Legislature(2021 - 2022)BELTZ 105 (TSBldg)
05/04/2021 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB81 | |
| SB46 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 81 | TELECONFERENCED | |
| += | SB 46 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 46-LAW ENFORCEMENT: REGISTRY; USE OF FORCE
3:38:41 PM
CHAIR HUGHES 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 bill was first heard on 4/20/21.
3:39:47 PM
SENATOR GRAY-JACKSON, speaking as sponsor of SB 46, summarized
that the bill seeks to ensure accountability for police violence
by requiring the Department of Public Safety to create a
statewide use-of-force database. She said everybody deserves to
live in a world that provides equal protection and access to
resources needed to be healthy, safe, and free from harm. She
emphasized that information about a municipal police officer or
municipal correctional facility employee recorded in the
database is confidential and not subject to public disclosure.
CHAIR HUGHES announced invited testimony.
3:41:17 PM
MICHAEL GARVEY, Advocacy Director, ACLU of Alaska, Anchorage,
Alaska, thanked the sponsor for inviting him to testify on SB 46
and for introducing the "Turning Pain into Progress" suite of
police reform legislation. He described the package as a vital
step to address over-policing and excessive use of force that
disproportionately affect people of color. He stated that SB 46
will further the understanding of how law enforcement officers
use force in Alaska and help reduce the improper use of force.
He highlighted three important aspects of SB 46. First, the
database would capture data on uses of force by a variety of law
enforcement entities, not just officers on patrol. He said this
is important because Alaska has the second highest rate of
police killings in the U.S. Second, the database would capture
demographic and geographic data that will show the disparities
in uses of force. He noted that this information is currently
collected through independent reports, not on a statewide basis.
For example, a recent report from the Alaska Justice Information
Center (AJIC) indicated that Alaska Natives and Black people
were overrepresented in use-of-force incidents and most
incidents involved men. The report was based on a 10-year review
of Office of Special Prosecution records that pointed to the
need to routinely collect this information.
3:43:32 PM
MR. GARVEY advised that he proposed an amendment to Section 9 to
add disability status to the type of information collected about
people against whom force was used. He relayed that the AJIC
report found that in Alaska, more than two-thirds of incidents
involved a person who exhibited mental illness markers. Because
the Department of Corrections is one of the largest mental
health providers in the state, he said it is important to know
how law enforcement uses force on people with disabilities. It
is a matter of equal protection and will reveal when
intervention is necessary.
MR. GARVEY said the third important aspect of SB 46 is that it
will make the Department of Public Safety's report on use of
force public. To address privacy concerns, he said DPS should
collect, store, and make the data public in a manner that does
not reveal personal identifying information, including through
reverse identification. The data should also be reported in a
disaggregated way so as to understand how people who fit into
multiple categories experience use of force. He emphasized that
this data is vital for transparency and accountability. The data
alone cannot tell the whole story, but it can help reveal
problems that require change in policy or practice, he said.
This is squarely in the public interest.
He again thanked the sponsor for inviting him to testify on SB
46 and the committee for its work on this important subject.
3:45:39 PM
At ease
3:46:08 PM
CHAIR HUGHES reconvened the meeting and noted the sponsor had
follow-up remarks.
3:46:13 PM
SENATOR GRAY-JACKSON informed Mr. Garvey that she intended to
offer the amendment he suggested.
3:46:41 PM
CHAIR HUGHES opened public testimony on SB 46.
3:47:00 PM
MORGAN LIM, Advocate, Planned Parenthood Alliance Alaska,
Juneau, Alaska, stated support for SB 46 and reported that PPAA
stands with Black, indigenous, and people of color communities
as they demand change and seek to create safe and sustainable
communities. He spoke about achieving reproductive justice, the
right to raise children in a safe and healthy environment, and
that over-policing in Black and indigenous communities makes the
promise of reproductive freedom unattainable. He said PPAA
supports efforts to transform law enforcement and sees the
requirement to establish a statewide use-of-force database as an
important step towards ensuring police accountability and
transparency in Alaska.
