05/02/2023 03:30 PM Senate STATE AFFAIRS

         SB  23-LAW ENFORCEMENT: REGISTRY; USE OF FORCE                                                                     
                                                                                                                                
4:11:22 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration  of SENATE  BILL NO.  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."                                                                                               
                                                                                                                                
[CSSB 23(CRA) was before the committee.]                                                                                        
                                                                                                                                
4:11:47 PM                                                                                                                    
SENATOR ELVI GRAY-JACKSON, District  G, Alaska State Legislature,                                                               
Juneau, Alaska, sponsor of SB  23, thanked the hard working peace                                                               
officers and  staff that  provide the  services that  protect the                                                               
lives  and  welfare  of  people   in  Alaska's  communities.  She                                                               
conveyed that in 2020, she  and former Senator Begich developed a                                                               
series of bills  that are referred to as TPIP  (turning pain into                                                               
progress). They  contain eight specific  policies that  have been                                                               
proven  to  reduce police  violence  markedly.  These bills  were                                                               
crafted to ensure that the proposals were fitting for Alaska.                                                                   
                                                                                                                                
SENATOR GRAY-JACKSON read the sponsor statement for SB 23.                                                                      
                                                                                                                                
     Committee Substitute  Senate Bill  23 will  ensure that                                                                    
     instances when  use of force  was used will be  sent to                                                                    
     the Department  of Public Safety  to be entered  into a                                                                    
     central  registry and  sent to  the  Federal Bureau  of                                                                    
     Investigation  for  data collection.  The  use-of-force                                                                    
     database  under  AS 44.41.055  will  be  utilized by  a                                                                    
     municipal   police   officer,  municipal   correctional                                                                    
     facility    employee,   pretrial    services   officer,                                                                    
     probation   officer,   parole   officer,   correctional                                                                    
     officer, state trooper,  village public safety officer,                                                                    
     or regional officers. This report  will be submitted by                                                                    
     the Department  of Public Safety under  AS 44.41.020(h)                                                                    
     from the  preceding fiscal year  to the Chief  Clerk of                                                                    
     the House of Representatives and the Senate Secretary.                                                                     
                                                                                                                                
     Additional   training   will    be   included   in   AS                                                                    
     18.65.676(a)  which   will  be   disabilities  training                                                                    
     described under AS 18.65.220(a)(3).                                                                                        
                                                                                                                                
     Currently,  there is  no central  database that  tracks                                                                    
     instances of  use-of-force within the State  of Alaska,                                                                    
     but  there are  agencies within  the state  that report                                                                    
     uses of  force and  send those  reports to  the Federal                                                                    
     Bureau  of Investigation.  While this  central database                                                                    
     will not be  open to the public, it will  be shared for                                                                    
     employment  purposes amongst  departments and  agencies                                                                    
     who   is  hiring   as  well   as,   the  Alaska   State                                                                    
     Legislature.  This will  allow  for transparency  among                                                                    
     agencies and  will close loopholes that  allow officers                                                                    
     to  be  hired  with   another  agency  after  having  a                                                                    
     certificate denied or revoked  under AS 18.65.240(c) as                                                                    
     proven by the Police Standards Council.                                                                                    
                                                                                                                                
4:16:26 PM                                                                                                                    
HARLYN  ANDREW, Staff,  Senator Elvi  Gray-Jackson, Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented  the sectional  analysis                                                               
for SB 23 on behalf of the sponsor.                                                                                             
                                                                                                                                
[The sectional analysis was drafted to comport to CSSB 23(CRA).]                                                                
                                                                                                                                
     Section  1:  AS  18.65.220  is amended  by  adding  new                                                                  
     subsections (b)  which will  require a  police officer,                                                                    
     probation  officer, parole  officer, pretrial  services                                                                    
     officer,    municipal    correctional    officer,    or                                                                    
     correctional officer  to report, to a  supervisor, when                                                                    
     an  officer  engaged in  the  use  of force  against  a                                                                    
     person. (c) requires that the  Council shall maintain a                                                                    
     central   registry  of   denied   or  revoked   officer                                                                    
     certificates.  (d)  requires  that  the  Council  shall                                                                    
     adopt  and  prepare  a report  detailing  the  registry                                                                    
     information  to  the  chief   clerk  of  the  House  of                                                                    
     Representatives and the Senate  Secretary no later than                                                                    
     December  1st  of  each  year.  (e)  states  that  upon                                                                    
     request,  the Council  shall  assist  a Department,  an                                                                    
     agency, or  municipality in  developing rules  based on                                                                    
     recommendations  on regulations  adopted  under (b)  of                                                                    
     this section.                                                                                                              
                                                                                                                                
     Section  2: AS  18.65.285 is  amended by  replacing the                                                                  
     word "may" with "shall."                                                                                                   
                                                                                                                                
     Section  3:  AS  18.65.290(b) is  amended  by  defining                                                                  
     "municipal correctional officer."                                                                                          
                                                                                                                                
     Section  4:   AS  18.65.290  is  amended   by  defining                                                                  
     "pretrial  services  officers," and  defining  "serious                                                                    
     physical  injury"  per  AS  11.81.900(b),  as  well  as                                                                    
     defining "use of force."                                                                                                   
                                                                                                                                
     Section  5: AS  18.65.670(h)  is  amended by  providing                                                                  
     training in  the subjects  set out  in 18.65.220(a)(3).                                                                    
     These  trainings  are  as follows:  physical  training,                                                                    
     methods  of  arrest, use  of  batons,  use of  chemical                                                                    
     defensive  weapons,  and electronic  controls  weapons.                                                                    
     Instruction  is state's  criminal  and procedural  law,                                                                    
     state's  criminal  justice system,  police  procedures,                                                                    
     disabilities  training,  domestic violence  and  sexual                                                                    
     assault prevention  and response  procedures; emergency                                                                    
     trauma technician,  search and  rescue, and  rural fire                                                                    
     protection specialist trainings.                                                                                           
                                                                                                                                
