Alaska 2025-2026 Regular Session

Alaska Senate Bill SB42 Compare Versions

Only one version of the bill is available at this time.

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2	2	SB0042A -1- SB 42
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5	5	34-LS0080\A
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11	11	SENATE BILL NO. 42
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY SENATOR GRAY-JACKSON
18	18
19	19	Introduced: 1/17/25
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the duties of the Alaska Police Standards Council; relating to 1
28	28	municipal correctional officers and municipal correctional employees; making 2
29	29	municipal police officers subject to police standards; relating to the duties of the 3
30	30	Department of Public Safety; relating to reports of incidents of use of force by state and 4
31	31	municipal police, probation, parole, pretrial services, and correctional officers and 5
32	32	municipal correctional facility employees; and providing for an effective date." 6
33	33	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
34	34	* Section 1. AS 18.65.220 is amended by adding new subsections to read: 8
35	35	(b) The council shall make recommendations relating to and may adopt 9
36	36	regulations requiring a police officer, probation officer, parole officer, pretrial services 10
37	37	officer, municipal correctional officer, or correctional officer to report to a supervisor, 11
38	38	as soon as practicable, an incident in which an officer engaged in the use of force 12
39	39	against a person. 13 34-LS0080\A
40	40	SB 42 -2- SB0042A
41	41	New Text Underlined [DELETED TEXT BRACKETED]
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43	43	(c) The council shall maintain a central registry of the names of persons who 1
44	44	have had a certificate denied and the names of police officers, probation officers, 2
45	45	parole officers, pretrial services officers, municipal correctional officers, and 3
46	46	correctional officers who have had a certificate revoked under AS 18.65.240(c) or 4
47	47	18.65.245. The council may enter and maintain in the central registry information that 5
48	48	the council obtains from the Department of Public Safety, the Department of 6
49	49	Corrections, or a municipality about each officer who has had a certificate denied or 7
50	50	revoked. The central registry information shall include the reason for which each 8
51	51	officer's certificate was denied or revoked. The council shall adopt regulations to 9
52	52	ensure the appropriate circulation to law enforcement agencies of information 10
53	53	contained in the central registry. 11
54	54	(d) The council shall prepare a report detailing the central registry information 12
55	55	updates that have been entered in the preceding year and, not later than December 1 of 13
56	56	each year, submit the report to the senate secretary and the chief clerk of the house of 14
57	57	representatives and notify the legislature that the report is available. 15
58	58	(e) Upon request, the council shall assist a department, an agency, or a 16
59	59	municipality in developing rules based on recommendations or regulations adopted 17
60	60	under (b) of this section. 18
61	61	* Sec. 2. AS 18.65.285 is amended to read: 19
62	62	Sec. 18.65.285. Municipal correctional employees. A municipality that 20
63	63	employs persons in a municipal correctional facility shall [MAY, BY ORDINANCE,] 21
64	64	require that those persons meet the requirements of AS 18.65.130 - 18.65.290 that are 22
65	65	applicable to municipal correctional officers. 23
66	66	* Sec. 3. AS 18.65.290(6) is amended to read: 24
67	67	(6) "municipal correctional officer" means a person who is employed 25
68	68	full-time in a municipal correctional facility whose primary duty is to provide custody, 26
69	69	care, security, control, and discipline of persons charged or convicted of offenses or 27
70	70	held under authority of law; [AND THE MUNICIPALITY HAS ADOPTED AN 28
71	71	ORDINANCE UNDER AS 18.65.285 MAKING AS 18.65.130 - 18.65.290 29
72	72	APPLICABLE;] 30
73	73	* Sec. 4. AS 18.65.290 is amended by adding new paragraphs to read: 31 34-LS0080\A
74	74	SB0042A -3- SB 42
75	75	New Text Underlined [DELETED TEXT BRACKETED]
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77	77	(10) "pretrial services officer" means a person who performs the duties 1
78	78	assigned in AS 33.07; 2
79	79	(11) "serious physical injury" has the meaning given in 3
80	80	AS 11.81.900(b); 4
81	81	(12) "use of force" means force that causes a fatality or serious 5
82	82	physical injury or the discharge of a firearm at or in the direction of another person in 6
83	83	the course of an interaction between a police officer, probation officer, parole officer, 7
84	84	pretrial services officer, municipal correctional officer, or correctional officer and 8
85	85	another person. 9
86	86	* Sec. 5. AS 18.65.670(h) is amended to read: 10
87	87	(h) The commissioner may, in consultation with grant recipients, as provided 11
88	88	in (k) of this section, adopt regulations related to village public safety officers, 12
89	89	including establishing minimum standards and training, physical fitness requirements, 13
