03/17/2022 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

         HB 256-LAW ENFORCEMENT: REGISTRY; USE OF FORCE                                                                     
                                                                                                                                
8:54:59 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN announced that the  final order of business would                                                               
be HOUSE  BILL NO.  256, "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  or   in  a   municipal  correctional                                                               
facility,  the Department  of Corrections,  or the  Department of                                                               
Public Safety  to report to  the Federal Bureau  of Investigation                                                               
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."  [Before  the committee, adopted as a  working document on                                                               
3/15/22, was the  proposed committee substitute (CS)  for HB 256,                                                               
Version 32-LS1341\B, Ambrose/Radford, 3/11/22 ("Version B").]                                                                   
                                                                                                                                
8:55:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  Alaska State  Legislature, as  prime                                                               
sponsor of  HB 256, noted that  there was a handout  added to the                                                               
committee packet  that lists  the data  collected by  the Federal                                                               
Bureau  of  Investigation  (FBI)  [pertaining to  use  of  deadly                                                               
force].    A second  document  lists  the 21  agencies  currently                                                               
participating in reporting to the  FBI.  A third handout provides                                                               
a definition  referred to by  Kelly Howell during the  hearing on                                                               
HB 256 on 3/15/22.                                                                                                              
                                                                                                                                
8:57:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR,  in response  to Representative  Prax saying                                                               
he  has heard  complaints that  the  provisions of  HB 256  would                                                               
overburden  the [law  enforcement] system,  pointed out  that the                                                               
list of  agencies that has  been provided  to the committee  is a                                                               
list of  agencies participating  voluntarily with  reporting, and                                                               
it's about  80 percent  of law  enforcement professionals  in the                                                               
state.  She said  that indicates to her that it  is a system that                                                               
is easy to implement.   She mentioned the uniformed crime report,                                                               
which other law  enforcement entities not on the  list are using;                                                               
therefore,  switching  from  one  to   the  other  would  not  be                                                               
overburdensome.   She said the  FBI provides training  modules on                                                               
how to implement  this system, and "the  department" is available                                                               
to support in  a technical capacity.  In response  to a follow-up                                                               
question as to whether this is  a new means of collecting data or                                                               
whether it  will require new data,  she said Section 1  of HB 256                                                               
directs  the Alaska  Police Standards  Council (APSC)  to develop                                                               
the regulations for this reporting.                                                                                             
                                                                                                                                
REPRESENTATIVE PRAX  suggested boots  on the ground  as a  way to                                                               
find out what goes on.                                                                                                          
                                                                                                                                
9:04:09 AM                                                                                                                    
                                                                                                                                
LISA  PURINTON,   Chief,  Criminal  Records   and  Identification                                                               
Bureau,  Division of  Statewide  Services,  Department of  Public                                                               
Safety, in response to  Representative Prax's question, explained                                                               
that the sworn  offices would not likely be  doing the paperwork;                                                               
it would  be done  by clerical staff,  who are  already reviewing                                                               
incidence reports.                                                                                                              
                                                                                                                                
9:05:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE said  he sees  the  data as  a defense  of                                                               
police departments.   He indicated  that he is satisfied  with HB
, [Version B].                                                                                                               
                                                                                                                                
9:06:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY talked about  incremental small demands on                                                               
time  that increase  to be  unmanageable.   He expressed  concern                                                               
about the  safety of officers.   He questioned whether  this bill                                                               
would serve to create a  situation where officers become wary and                                                               
don't want to serve.                                                                                                            
                                                                                                                                
9:10:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR, to  Representative  McCarty's first  point,                                                               
reiterated the 80 percent voluntary  participant rate.  Regarding                                                               
officers' behavior, she  said HB 256 would not direct  them to do                                                               
anything differently,  and she thinks they  would continue making                                                               
the  right decision.    She  explained that  the  purpose of  the                                                               
reporting  is  to  discern  the incidences  and  why  things  are                                                               
happening, thus preventing casualties "on  both sides."  She said                                                               
the data is  used to show trends.  She  spoke about de-escalation                                                               
to avoid a deadly result.                                                                                                       
                                                                                                                                
9:14:26 AM                                                                                                                    
                                                                                                                                
MS.  PURINTON added  that currently  in  state law,  the data  is                                                               
reported.  She said the majority  of the reporting will show that                                                               
there  is nothing  to report,  which  requires little  time.   In                                                               
response to a  follow-up question, she said  currently the report                                                               
must  be made  in the  FBI's database;  the Department  of Public                                                               
Safety is  exploring the option  to streamline the process.   She                                                               
also noted that  the FBI reporting requirement just  went live in                                                               
2019; 60 percent  of law enforcement agencies in  the country are                                                               
part of  the reporting at  present.  She  talked about a  goal to                                                               
provide good statistics out of the data.                                                                                        
                                                                                                                                
9:20:55 AM                                                                                                                    
                                                                                                                                
CO-CHAIR HANNAN clarified that this  is collection of data; it is                                                               
not  deciding  when use  of  force  is  justified  or not.    She                                                               
described  how it  could be  helpful to  have the  data, and  she                                                               
remarked that 60  percent reporting that data  across the country                                                               
is not a lot.                                                                                                                   
                                                                                                                                
9:24:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE remarked  how the  data could  be used  to                                                               
determine, for  example, whether a  certain drug is  creating the                                                               
need for the use of deadly force.                                                                                               
                                                                                                                                
9:25:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  made  closing   comments.    She  expressed                                                               
appreciation  for  law   enforcement  professionals  in  Alaska's                                                               
communities.                                                                                                                    
                                                                                                                                
9:26:32 AM                                                                                                                    
                                                                                                                                
CO-CHAIR SCHRAGE  moved to report CSHB  256, Version 32-LS1341\B,                                                               
Ambrose/Radford,  3/11/22,  out   of  committee  with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection  CSHB  256(CRA)  was  reported  out  of  the  House                                                               
Community and Regional Affairs Standing Committee.