Legislature(2021 - 2022)BUTROVICH 205
03/25/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB102 | |
| SB2 | |
| SB28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 102 | TELECONFERENCED | |
| *+ | SB 2 | TELECONFERENCED | |
| *+ | SB 3 | TELECONFERENCED | |
| *+ | SB 28 | TELECONFERENCED | |
SB 2-PEACE OFFICERS: DE-ESCALATION, MISCONDUCT
4:37:41 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 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."
He listed the individuals who were available to answer questions
and provide invited testimony.
4:38:10 PM
SENATOR ELVI GRAY JACKSON, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 2, read the following introductory
statement for SB 27 into the record: [Original punctuation
provided.]
First, I would like to thank the hard-working men and
women peace officers and office staff who provide the
services that protect lives and welfare of the people
within Alaska's communities. Thank you all for your
service.
The recent casualties surrounding civilians has drawn
even greater attention to issues around policing and
police to community relationships. This moment seems
to have created real momentum to address one of the
longest standing injustices in society.
During last summer and into the Fall, my office -
along with Senator Begich's office - worked together
to develop a series of bills. These bills were drafted
by Legislative Legal as a bill packet that our offices
refer to as TPIP- Turning Pain into Progress. TPIP
was crafted after the national 8 Can't Wait campaign
which is eight specific policies that have been
proven, with data, to reduce police violence by as
much as 72 percent, when implemented. I recognize that
the national campaign can't and shouldn't be applied
to a place as unique as Alaska. Therefore, I spent a
great deal of time talking to stakeholders and gaining
input throughout the process of drafting these bills
to ensure that the proposal would be fitting for
Alaska. I am pleased to say that I have engaged public
safety agencies to include the Anchorage Police
Department, Anchorage Police Employees Association,
Public Safety Employees Association, and the National
Organization of Black Law Enforcement Executives
during the process. Because of my proactive approach,
I am confident in moving forward with the
implementation of public safety policy changes that
will benefit both the citizens of Alaska and our law
enforcement officers.
4:40:11 PM
SENATOR GRAY-JACKSON read the following sponsor statement for SB
27 into the record: [Original punctuation provided.]
The vast majority of law enforcement officers in this
country perform their difficult duties daily with
respect to their communities and in compliance with
the law. There are, after all, incidents in which this
is not the case. Police misconduct can include, among
other things, excessive force, failure to intervene
when an officer sees another officer not following
protocol or practicing safety measures.
These above issues portray the need for additional
training specifically for police officers, probation
officers, parole officers, municipal correctional
officers, or correctional officers.
SB2 seeks to mandate training around de-escalation and
the duty to intervene as an officer. Additionally,
this bill would set new parameters around de-
certification, denial and revocation of certificates.
4:41:14 PM
KEITH BAUGUESS, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, paraphrased the following sectional
analysis for SB 2: [Original punctuation provided.]
Section 1. This section amends AS 18.65.220, the
statute regarding the powers of the Alaska Police
Standards Council by adding a new subsection. It would
adopt regulations that require a police officer,
probation officer, parole officer, municipal
correctional officer, or correctional officer to de-
escalate an encounter with a person who resists or
responds aggressively to officer contact or arrest by
using nondeadly or less lethal means before using
deadly force, if de-escalation is safe to attempt. It
would also require such officers listed to intervene
when the officer knows, or reasonably should know,
that another officer is engaged in an act of
misconduct, unless the officer cannot intervene
safely. That officer also is to immediately report to
a supervisor the incident involving another officer
engaged in an act of misconduct.
Section 2. This section amends AS 18.65.240(a) the
statute regarding Alaska Police Standards Council
Standards, setting forth that a person may not be
appointed as a police officer, except on a
probationary basis, based on completing training
regarding domestic violence, and sexual assault, and
having the qualifications established for employment.
The Council shall prescribe the means of presenting
evidence of fulfillment of these requirements.
Section 3. This section amends AS 18.65.240(c) to deny
or revoke the certificate of a police officer who does
not meet the standards or who fails to comply with the
regulations adopted under AS 18.65.220(b)(1)-(3), or
who has been the subject of a substantiated report of
an incident involving misconduct filed in accordance
with AS 18.65.220(b)(3).
4:43:05 PM
Section 4. This section amends AS 18.65.242(b), the
statute regarding standards for municipal
correctional, probation, and parole officers, to set a
[training] requirement for certification. Conforming
language is reflected in section 2 of this bill.
Section 5. This section amends AS 18.65.245, the
statute pertaining to denial or revocation of
certificate of municipal correctional, correctional,
probation, or parole officer with conforming language
that reflects section 3 of this bill.
Section 6. This section amends AS 18.65.280(b), the
statute regarding Alaska Police Standards Council
exceptions to set requirements for police training
programs.
Section 7. This section amends AS 18.65.670(c), the
statute regarding village public safety officer
program. Specifically, it sets requirement for
training subjects with conforming language that
reflects section 6.
4:44:16 PM
CHAIR SHOWER expressed support for including improvements to the
VPSO program in the bill. He said he was interested in hearing
what officers think about the bill. He asked if the members had
questions for Robert Griffiths or Colonel Barlow.
SENATOR HOLLAND asked for a short statement from each of the
individuals on their perspective of the bill.
4:47:20 PM
ROBERT GRIFFITHS, Executive Director, Alaska Police Standards
Council, Juneau, Alaska, stated that SB 2 reflects many of the
concerns about performance and training standards for officers
in the state that APSC is addressing in a new regulatory
package. The council is ready to embrace this type of change and
has no major concerns with the bill.
CHAIR SHOWER asked Colonel Barlow to comment on the balance
between giving police officers leeway and not putting them in
harm's way unnecessarily and "throwing the book" at officers who
do not follow the rules.
