Legislature(2023 - 2024)BUTROVICH 205

02/22/2023 01:30 PM Senate JUDICIARY

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Audio Topic
01:32:30 PM Start
01:33:05 PM Presentation: Alaska Police Policy Project
01:59:52 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor’s Appointees: Alaska TELECONFERENCED
Police Standards Council
Bryan Barlow – Anchorage
-- Invited & Public Testimony --
<Above Item Removed from Agenda>
+ Presentation: Proposal for Alaska-specific TELECONFERENCED
Police Policy Manual by
Chief Steve Dutra, President, Alaska
Association of Chiefs of Police
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 22, 2023                                                                                        
                           1:32 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Matt Claman, Chair                                                                                                      
Senator James Kaufman                                                                                                           
Senator Löki Tobin                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Cathy Giessel                                                                                                           
Senator Jesse Kiehl, Vice Chair                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION: ALASKA POLICE POLICY PROJECT                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHIEF STEVE DUTRA, President                                                                                                    
Alaska Association of Chiefs of Police                                                                                          
North Pole, Alaska                                                                                                              
POSITION STATEMENT: Provided the Alaska Police Policy Project                                                                 
presentation.                                                                                                                   
                                                                                                                                
CHIEF ED MERCER, Vice President                                                                                                 
Alaska Association of Chiefs of Police                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided the Alaska Police Policy Project                                                                 
presentation.                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:30 PM                                                                                                                    
CHAIR MATT CLAMAN called the  Senate Judiciary Standing Committee                                                             
meeting to order  at 1:32 p.m. Present at the  call to order were                                                               
Senators Kaufman, Giessel, Tobin, Kiehl and Chair Claman.                                                                       
                                                                                                                                
^PRESENTATION: Alaska Police Policy Project                                                                                     
           PRESENTATION: Alaska Police Policy Project                                                                       
                                                                                                                                
1:33:05 PM                                                                                                                    
CHAIR  CLAMAN announced  the consideration  of the  Alaska Police                                                               
Policy Project presentation.                                                                                                    
                                                                                                                                
1:33:42 PM                                                                                                                    
CHIEF  STEVE DUTRA,  President, Alaska  Association of  Chiefs of                                                               
Police, North Pole, Alaska, introduced himself.                                                                                 
                                                                                                                                
1:33:48 PM                                                                                                                    
CHIEF ED MERCER, Vice President,  Alaska Association of Chiefs of                                                               
Police, Juneau, Alaska, introduced himself.                                                                                     
                                                                                                                                
CHIEF  DUTRA began  with the  presentation titled,  Alaska Police                                                               
Policy Project. He  remarked that the project  partnered with the                                                               
Alaska Municipal League. He began with slide 2, "What is it."                                                                   
                                                                                                                                
   • It is a way to ensure fair, equitable, safe,                                                                               
          consistent access to policies for ALL police                                                                          
       departments at a price small villages, cities, and                                                                       
     communities can afford.                                                                                                    
                                                                                                                                
   • It is a way to help safeguard the civil liberties of                                                                       
     Alaskan citizens.                                                                                                          
                                                                                                                                
   • It is a way to help pave the course to accreditation                                                                       
     for all police departments in Alaska.                                                                                      
                                                                                                                                
   • It is a way for everyone to play a part in best                                                                            
     policing practices.                                                                                                        
                                                                                                                                
1:36:20 PM                                                                                                                    
CHIEF DUTRA continued with slide 3, "Why do we need it?"                                                                        
                                                                                                                                
     IT IS TIME!                                                                                                                
                                                                                                                                
     Accountability, Public trust, Standards, & Training.                                                                       
                                                                                                                                
     CONSISTENCY!                                                                                                               
                                                                                                                                
     Liability reduction for everyone!                                                                                          
                                                                                                                                
1:37:21 PM                                                                                                                    
CHIEF DUTRA continued with slide 4, "Benefits to Alaska."                                                                       
                                                                                                                                
     60 ~ PLUS AGENCIES                                                                                                         
          Approximately 38 police agencies                                                                                      
          Approximately 30 villages                                                                                             
                                                                                                                                
