Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/18/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB46 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 46 | TELECONFERENCED | |
| += | SB 136 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 46-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
3:44:10 PM
CHAIR HUGHES reconvened the meeting and announced the
consideration of SENATE BILL NO. 46, "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;
establishing a statewide use-of-force database in the Department
of Public Safety; 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 for inclusion in the database 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."
She noted the proposed committee substitute (CS).
3:44:40 PM
SENATOR MYERS moved to adopt the committee substitute (CS) for
SB 46, work order 32-LS0366\I, as the working document.
3:44:53 PM
CHAIR HUGHES objected for discussion purposes.
3:45:03 PM
DAWSON MANN, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, read the summary of changes from
version A to version I for SB 46. The document read as follows:
Title Changes: The following has been removed from the
title in order to conform to changes.
• "Establishing a statewide use-of-force database
in the Department of Public Safety; 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 for inclusion in
the database 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."
Title Changes: The following has been added to the
title in order to conform to changes.
• "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."
Sec. 1 AS 18.65.220 Page 1, Lines 11-12, Page 2
Lines 1-21
This section is amended to state that the council
shall make recommendations regarding reports of use of
force which may be adopted as regulations.
This section is also amended to require that the
central registry of information include the reason for
denial or revocation of an officer's certificate.
Sec. 6 AS 29.71 Page 3, Lines 18-22
This section is amended to require a municipality to
submit reports of use of force by municipal officers
and correctional employees to the Federal Bureau of
Investigation.
Sec. 7 AS 44.28.020 Page 3, Lines 23-26
This section is amended to require the Department of
Corrections to submit reports of use of force by
probation officers, parole officers, and correctional
officers to the Federal Bureau of Investigation.
Sec. 8 AS 44.41.020 Page 3, Lines 27-30
This section is amended to require the Department of
Public Safety to submit reports of use of force by
state troopers, village public safety officers, and
regional public safety officers to the Federal Bureau
of Investigation.
Sec. 9 AS 44.41.055 Page 3, Line 31, Page 4, Lines
1-6
This section is amended to remove the original
statewide use of force data base and instead require
the Department of Public Safety to submit an annual
report to the legislature based on the information
contained in the use of force reports provided by the
Department of Public Safety, the Department of
Corrections, and municipalities to the Federal Bureau
of Investigation database.
Sec. 15 Page 4, Line 29
This is amended to establish the effective date as
st
July 1, 2022.
3:45:57 PM
SENATOR WILSON joined the committee meeting.
3:47:15 PM
SENATOR GRAY-JACKSON asked to hear what the Department of Public
Safety thinks about the changes.
3:47:37 PM
CHAIR HUGHES removed her objection. Finding no further
objection, version I was adopted.
CHAIR HUGHES explained she had the CS drafted to respond to the
Alaska Association of Chiefs of Police letter of objection. Out
of respect for their work statewide, she wanted to heed their
suggestions and provide an opportunity over the interim to work
through some of the issues with the sponsor. She described the
CS as a softer approach. The Police Standards Council would make
recommendations rather than requiring law enforcement agencies
adopt regulations. Rather than the department creating a
database, the CS uses the existing FBI portal for law
enforcement agencies to input data, including use of force, but
with modifications that Ms. Monfreda would describe. She
reiterated that the CS was a work in progress but she would like
to move the bill to the State Affairs Committee where the work
can continue next session and after the sponsor has had the
opportunity to work with the Association of Chiefs of Police
over the interim.
She asked the sponsor if she had any comment.
3:50:03 PM
SENATOR GRAY-JACKSON thanked the chair for her efforts to move
the bill forward and for mentioning she intended to meet with
public safety officers statewide throughout the summer so her
suite of police reforms could move forward amicably.
3:51:06 PM
KATHRYN MONFREDA, Director, Statewide Services, Department of
Public Safety (DPS) Department of Public Safety, Anchorage,
Alaska, stated DPS currently is not able to get reports from the
FBI database. A solution is to purchase a module that includes
all the data elements currently required for the FBI use of
force database. The module allows reports to be pulled and the
information to be submitted to the FBI.
3:52:04 PM
SENATOR GRAY-JACKSON asked whether the department had funding
for the module.
3:52:19 PM
MS. MONFREDA answered the department is working to identify a
funding source for the module.
CHAIR HUGHES asked the sponsor if she had an amendment to offer.
3:52:55 PM
SENATOR GRAY-JACKSON answered the amendment she had intended to
offer was no longer relevant because of the committee
substitute.
CHAIR HUGHES asked if she had any closing remarks.
SENATOR GRAY-JACKSON stated SB 46 would complement the database
the Department of Public Safety is already using by adding
statistics on use of force incidents. She said this bill is
needed and she looks forward to it becoming state law.
3:53:41 PM
CHAIR HUGHES solicited the will of the committee.
3:53:52 PM
SENATOR MYERS moved to report SB 46, work order 32-LS0366\I,
from committee with individual recommendations and attached
fiscal note(s).
3:54:09 PM
CHAIR HUGHES found no objection and CSSB 46(CRA) was reported
from the Senate Community and Regional Affairs Standing
Committee.
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