Legislature(2021 - 2022)BUTROVICH 205
05/10/2021 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB11 | |
| SB31 | |
| SB7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 11 | TELECONFERENCED | |
| + | SB 7 | TELECONFERENCED | |
| + | SB 31 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 109 | TELECONFERENCED | |
| += | SJR 6 | TELECONFERENCED | |
SB 7-STATE TROOPER POLICIES: PUBLIC ACCESS
2:14:26 PM
CHAIR HOLLAND reconvened the meeting announced the consideration
of SENATE BILL NO. 7 "An Act requiring the Department of Public
Safety to publish certain policies and procedures on the
department's Internet website."
2:14:55 PM
SENATOR ELVI GRAY-JACKSON read the sponsor statement:
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.
2:16:56 PM
SB7 "An Act requiring the Department of Public Safety
to publish certain policies and procedures on the
department's Internet website."
This bill would require that the Department of Public
Safety publish on their website the department's
current policies and procedures related to the conduct
of peace officers employed or regulated by the
department. The duty of the Department of Public
Safety is to ensure public safety within our
communities and, as such, the public must be able to
easily access the current policies and procedures that
requires peace officers regulated by the department to
adhere to.
2:17:27 PM
KEITH BAUGUESS, Staff, Senator Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, read the sectional analysis on
behalf of the sponsor:
Section 1: Amends AS 44.441.020 to add the Department
of Public Safety shall publish on their website the
current policies and procedures related to the conduct
of peace officers employed or regulated by the
department.
2:18:15 PM
SENATOR MYERS stated that this bill would not only affect the
conduct of peace officers employed by the Department of Public
Safety (DPS) but also peace officers regulated by the
department. He asked if this would impact any departments
outside the state, such as municipalities or Village Public Safety
Officers.
SENATOR GRAY-JACKSON answered yes. She said DPS and the
Anchorage Police Department post their policies on their
websites. She said the goal is to have all agencies post their
current polices on their websites.
2:18:54 PM
SENATOR MYERS related his understanding that DPS would need to
publish the policies of other law enforcement agencies on its
website, such as the Anchorage Police Department (APD).
SENATOR GRAY-JACKSON answered that she was not certain since APD
already posts its policies on its website.
2:19:26 PM
SENATOR MYERS referred to page 1, lines 5 to 7 of SB 7, which
read, "The Department of Public Safety shall publish on the
department's Internet website the department's current policies
and procedures related to the conduct of peace officers employed
or regulated by the department." Thus, if DPS is in charge of
regulating another agency, it would need to publish that
department's policies and procedures on its website.
SENATOR GRAY-JACKSON pointed out that the Alaska Police
Standards Council (APSC) regulates peace officers throughout the
state.
2:20:10 PM
SENATOR HUGHES referred to the language in the bill that read,
"the department's current policies and procedures related to the
conduct of peace officers." She said she did not interpret this
to mean that the department would post policies and procedures
from other police departments throughout state. She stated that
there are about 35 police departments in the state. Instead,
this refers to DPS's own policies and procedures related to
conduct, which would likely be APSC's policies and procedures.
SENATOR GRAY-JACKSON agreed that was her understanding.
2:21:10 PM
SENATOR HUGHES asked for the number of pages in DPS policies and
procedures.
2:21:45 PM
SENATOR SHOWER asked for clarification. He recalled hearing the
bill in the State Affairs Committee. During the debate there was
general agreement that publishing police policies and procedures
(P&Ps) on "use of force" online could reduce tension.
2:23:24 PM
ERIC OLSEN, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), Anchorage, Alaska, stated that the
department does not have any issues with posting its own
policies on DPS's website. DPS currently posts its standards of
conduct for DPS's personnel on its website. However, the
department is not in charge of publishing other law enforcement
agencies' policies and procedures.
2:24:07 PM
SENATOR SHOWER related his understanding that SB 7 would not
require DPS to publish for all.
LIEUTENANT OLSEN responded that he could not speak for the
Department of Law, but he personally does not interpret it to
mean it was inclusive of other agencies.
2:24:56 PM
SENATOR HUGHES related her understanding that DPS is already
posting its policies and procedures on DPS's website so the bill
would not currently change anything but it would place it in
statute for future departments to consider.