MR. LIM cited the statistics that show Alaska ranks second in
the country for the highest rates of police killings and police
violence against Black and indigenous people. He said mandatory
reporting of incidents that involve deadly use of force and
collection of demographic details is critical to gain a full
picture of police behavior and address police violence. To
improve transparency, he said PPAA believes the public database
should be available on the DPS website both to view and to
export for analysis.
MR. LIM concluded that SB 46 is a simple and common-sense step
in the right direction because everyone deserves equal
protection and access to resources to be safe, healthy, and free
from harm.
3:49:35 PM
CHARLES MCKEE, representing self, Anchorage, Alaska, stated he
is licensed in the state as a holder in due course. He advised
that he submitted a four-page document titled "Declaration and
Affidavit of Fact and Truth" as part of his testimony. On page 3
it talks about the duty to respect lives, private property,
religious convictions, and that private property cannot be
confiscated.
He shared that he was on bail because $113,000 was confiscated
from his credit account under worker's compensation. This put
him in arrears with his landlord.
3:51:11 PM
CHAIR HUGHES asked if he had a position on SB 46.
3:51:15 PM
MR. MCKEE replied the bill has to include the declaration of
truth and fact. He mentioned the ability of public servants to
extract credit from somebody's account without their knowledge
or consent.
3:52:45 PM
CHAIR HUGHES thanked him for his comments and closed public
testimony on SB 46.
CHAIR HUGHES asked Mr. Griffiths for his comments and
perspective of Section 1 of the bill.
3:54:01 PM
ROBERT GRIFFITHS, Executive Director, Alaska Police Standards
Council, Juneau, Alaska, stated that Section 1 adds entirely new
authorities and duties to the council.
CHAIR HUGHES asked for a short explanation of the council's
duties.
MR. GRIFFITHS explained that the legislature charges the council
with setting hiring and training standards for police officers,
correctional officers, probation officers, and municipal
corrections officers. The council issues certifications to
officers who have met training standards and revokes
certifications from officers who no longer meet the standards.
CHAIR HUGHES asked if the council has training standards for use
of force.
MR. GRIFFITHS answered yes; it is part of the required training
at the law enforcement academy along with training about
constitutional rights.
CHAIR HUGHES asked if the council already maintains a registry
of certification revocations or denials.
3:56:00 PM
MR. GRIFFITHS answered yes and the list is public. He added that
most of the council's decisions are posted on the internet, and
they contribute to the National Decertification Index. That
information is shared with other participating states.
CHAIR HUGHES asked if it would be a problem to report that list
to the legislature each year.
MR. GRIFFITHS answered no; it would not be a problem.
CHAIR HUGHES referenced the requirement in subsection (e) of
Section 1 and asked if this would be a new requirement or if the
council already works with local police departments on
developing rules and policies to implement standards.
MR. GRIFFITHS answered that helping agencies develop guidelines
would be a new requirement, but the council has always been
available to provide advice and support upon request.
3:57:47 PM
SENATOR MYERS asked if the council had discussed the idea of a
database for use of force and deadly force through regulation.
MR. GRIFFITHS answered the council does not have the authority
to mandate that reporting, but the council is cognizant of the
national narrative and has discussed regulating the training
related to use of force and the duty to intervene. The council
is currently working through the regulatory process to adopt
clear regulations regarding unreasonable use of force and duty
for officers to intervene when they witness excessive use of
force.
SENATOR MYERS summarized that the council discussed the concept
but establishing a database was outside the council's authority.
CHAIR HUGHES referenced the requirement in Section 9 for DPS to
establish a statewide use-of-force database. She asked Ms.
Monfreda if DPS currently was collecting use-of-force data from
local police departments.
4:00:49 PM
KATHRYN MONFREDA, Director, Division of Statewide Services,
Department of Public Safety (DPS), Anchorage, Alaska, stated
that DPS serves as a portal for 17 local police departments to
report use-of-force data that is passed to the FBI. The FBI
publishes that data depending on the requirements from the
Office of Management and Budget.