     ACCREDITATION                                                                                                              
          Currently only 2 (Kenai, Juneau)                                                                                      
                                                                                                                                
     REDUCE LIABILITY                                                                                                           
          Less mistakes less liability, saving Alaskans                                                                         
          across                                                                                                                
          the state in all communities.                                                                                         
                                                                                                                                
     No Guarantee how many will use.                                                                                            
     Allow all agencies access to model policies                                                                                
     Save Lives                                                                                                                 
                                                                                                                                
1:38:32 PM                                                                                                                    
CHAIR  CLAMAN  asked about  Kenai  and  Juneau  as the  only  two                                                               
accredited  communities.  He  wondered   why  Anchorage  was  not                                                               
listed.                                                                                                                         
                                                                                                                                
CHIEF  MERCER responded  that Anchorage  is  not accredited.  The                                                               
communities listed  are accurate. Juneau was  first accredited in                                                               
2009.  He   explained  that  Juneau,  Kenai   and  Soldotna  were                                                               
accredited through  the Oregon  Accreditation Alliance  (OAA). He                                                               
added that  the Anchorage Airport Police  were accredited through                                                               
the  Commission on  Accreditation  for  Law Enforcement  Agencies                                                               
(CALEA).  He   explained  that  CALEA  offered   police  agencies                                                               
national and international accreditation.                                                                                       
                                                                                                                                
1:40:01 PM                                                                                                                    
CHIEF  DUTRA   moved  to   slide  5,  "Why   do  we   care  about                                                               
accreditation?"                                                                                                                 
                                                                                                                                
     1.Increased Community Advocacy                                                                                             
     2.Support from government                                                                                                  
     3.Defense against lawsuits                                                                                                 
     4.Reduce Risk and Liability Exposure                                                                                       
     5.Greater Accountability                                                                                                   
                                                                                                                                
1:42:02 PM                                                                                                                    
SENATOR TOBIN  requested examples  of the OAA  accreditation. She                                                               
asked to view  the document highlighted on slide  5 more closely.                                                               
She requested a  larger copy of the document  titled  Benefits of                                                               
Participation in CALEA Accreditation, shown on slide 5.                                                                         
                                                                                                                                
1:42:53 PM                                                                                                                    
CHIEF  MERCER agreed  to provide  the document  to the  committee                                                               
chairs office.                                                                                                                  
                                                                                                                                
1:44:40 PM                                                                                                                    
SENATOR  TOBIN   queried  policy   creation.  She   wondered  who                                                               
evaluated  the policies  for implicit  or subconscious  bias. She                                                               
asked  how  policies  are  responding  to  the  unique  needs  of                                                               
different populations,  surmising that Oregon  communities differ                                                               
greatly from Alaska communities.                                                                                                
                                                                                                                                
CHIEF  MERCER replied  that OAA  had  105 standards  to meet  for                                                               
accreditation.  He  explained  that   policies  are  created  for                                                               
individual communities  considering their unique needs.  He spoke                                                               
to  the  value  of  community   involvement  when  screening  for                                                               
implicit bias.  He acknowledged that  the state was in  the early                                                               
stages  of  exploration  related  to  accreditation  and  uniform                                                               
policy for all law enforcement officers.                                                                                        
                                                                                                                                
SENATOR TOBIN experienced difficulty  hearing Chief Mercer due to                                                               
audio difficulties over  teleconference. She requested additional                                                               
information about  the intersectionality between  law enforcement                                                               
in different  parts of  Alaska. She  asked about  differing rules                                                               
for tribal  government and law  enforcement. She spoke  about the                                                               
unique nature of Alaska.                                                                                                        
                                                                                                                                
CHIEF  DUTRA   replied  that  the  policies   differed  from  the                                                               
procedures.  The  policies  are  objective  and  consistent.  The                                                               
procedures can vary from community to community.                                                                                
                                                                                                                                
1:46:06 PM                                                                                                                    
CHIEF DUTRA moved to slide 6, "Project Phases."                                                                                 
                                                                                                                                
      The Policy Project is the first step in a multi-year                                                                    
     project that will:                                                                                                       
                                                                                                                              