     Section  6: Amends  AS 18.65.676  (a)  by stating  that                                                                  
     instruction in disabilities training  be outlined in AS                                                                    
     18.65.22 (a) (3). This statute  addresses powers of the                                                                    
     police standards council.                                                                                                  
                                                                                                                                
     Section  7: Amends  AS 29.71  by adding  a new  section                                                                  
     that outlines  the use  of force  reporting requirement                                                                    
     to the  Department of Public  Safety by  a municipality                                                                    
     that employs various positions.                                                                                            
                                                                                                                                
     Section  8:  Amends  AS  44.28.020   by  adding  a  new                                                                  
     subsection that  details that the Department  of Public                                                                    
     Safety use  a form  prescribed by Department  of Public                                                                    
     Safety reporting uses of  force for probation officers,                                                                    
     parole  officers, correctional  officers, and  pretrial                                                                    
     services officers.                                                                                                         
                                                                                                                                
     Section  9: AS  44.41.020 is  amended by  adding a  new                                                                  
     subsection that  the Department  of Public  Safety will                                                                    
     submit a report to  the Federal Bureau of Investigation                                                                    
     that relates use of force  incidents by state troopers,                                                                    
     VSPOs, or regional public safety officers.                                                                                 
                                                                                                                                
     Section 10:  Amends AS 44.41  to add a new  section (b)                                                                  
     that  states  the  Department of  Public  Safety  shall                                                                    
     prepare a  report. (c) The Department  of Public Safety                                                                    
     will submit  the report from the  preceding fiscal year                                                                    
     to the Chief Clerk of  the House of Representatives and                                                                    
     the Senate Secretary. This section  asks for the report                                                                    
     to be supplied by December 1st of each year.                                                                               
                                                                                                                                
4:20:09 PM                                                                                                                    
     Section 11: AS 18.65.280(b) is repealed.                                                                                 
                                                                                                                                
     Section 12: The  uncodified law of the  State of Alaska                                                                  
     is  amended by  adding a  new section  that applies  to                                                                    
     employment contracts entered on  or after the effective                                                                    
     date of sec. 2 of this Act.                                                                                                
                                                                                                                                
     Section 13: Amends  the uncodified law of  the State of                                                                  
     Alaska   by  adding   a  new   section  pertaining   to                                                                    
     transition: employment. This  section sets an effective                                                                    
     date  of  sec.  11  of  this  Act  to  comply  with  AS                                                                    
     18.65.240 requirements.                                                                                                    
                                                                                                                                
     Section 14:  Amended by adding a  new section regarding                                                                  
     regulations  of  the  Department  of  Corrections,  the                                                                    
     Department  of Public  Safety, and  municipalities that                                                                    
     employ  a   person  as  a   police  officer  or   in  a                                                                    
     municipality   correctional  facility   to  adopt   and                                                                    
     publish regulations from section  7-10 from this Act by                                                                    
     January 1, 2024.                                                                                                           
                                                                                                                                
     Section 15:  Section 14 provides for  an effective date                                                                  
     under AS 01.10.070(c).                                                                                                     
                                                                                                                                
     Section 16: Except as provided  in section 15, this act                                                                  
     will be effective on July 1, 2023.                                                                                         
                                                                                                                                
4:21:24 PM                                                                                                                    
CHAIR KAWASAKI asked  if she knew of any departments  that do not                                                               
participate  in  the  use  of  force  registry  because  the  DPS                                                               
commissioner indicated that most departments do participate.                                                                    
                                                                                                                                
SENATOR GRAY-JACKSON said  most departments have a  policy to use                                                               
the registry  but she wanted  it statute so the  practice doesn't                                                               
change as leadership and policies change.                                                                                       
                                                                                                                                
4:22:29 PM                                                                                                                    
CHAIR KAWASAKI  opened public testimony  on SB 23;  finding none,                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
SENATOR CLAMAN said  he'd like DPS to articulate  its position on                                                               
the bill either in writing or at a subsequent hearing.                                                                          
                                                                                                                                
SENATOR  GRAY-JACKSON offered  her understanding  that the  chair                                                               
intended to  offer an  amendment on behalf  of the  Department of                                                               
Public Safety (DPS).                                                                                                            
                                                                                                                                
4:23:22 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:24:11 PM                                                                                                                  
CHAIR KAWASAKI reconvened the meeting.                                                                                          
                                                                                                                                
4:24:21 PM                                                                                                                    
SENATOR MERRICK read  the first sentence in  the second paragraph                                                               
of the DPS fiscal note.                                                                                                         
                                                                                                                                
     The  bill   requires  the  DPS  to   provide  a  report                                                                    
     detailing  the information  provided  by  the DPS,  the                                                                    
     DOC, and municipalities  to the FBI in  the prior year;                                                                    
     however,  this will  not  be possible  as  the DOC  and                                                                    
     municipal correctional  facilities are not  eligible to                                                                    
     submit use of force incidents to the FBI program.                                                                          
                                                                                                                                
She asked how the bill will be affected if these agencies aren't                                                                
eligible to submit the reports to the FBI program.                                                                              
                                                                                                                                
SENATOR GRAY-JACKSON said she couldn't answer the question.                                                                     
                                                                                                                                
CHAIR KAWASAKI asked the sponsor if she had any closing                                                                         
comments.                                                                                                                       
                                                                                                                                
SENATOR GRAY-JACKSON thanked the committee for hearing the bill.                                                                
                                                                                                                                
4:25:27 PM                                                                                                                    
CHAIR KAWASAKI held SB 23 in committee.