4:01:40 PM
CHAIR HUGHES noted she said that 17 police departments report
and asked for the total number of local police departments.
MS. MONFREDA estimated the total was 35-40 but only 32 agencies
report uniform crime reporting (UCR) statistics.
CHAIR HUGHES asked if the department currently receives data
through the Village Public Safety Officer (VPSO) Program.
MS. MONFREDA answered that VPSOs do not report the data
directly; it comes through the trooper who works with the VPSO.
CHAIR HUGHES asked if she had any comments about Section 9 or if
she had communicated with local police departments about the
proposed database.
MS. MONFREDA said the information that is collected currently
has more data elements than SB 46 requires, but additional
fields would need to be added. For example, the bill requires
collection of the name of the officer but that is not required
in the national database.
CHAIR HUGHES asked if the department currently collects data on
age, race, gender, and sexual orientation of the officer or
employee and the person against who the use of force was used.
4:03:50 PM
MS. MONFREDA answered the department collects each of those data
points except for sexual orientation.
CHAIR HUGHES asked Lieutenant Olsen if he had any comment on
Section 9 of SB 46.
LIEUTENANT ERIC OLSEN, Deputy Commander, Division of Alaska
State Troopers, Department of Public Safety, Anchorage, Alaska,
said he did not have any comments.
4:04:19 PM
SENATOR WILSON asked Ms. Monfreda how the demographic
information is collected.
MS. MONFREDA replied users log in and add information to the
portal the FBI developed.
SENATOR WILSON asked if the demographic information for the
person against whom force was used is determined through a
questionnaire or an assumption by the officer.
MS. MONFREDA answered it is based on officer observations.
4:05:03 PM
CHAIR HUGHES asked if current practice and the requirements in
the bill only differ in the number of organizations that report
and collection of data about sexual orientation.
4:05:22 PM
MS. MONFREDA answered yes, but a major difference is the bill
does not provide a specific definition of use of force but the
definition of what is currently reported for the FBI database is
actual bodily injury or discharge of a firearm.
CHAIR HUGHES asked for the location in the bill and subsequently
noted the language on page 3, line 1:
(10) "deadly force" has the meaning given in AS
11.81.900(b).
She asked Ms. Monfreda if that was her reference.
4:06:55 PM
MS. MONFREDA answered that she was referencing the provision [in
Section 1] regarding the use of deadly force or the preparation
to use deadly force.
CHAIR HUGHES asked if that would go beyond the scope of what the
department currently collects.
MS. MONFREDA answer that is correct; it talks about the use of
deadly force but not just force.
CHAIR HUGHES asked how the FBI defines use of force.
MS. MONFREDA restated that it is causing severe bodily injury or
the discharge of a firearm.
4:07:59 PM
SENATOR MYERS asked if the department collects demographic
information such as the nationality or income class of the
victim.
MS. MONFREDA replied ethnicity is captured.
CHAIR HUGHES read the language on page 2, lines 2-3.
...an incident in which an officer used deadly force
or prepared to use deadly force against a person.
CHAIR HUGHES asked the committee to refer to the concerns voiced
by the Alaska Association of Chiefs of Police.
CHAIR HUGHES advised that questions or comments could be sent to
scra@akleg.gov.
4:09:55 PM
SENATOR GRAY-JACKSON thanked the committee for hearing the bill.
CHAIR HUGHES commented that the chair of the State Affairs
Committee was very interested in the bill.
4:10:34 PM
CHAIR HUGHES held SB 46 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 46 Support Letter- PPAA 4.29.21.pdf |
SCRA 5/4/2021 3:30:00 PM |
SB 46 |
| CSSB 81 Fiscal Note DPS-VPSO 5.3.21.pdf |
SCRA 5/4/2021 3:30:00 PM |
SB 81 |
| CSSB 81 Fiscal Note DPS-CJISP 5.3.21.pdf |
SCRA 5/4/2021 3:30:00 PM |
SB 81 |
| SB 46 Public Testimony Charles McKee.pdf |
SCRA 5/4/2021 3:30:00 PM |
SB 46 |