          1. Create a Statewide police policy manual.                                                                           
          2. Start the implementation phase.                                                                                    
          3. Training phase.                                                                                                    
          4. Accreditation phase (optional)                                                                                     
          5. Ongoing monthly training and updates.                                                                              
                                                                                                                                
1:47:58 PM                                                                                                                    
CHAIR  CLAMAN asked  about the  proposed multi-year  project                                                                    
and  its   timeline.  Audio  difficulties   observed  during                                                                    
transcription, Chair  Claman offered technical  solutions to                                                                    
the audio issue.                                                                                                                
                                                                                                                                
CHIEF  DUTRA  replied  that  he would  report  back  to  the                                                                    
legislature about the project timeline.                                                                                         
                                                                                                                                
CHIEF  DUTRA   moved  to  slide  7,   "Proven  Results."  He                                                                    
explained that the data were taken from Lexipol.                                                                                
                                                                                                                                
     Pre and Post-implementation Comparison:                                                                                  
                                                                                                                                
     After  implementing  Lexipol,  member  law  enforcement                                                                    
     agencies   experienced  a   48  percent   reduction  in                                                                    
     severity of  claims paid out  and 45  percent reduction                                                                    
     in  frequency   of  litigated  claims.   Agencies  that                                                                    
     implemented   Lexipol   also   had  no   personnel   or                                                                    
     employment claims in the 5-year study period.                                                                              
                                                                                                                                
     Lexipol vs Non-Lexipol Agency Comparison                                                                                 
                                                                                                                                
     Member   law  enforcement   agencies  using   Lexipols                                                                     
     policies and  daily training incurred 67  percent lower                                                                    
     costs and had  37 percent fewer claims  than those that                                                                    
     did not.                                                                                                                   
                                                                                                                                
1:49:34 PM                                                                                                                    
CHIEF DUTRA moved to slide  8 depicting snapshots of lawsuit                                                                    
news articles  related to  paid settlements.  He highlighted                                                                    
the  significant  settlements,  which  he  opined  could  be                                                                    
prevented with good policies.                                                                                                   
                                                                                                                                
1:50:14 PM                                                                                                                    
CHIEF DUTRA continued with slide 9, "Why State Money."                                                                          
                                                                                                                                
        • Initial policy draft costs too much for any one                                                                       
          group to bear.                                                                                                        
        • Small villages, towns and cities can't afford the                                                                     
          steep costs for startup.                                                                                              
        • Policy benefits ALL Alaskans and those who visit                                                                      
          us.                                                                                                                   
        • Inexpensive way to help maintain policing                                                                             
          standards across the entire state.                                                                                    
             o Cannot affect policing on such a grand scale                                                                     
               as something of this magnitude.                                                                                  
                                                                                                                                
1:51:51 PM                                                                                                                    
CHIEF  DUTRA  MOVED  TO SLIDE  10,  "Agencies  using  policy                                                                    
services." The graph depicted  various agencies using policy                                                                    
services   from  Lexipol.   Standardized  policies   provide                                                                    
consistency among different state agencies.                                                                                     
                                                                                                                                
1:52:27 PM                                                                                                                    
CHIEF  DUTRA   continued  with   slide  11,   "Example  Cost                                                                    
Breakdown." The  spreadsheet lists anticipated  costs broken                                                                    
down by Alaska agencies. Prices  increase with the number of                                                                    
sworn officers  in an agency.  Funding from  the legislature                                                                    
will  reduce   program  implementation  and   policy  manual                                                                    
development costs.                                                                                                              
                                                                                                                                
1:53:38 PM                                                                                                                    
SENATOR  TOBIN asked  about the  ongoing subscription  cost.                                                                    
She assumed that the policy  manual is routinely revised and                                                                    
updated.                                                                                                                        
                                                                                                                                
CHIEF  DUTRA  concurred  that  the  policy  manual  will  be                                                                    
updated monthly with national standards.                                                                                        
                                                                                                                                
