SB 2-PEACE OFFICERS: DE-ESCALATION, MISCONDUCT  4:37:41 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 2 "An Act relating to reporting acts of misconduct by peace officers; relating to de- escalation procedures used by peace officers; relating to peace officer certificates; and relating to the Alaska Police Standards Council." He listed the individuals who were available to answer questions and provide invited testimony. 4:38:10 PM SENATOR ELVI GRAY JACKSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 2, read the following introductory statement for SB 27 into the record: [Original punctuation provided.] First, I would like to thank the hard-working men and women peace officers and office staff who provide the services that protect lives and welfare of the people within Alaska's communities. Thank you all for your service. The recent casualties surrounding civilians has drawn even greater attention to issues around policing and police to community relationships. This moment seems to have created real momentum to address one of the longest standing injustices in society. During last summer and into the Fall, my office - along with Senator Begich's office - worked together to develop a series of bills. These bills were drafted by Legislative Legal as a bill packet that our offices refer to as TPIP- Turning Pain into Progress. TPIP was crafted after the national 8 Can't Wait campaign which is eight specific policies that have been proven, with data, to reduce police violence by as much as 72 percent, when implemented. I recognize that the national campaign can't and shouldn't be applied to a place as unique as Alaska. Therefore, I spent a great deal of time talking to stakeholders and gaining input throughout the process of drafting these bills to ensure that the proposal would be fitting for Alaska. I am pleased to say that I have engaged public safety agencies to include the Anchorage Police Department, Anchorage Police Employees Association, Public Safety Employees Association, and the National Organization of Black Law Enforcement Executives during the process. Because of my proactive approach, I am confident in moving forward with the implementation of public safety policy changes that will benefit both the citizens of Alaska and our law enforcement officers. 4:40:11 PM SENATOR GRAY-JACKSON read the following sponsor statement for SB 27 into the record: [Original punctuation provided.] The vast majority of law enforcement officers in this country perform their difficult duties daily with respect to their communities and in compliance with the law. There are, after all, incidents in which this is not the case. Police misconduct can include, among other things, excessive force, failure to intervene when an officer sees another officer not following protocol or practicing safety measures. These above issues portray the need for additional training specifically for police officers, probation officers, parole officers, municipal correctional officers, or correctional officers. SB2 seeks to mandate training around de-escalation and the duty to intervene as an officer. Additionally, this bill would set new parameters around de- certification, denial and revocation of certificates. 4:41:14 PM KEITH BAUGUESS, Staff, Senator Elvi Gray-Jackson, Alaska State Legislature, Juneau, Alaska, paraphrased the following sectional analysis for SB 2: [Original punctuation provided.] Section 1. This section amends AS 18.65.220, the statute regarding the powers of the Alaska Police Standards Council by adding a new subsection. It would adopt regulations that require a police officer, probation officer, parole officer, municipal correctional officer, or correctional officer to de- escalate an encounter with a person who resists or responds aggressively to officer contact or arrest by using nondeadly or less lethal means before using deadly force, if de-escalation is safe to attempt. It would also require such officers listed to intervene when the officer knows, or reasonably should know, that another officer is engaged in an act of misconduct, unless the officer cannot intervene safely. That officer also is to immediately report to a supervisor the incident involving another officer engaged in an act of misconduct. Section 2. This section amends AS 18.65.240(a) the statute regarding Alaska Police Standards Council Standards, setting forth that a person may not be appointed as a police officer, except on a probationary basis, based on completing training regarding domestic violence, and sexual assault, and having the qualifications established for employment. The Council shall prescribe the means of presenting evidence of fulfillment of these requirements. Section 3. This section amends AS 18.65.240(c) to deny or revoke the certificate of a police officer who does not meet the standards or who fails to comply with the regulations adopted under AS 18.65.220(b)(1)-(3), or who has been the subject of a substantiated report of an incident involving misconduct filed in accordance with AS 18.65.220(b)(3). 4:43:05 PM Section 4. This section amends AS 18.65.242(b), the statute regarding standards for municipal correctional, probation, and parole officers, to set a [training] requirement for certification. Conforming language is reflected in section 2 of this bill. Section 5. This section amends AS 18.65.245, the statute pertaining to denial or revocation of certificate of municipal correctional, correctional, probation, or parole officer with conforming language that reflects section 3 of this bill. Section 6. This section amends AS 18.65.280(b), the statute regarding Alaska Police Standards Council exceptions to set requirements for police training programs. Section 7. This section amends AS 18.65.670(c), the statute regarding village public safety officer program. Specifically, it sets requirement for training subjects with conforming language that reflects section 6. 4:44:16 PM CHAIR SHOWER expressed support for including improvements to the VPSO program in the bill. He said he was interested in hearing what officers think about the bill. He asked if the members had questions for Robert Griffiths or Colonel Barlow. SENATOR HOLLAND asked for a short statement from each of the individuals on their perspective of the bill. 4:47:20 PM ROBERT GRIFFITHS, Executive Director, Alaska Police Standards Council, Juneau, Alaska, stated that SB 2 reflects many of the concerns about performance and training standards for officers in the state that APSC is addressing in a new regulatory package. The council is ready to embrace this type of change and has no major concerns with the bill. CHAIR SHOWER asked Colonel Barlow to comment on the balance between giving police officers leeway and not putting them in harm's way unnecessarily and "throwing the book" at officers who do not follow the rules. 