LIEUTENANT OLSEN answered yes.
2:25:28 PM
SENATOR SHOWER clarified that the department does not post
everything in its manual. Thus, this is not all encompassing,
since some tactics, techniques and procedures are not posted. He
recalled that DPS indicated there is a clear boundary of what is
posted.
LIEUTENANT OLSEN agreed that certain portions of the
department's policies and procedures are not published but the
majority is posted. He was uncertain which chapters of the
Operating Procedures Manual (OPM) were not posted. The
department does not publish its policies on use of force.
2:26:37 PM
SENATOR KIEHL said he thought the bill was a good step forward.
He surmised that the sponsor's intent is not to publish DPS's
detailed investigation, interrogation, or other tactical rules
on the department's website. He asked how far the phrase
"conduct of peace officers" goes.
SENATOR GRAY-JACKSON said that SB 46 covers police use of force.
SENATOR KIEHL stated that the Juneau Police Department (JPD)
publishes its use of force policy online. Lieutenant Olsen said
that the Alaska State Troopers does not publish their use of
force policy online. He asked if the sponsor's intent is to have
the use of force policies posted online.
SENATOR GRAY-JACKSON answered yes.
2:28:23 PM
SENATOR HUGHES asked if the committee needs a legal opinion on
whether the language includes posting the use of force policies
and procedures since DPS does not interpret the bill to include
it.
SENATOR GRAY-JACKSON agreed that Legislative Legal Services
could explain the language. She explained she introduced another
bill, SB 46, to address use of force.
2:29:24 PM
CHAIR HOLLAND related his understanding that SB 46 does not
address publishing information on internet websites.
SENATOR GRAY-JACKSON said that bill would require reporting use
of force instances.
2:29:58 PM
SENATOR MYERS pointed out there is a difference between the use
of force incidents, which is addressed in SB 46, and use of
force policies in SB 7. He suggested an amendment might be
needed to make that more explicit.
SENATOR GRAY-JACKSON deferred to DPS as to whether the
department includes its use of force statistics in its policies.
2:30:44 PM
LIEUTENANT OLSEN responded that Chapter 107, related to the use
of force is published on the department's website.
CHAIR HOLLAND asked if that resolved the questions.
SENATOR SHOWER stated that all these questions relate to the
department not posting more sensitive information on its
website. It's important to give criminals access to some
information. He recalled testimony given before the Senate State
Affairs Committee indicated the department was comfortable with
the language with the caveat that DPS could decide which
information would be posted. The department felt it might reduce
tension for the public.
2:32:18 PM
SENATOR HUGHES suggested a legal opinion might be necessary. The
current commissioner has chosen to post the policies and
procedures related to conduct but has also chosen to post use of
force. It is important to know if the bill will require the
department to list its policies on "use of force" since a new
commissioner could decide not to do so.
2:33:05 PM
SENATOR GRAY-JACKSON related her understanding that the
department said its policies include use of force.
CHAIR HOLLAND related his understanding that use of force was
related to policies for officer conduct.
2:33:36 PM
SENATOR HUGHES maintained her interest in knowing if the bill
covers use of force and policies and procedures.
2:34:16 PM
SENATOR GRAY-JACKSON stated that the purpose of bringing SB 7
forward is to ensure the information will be posted in the event
a police chief decided not to do so.
2:34:41 PM
SENATOR HUGHES asked DPS to address whether the use of force is
separate from the policies and procedures (P&P) related to APSC.
2:35:10 PM
LIEUTENANT OLSEN explained that the Alaska Police Standards
Council (APSC) regulates the officers not law enforcement
agencies. He reiterated that DPS publishes the majority of its
policy and procedures manual online, including Chapter 101 and
107, which relate to the use of force.
SENATOR HUGHES asked if both chapters would need to be posted
under the bill.
LIEUTENANT OLSEN deferred to DPS's commissioner and to the
Department of Law to further respond.
SENATOR HUGHES said it was important to know the definitive
answer.
CHAIR HOLLAND agreed to research this and report back to the
committee.
CHAIR HOLLAND held SB 7 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 11 Legal Memo.pdf |
SJUD 5/10/2021 1:30:00 PM |
SB 11 |