CHAIR CLAMAN queried the policy  manual price shown in slide                                                                    
11. He wondered if the  amount depicted in the column titled                                                                    
 Pricing  Manual  Only    included  the  subscription  price                                                                    
allocated  to  each  department  after  the  state  provided                                                                    
capital  funding of  $550 thousand  for  development of  the                                                                    
original policy manual.                                                                                                         
                                                                                                                                
CHIEF DUTRA replied yes.                                                                                                        
                                                                                                                                
CHAIR CLAMAN referred  to slide 11 assuming  that the column                                                                    
titled,    List  Price   for  Full   Implementation  (Manual                                                                    
Development)    showed  the   department  share   with  full                                                                    
implementation,  while the  column  listed,  Pricing  Manual                                                                    
Only displays the annual fee.                                                                                                   
                                                                                                                                
CHIEF DUTRA replied that the  estimates will be revised with                                                                    
the approval of legislative funding.                                                                                            
                                                                                                                                
1:55:07 PM                                                                                                                    
CHIEF DUTRA  moved to slide 12,  "How Much is This  Going to                                                                    
Cost."                                                                                                                          
                                                                                                                                
                                                                                                                                
     Legislative request = $550,000.00                                                                                          
                                                                                                                                
        Estimate for project completion = $1,250,000.00                                                                         
     approx.                                                                                                                    
                                                                                                                                
     Future Legislative costs = $0                                                                                              
                                                                                                                                
         All active participants will bear the cost of                                                                          
     participating based on size of community.                                                                                  
         (Project estimates based on 70% participation)                                                                         
                                                                                                                                
1:56:13 PM                                                                                                                    
SENATOR  KAUFMAN  asked  about  slide 11  and  the  agencies                                                                    
listed.   He  wondered   what  percentage   of  Alaska   law                                                                    
enforcement was represented on the  slides  first column. He                                                                    
asked about communities absent from the list.                                                                                   
                                                                                                                                
1:56:56 PM                                                                                                                    
CHIEF  DUTRA responded  that Juneau  and  Anchorage are  not                                                                    
listed  on slide  11s  agency  name column.  He acknowledged                                                                    
that some  communities were omitted  with the cut  and paste                                                                    
slide  preparation as  the  document was  too  long for  the                                                                    
presentation  slide.  He  expected  many of  the  small  and                                                                    
medium-sized agencies  to elect to participate.  He remarked                                                                    
that agency participation was optional.  He assumed that the                                                                    
Department  of   Public  Safety   (DPS)  would   decline  to                                                                    
participate.                                                                                                                    
                                                                                                                                
1:57:52 PM                                                                                                                    
SENATOR  KAUFMAN  asked  for   an  inventory  of  the  total                                                                    
agencies  interested.  He  requested a  more  accurate  cost                                                                    
breakdown.                                                                                                                      
                                                                                                                                
CHAIR  CLAMAN asked  about coordination  between the  Alaska                                                                    
Association of Chiefs  of Police and DPS  for development of                                                                    
a  policy  manual. He  mentioned  that  the Alaska  Troopers                                                                    
Academy  provides  training  for the  smaller  agencies.  He                                                                    
suggested   coordination  between   the  state   agency  and                                                                    
Alaska's law enforcement management.                                                                                            
                                                                                                                                
1:59:00 PM                                                                                                                    
CHIEF  DUTRA   agreed  with  Senator  Claman.   He  reported                                                                    
speaking  with the  DPS commissioner  who expressed  support                                                                    
for  the  project.  He  hoped   that  the  department  would                                                                    
contribute a position to a project working group.                                                                               
                                                                                                                                
CHAIR CLAMAN  appreciated the  presentation. He  believed it                                                                    
brought  valuable   information  to  the  committee   as  it                                                                    
involves a capital budget request.                                                                                              
                                                                                                                                
1:59:52 PM                                                                                                                    
There being no further business to come before the                                                                              
committee, Chair Claman adjourned the Senate Judiciary                                                                          
Standing Committee meeting at 1:59 PM.                                                                                          

Document Name Date/Time Subjects
Alaska Police Policy Project Presentation to Senate Judiciary 2.23.2023.pdf SJUD 2/22/2023 1:30:00 PM