4:50:25 PM COLONEL BRYAN BARLOW, Director, Alaska State Troopers, Department of Public Safety (DPS), Anchorage, Alaska, stated that the department provides public safety training for troopers and police officers at the academy in Sitka that incorporates the mindset of de-escalation and intervening when excessive use of force is observed. Blocks of training are devoted to professional police communication, critical incident intervention, and multiple scenario-based training exercises. In the latter, the role players are evaluated and rated in each scenario, all of which have a de-escalation or intervention component. COLONEL BARLOW explained that after troopers complete more than 1,000 hours of training at the public safety academy, they are involved in a months-long field training and evaluation program where a training officer evaluates de-escalation techniques and use of force. Following that training, the recruits are on probationary status. COLONEL BARLOW said the department takes de-escalation and professionalism in service and communication with the public very seriously. Officers are expected to hold themselves to a high standard and policies require troopers to intervene and report if excessive use of force is observed. CHAIR SHOWER asked if he had any specific comments on or concerns with the bill. COLONEL BARLOW replied the department has no big issues with SB 2 at this time. 4:54:28 PM SENATOR COSTELLO advised that Senator Kawasaki was online, but his audio was not working. He sent a message asking how frequently officers take refresher training on de-escalation and specifically when an academy graduate takes the refresher training. MR. GRIFFTHS answered that current regulations do not require annual or biannual recertification in de-escalation training. Each individual department addresses that topic currently, but next week APSC will consider a package of regulation change. These include mandatory refresher training for all officers in the state every year to maintain certification in de-escalation, constitutional rights and other topics. CHAIR SHOWER noted that Senator Kawasaki showed on the board, but his audio was muted. 4:57:16 PM CHAIR SHOWER opened public testimony on SB 2. 4:57:55 PM MIKE COONS, representing self, Palmer, Alaska, stated that he strongly opposes SB 2 in addition to SB 1, SB 4, SB 7, and SB 46. He maintained that these bills are what Black Lives Matter is trying to do, which is to create a new socialist-approved police force. The bill is more harassment of law enforcement. 4:59:40 PM KATIE BOTZ, representing self, Juneau, Alaska, stated support for SB 2. She cited a case last August where a police officer escalated a domestic dispute. She said she was concerned about the level of training the officer went through. She offered her belief that there should be stricter rules and policies, so officers do not misjudge and mistreat people on scene. She asked the committee to strengthen the bill and hold police officers accountable. 5:02:00 PM CELEST HODGE-GROWDEN, President and CEO, Alaska Black Caucus, Anchorage, Alaska, said the Alaska Black Caucus is a nonprofit organization that champions the lives of Black people in the areas of health, economics, education, and justice. She stated strong support for both SB 2 and SB 3 and urged the committee to support de-escalation bills. She said policing practices must build community trust and foster collaboration to protect public safety and all citizens. This legislation is a positive step toward bridging the gap between law enforcement and all citizens, including Black and indigenous people of color. 5:03:31 PM LILIANE ULUKIVAOLA, representing self, Anchorage, Alaska, said she supports SB 2 because law enforcement needs more training and to be held accountable for their actions. She recounted a situation where law enforcement was called to de-escalate a situation with a suicidal person, but the officers ridiculed the individual. 5:05:10 PM KAREN MALCOLM-SMITH, David Dylan Foundation, Anchorage, Alaska, stated strong support for SB 2. She related a personal story where officers acted with no compassion when she was suicidal. She declined a trip to the hospital and the officers put her in handcuffs and used what she believes was excessive force to put her in the back of the squad car. She said the officers were young and appeared to be untrained. 5:07:32 PM MAXINE DOOGAN, Community United for Safety and Protection (CUSP), Fairbanks, Alaska, stated that CUSO is an ally for current and former sex workers and is urging the committee to support both SB 2 and SB 3. These bills codify important public safety measures so there is no arbitrary enforcement between jurisdictions, and the public will be clear about the expectations. 5:08:42 PM MICHAEL PATTERSON, Party for Socialism and Liberation Anchorage (PSL), Anchorage, Alaska, stated that PSL held demonstrations in Anchorage last summer and had conversations with thousands of Alaskans about their personal interactions with the police. It was disheartening to hear many people describe how police treated them with violence and aggression when they were experiencing a mental health crisis. This escalated the situation. Thus, PSL Anchorage supports SB 2 and SB 3 to codify standards for police officers. MR. PATERSON related a personal encounter with Anchorage Police Department (APD) officers when he was age 15. He described this and other interactions with law enforcement in Alaska as "pretty bad" and said SB 2 is a modest and necessary first step to modernize Alaska's public safety laws. 5:10:19 PM JULIE SMYTH, representing self, Fairbanks, Alaska, advised that she is an Inupiaq from Fairbanks who entered the foster care system because of police brutality against her dad. Family members and others have also talked about how the police treat her people and the differences in treatment between a female and a male. She said she has called the Alaska State Troopers several times asking for help as recommended by the Interior Alaska Center for Nonviolent Living and the troopers did not follow through. She said it is almost taboo for people in her community to call police because there is so much mistrust. She urged the committee to do the research to see how bills like SB 2 and SB 3 have helped communities. She suggested the language in SB 2 could be even stronger and require officers to prove that their life was in danger when they opted to use deadly force. She pointed out that per capita, Alaska is the second worst state in the nation for police brutality against Alaska Natives and Blacks. SB 2 is a step in the right direction. 5:13:38 PM CHAIR SHOWER closed public testimony on SB 2 and held the bill in committee.