time in a municipal correctional facility whose primary duty is to provide custody, 26 care, security, control, and discipline of persons charged or convicted of offenses or 27 held under authority of law; [AND THE MUNICIPALITY HAS ADOPTED AN 28 ORDINANCE UNDER AS 18.65.285 MAKING AS 18.65.130 - 18.65.290 29 APPLICABLE;] 30 * Sec. 4. AS 18.65.290 is amended by adding a new paragraph to read: 31 (10) "deadly force" has the meaning given in AS 11.81.900(b).
01 * Sec. 5. AS 18.65.670(h) is amended to read: 02 (h) The commissioner may, in consultation with grant recipients, as provided 03 in (k) of this section, adopt regulations related to village public safety officers, 04 including establishing minimum standards and training, physical fitness requirements, 05 criteria for participation by a community, a municipality, an Alaska Native 06 organization, or a corporation, and the interaction between the department and village 07 public safety officers. If the commissioner adopts regulations regarding training for 08 village public safety officers, the training must be consistent with the standards in 09 AS 18.65.676 and disability training under AS 18.65.220(a)(3) [AS 18.65.220(3)]. 10 The commissioner of corrections may, in consultation with grant recipients, adopt 11 regulations related to the functions of village public safety officers providing pretrial, 12 probation, and parole supervision. 13 * Sec. 6. AS 18.65.676(a) is amended to read: 14 (a) A village public safety officer basic training program must provide 15 (1) a physical training program that includes instruction in physical 16 methods of arrest, use of batons, use of chemical defensive weapons, and electronic 17 control weapons; 18 (2) instruction in 19 (A) the state's criminal and procedural law; 20 (B) the state's criminal justice system; 21 (C) police procedures; 22 (D) disabilities training described under AS 18.65.220(a)(3) 23 [AS 18.65.220(3)]; 24 (E) domestic violence and sexual assault prevention and 25 response procedures; 26 (F) emergency trauma technician training; 27 (G) search and rescue training; 28 (H) rural fire protection specialist training. 29 * Sec. 7. AS 29.71 is amended by adding a new section to read: 30 Sec. 29.71.070. Use of force reporting requirement. A municipality that 31 employs a person as a municipal police officer or in a municipal correctional facility
01 shall report to the Federal Bureau of Investigation each incident in which a municipal 02 police officer or municipal correctional facility employee uses force against a person. 03 * Sec. 8. AS 44.28.020 is amended by adding a new subsection to read: 04 (d) The department shall submit to the Federal Bureau of Investigation a 05 report of each incident in which a probation officer, parole officer, or correctional 06 officer uses force against a person. 07 * Sec. 9. AS 44.41.020 is amended by adding a new subsection to read: 08 (k) The Department of Public Safety shall submit to the Federal Bureau of 09 Investigation a report of each incident in which a state trooper, village public safety 10 officer, or regional public safety officer uses force against a person. 11 * Sec. 10. AS 44.41 is amended by adding a new section to read: 12 Sec. 44.41.055. Statewide use-of-force report. The Department of Public 13 Safety shall prepare a report detailing the information contained in reports that the 14 Department of Public Safety, the Department of Corrections, and municipalities 15 submitted to the Federal Bureau of Investigation in the preceding year regarding the 16 use of force and submit the report to the chief clerk of the house of representatives and 17 the senate secretary not later than December 1 of each year. 18 * Sec. 11. AS 18.65.280(b) is repealed. 19 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. AS 18.65.285, as amended by sec. 2 of this Act, applies to 22 employment contracts entered into on or after the effective date of sec. 2 of this Act. 23 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: EMPLOYMENT. Each person who, on the effective date of sec. 11 of 26 this Act, is employed as a municipal correctional officer or municipal police officer by a 27 political subdivision with an established police training program that met the requirements for 28 exemption under former AS 18.65.280(b), repealed by sec. 11 of this Act, has one year from 29 the effective date of sec. 11 of this Act to comply with the requirements of AS 18.65.240. 30 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 TRANSITION: REGULATIONS. The Department of Corrections, the Department of 02 Public Safety, and a municipality that employs a person as a municipal police officer or in a 03 municipal correctional facility shall adopt regulations necessary to implement secs. 7 - 10 of 04 this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 05 before the effective date of secs. 7 - 10 of this Act. The Department of Corrections, the 06 Department of Public Safety, and municipalities shall adopt and publish these regulations by 07 January 1, 2024. 08 * Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 09 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect July 1, 2023.