4:50:25 PM
COLONEL BRYAN BARLOW, Director, Alaska State Troopers,
Department of Public Safety (DPS), Anchorage, Alaska, stated
that the department provides public safety training for troopers
and police officers at the academy in Sitka that incorporates
the mindset of de-escalation and intervening when excessive use
of force is observed. Blocks of training are devoted to
professional police communication, critical incident
intervention, and multiple scenario-based training exercises. In
the latter, the role players are evaluated and rated in each
scenario, all of which have a de-escalation or intervention
component.
COLONEL BARLOW explained that after troopers complete more than
1,000 hours of training at the public safety academy, they are
involved in a months-long field training and evaluation program
where a training officer evaluates de-escalation techniques and
use of force. Following that training, the recruits are on
probationary status.
COLONEL BARLOW said the department takes de-escalation and
professionalism in service and communication with the public
very seriously. Officers are expected to hold themselves to a
high standard and policies require troopers to intervene and
report if excessive use of force is observed.
CHAIR SHOWER asked if he had any specific comments on or
concerns with the bill.
COLONEL BARLOW replied the department has no big issues with SB
2 at this time.
4:54:28 PM
SENATOR COSTELLO advised that Senator Kawasaki was online, but
his audio was not working. He sent a message asking how
frequently officers take refresher training on de-escalation and
specifically when an academy graduate takes the refresher
training.
MR. GRIFFTHS answered that current regulations do not require
annual or biannual recertification in de-escalation training.
Each individual department addresses that topic currently, but
next week APSC will consider a package of regulation change.
These include mandatory refresher training for all officers in
the state every year to maintain certification in de-escalation,
constitutional rights and other topics.
CHAIR SHOWER noted that Senator Kawasaki showed on the board,
but his audio was muted.
4:57:16 PM
CHAIR SHOWER opened public testimony on SB 2.
4:57:55 PM
MIKE COONS, representing self, Palmer, Alaska, stated that he
strongly opposes SB 2 in addition to SB 1, SB 4, SB 7, and SB
46. He maintained that these bills are what Black Lives Matter
is trying to do, which is to create a new socialist-approved
police force. The bill is more harassment of law enforcement.
4:59:40 PM
KATIE BOTZ, representing self, Juneau, Alaska, stated support
for SB 2. She cited a case last August where a police officer
escalated a domestic dispute. She said she was concerned about
the level of training the officer went through. She offered her
belief that there should be stricter rules and policies, so
officers do not misjudge and mistreat people on scene. She asked
the committee to strengthen the bill and hold police officers
accountable.
5:02:00 PM
CELEST HODGE-GROWDEN, President and CEO, Alaska Black Caucus,
Anchorage, Alaska, said the Alaska Black Caucus is a nonprofit
organization that champions the lives of Black people in the
areas of health, economics, education, and justice. She stated
strong support for both SB 2 and SB 3 and urged the committee to
support de-escalation bills. She said policing practices must
build community trust and foster collaboration to protect public
safety and all citizens. This legislation is a positive step
toward bridging the gap between law enforcement and all
citizens, including Black and indigenous people of color.
5:03:31 PM
LILIANE ULUKIVAOLA, representing self, Anchorage, Alaska, said
she supports SB 2 because law enforcement needs more training
and to be held accountable for their actions. She recounted a
situation where law enforcement was called to de-escalate a
situation with a suicidal person, but the officers ridiculed the
individual.
5:05:10 PM
KAREN MALCOLM-SMITH, David Dylan Foundation, Anchorage, Alaska,
stated strong support for SB 2. She related a personal story
where officers acted with no compassion when she was suicidal.
She declined a trip to the hospital and the officers put her in
handcuffs and used what she believes was excessive force to put
her in the back of the squad car. She said the officers were
young and appeared to be untrained.
5:07:32 PM
MAXINE DOOGAN, Community United for Safety and Protection
(CUSP), Fairbanks, Alaska, stated that CUSO is an ally for
current and former sex workers and is urging the committee to
support both SB 2 and SB 3. These bills codify important public
safety measures so there is no arbitrary enforcement between
jurisdictions, and the public will be clear about the
expectations.
5:08:42 PM
MICHAEL PATTERSON, Party for Socialism and Liberation Anchorage
(PSL), Anchorage, Alaska, stated that PSL held demonstrations in
Anchorage last summer and had conversations with thousands of
Alaskans about their personal interactions with the police. It
was disheartening to hear many people describe how police
treated them with violence and aggression when they were
experiencing a mental health crisis. This escalated the
situation. Thus, PSL Anchorage supports SB 2 and SB 3 to codify
standards for police officers.
MR. PATERSON related a personal encounter with Anchorage Police
Department (APD) officers when he was age 15. He described this
and other interactions with law enforcement in Alaska as "pretty
bad" and said SB 2 is a modest and necessary first step to
modernize Alaska's public safety laws.
5:10:19 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, advised that
she is an Inupiaq from Fairbanks who entered the foster care
system because of police brutality against her dad. Family
members and others have also talked about how the police treat
her people and the differences in treatment between a female and
a male. She said she has called the Alaska State Troopers
several times asking for help as recommended by the Interior
Alaska Center for Nonviolent Living and the troopers did not
follow through. She said it is almost taboo for people in her
community to call police because there is so much mistrust. She
urged the committee to do the research to see how bills like SB
2 and SB 3 have helped communities. She suggested the language
in SB 2 could be even stronger and require officers to prove
that their life was in danger when they opted to use deadly
force. She pointed out that per capita, Alaska is the second
worst state in the nation for police brutality against Alaska
Natives and Blacks. SB 2 is a step in the right direction.
5:13:38 PM
CHAIR SHOWER closed public testimony on SB 2 and held the bill
in committee.