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.