90	90	criteria for participation by a community, a municipality, an Alaska Native 14
91	91	organization, or a corporation, and the interaction between the department and village 15
92	92	public safety officers. If the commissioner adopts regulations regarding training for 16
93	93	village public safety officers, the training must be consistent with the standards in 17
94	94	AS 18.65.676 and disability training under AS 18.65.220(a)(3) [AS 18.65.220(3)]. 18
95	95	The commissioner of corrections may, in consultation with grant recipients, adopt 19
96	96	regulations related to the functions of village public safety officers providing pretrial, 20
97	97	probation, and parole supervision. 21
98	98	* Sec. 6. AS 18.65.676(a) is amended to read: 22
99	99	(a) A village public safety officer basic training program must provide 23
100	100	(1) a physical training program that includes instruction in physical 24
101	101	methods of arrest, use of batons, use of chemical defensive weapons, and electronic 25
102	102	control weapons; 26
103	103	(2) instruction in 27
104	104	(A) the state's criminal and procedural law; 28
105	105	(B) the state's criminal justice system; 29
106	106	(C) police procedures; 30
107	107	(D) disabilities training described under AS 18.65.220(a)(3) 31 34-LS0080\A
108	108	SB 42 -4- SB0042A
109	109	New Text Underlined [DELETED TEXT BRACKETED]
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111	111	[AS 18.65.220(3)]; 1
112	112	(E) domestic violence and sexual assault prevention and 2
113	113	response procedures; 3
114	114	(F) emergency trauma technician training; 4
115	115	(G) search and rescue training; 5
116	116	(H) rural fire protection specialist training. 6
117	117	* Sec. 7. AS 29.71 is amended by adding a new section to read: 7
118	118	Sec. 29.71.070. Reporting requirement for use of force. A municipality that 8
119	119	employs a person as a municipal police officer or in a municipal correctional facility 9
120	120	shall report to the Department of Public Safety, on a form prescribed by the 10
121	121	Department of Public Safety, each incident in which a municipal police officer or 11
122	122	municipal correctional facility employee engages in use of force as defined in 12
123	123	AS 18.65.290. 13
124	124	* Sec. 8. AS 44.28.020 is amended by adding new subsections to read: 14
125	125	(d) The department shall submit to the Department of Public Safety, on a form 15
126	126	prescribed by the Department of Public Safety, a report of each incident in which a 16
127	127	probation officer, parole officer, pretrial services officer, or correctional officer 17
128	128	engages in use of force as defined in AS 18.65.290. 18
129	129	(e) In this section, "department" means the Department of Corrections. 19
130	130	* Sec. 9. AS 44.41.020 is amended by adding a new subsection to read: 20
131	131	(l) The Department of Public Safety shall submit to the Federal Bureau of 21
132	132	Investigation a report of each incident in which a state trooper, village public safety 22
133	133	officer, or regional public safety officer engages in use of force as defined in 23
134	134	AS 18.65.290. 24
135	135	* Sec. 10. AS 44.41 is amended by adding a new section to read: 25
136	136	Sec. 44.41.055. Statewide reporting of use of force. (a) The Department of 26
137	137	Public Safety shall maintain a central repository of incidents of use of force in the 27
138	138	state. 28
139	139	(b) The Department of Public Safety shall report all incidents of use of force, 29
140	140	including qualifying incidents reported to the department by municipalities, to the 30
141	141	Federal Bureau of Investigation for inclusion in the Federal Bureau of Investigation's 31 34-LS0080\A
142	142	SB0042A -5- SB 42
143	143	New Text Underlined [DELETED TEXT BRACKETED]
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145	145	data collection program for the use of force. 1
146	146	(c) The Department of Public Safety shall prepare a report that summarizes the 2
147	147	information contained in the reports of use of force submitted by the Department of 3
148	148	Public Safety, the Department of Corrections, and municipalities during the preceding 4
149	149	fiscal year and, not later than December 1 of each year, submit the report to the senate 5
150	150	secretary and the chief clerk of the house of representatives and notify the legislature 6
151	151	that the report is available. 7
152	152	(d) In this section, "use of force" has the meaning given in AS 18.65.290. 8
153	153	* Sec. 11. AS 18.65.280(b) is repealed. 9
154	154	* Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 10
155	155	read: 11
156	156	APPLICABILITY. AS 18.65.285, as amended by sec. 2 of this Act, applies to 12
157	157	employment contracts entered into on or after the effective date of sec. 2 of this Act. 13
158	158	* Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 14
159	159	read: 15
160	160	TRANSITION: EMPLOYMENT. Each person who, on the effective date of sec. 11 of 16
161	161	this Act, is employed as a municipal correctional officer or municipal police officer by a 17
162	162	political subdivision with an established police training program that met the requirements for 18
163	163	exemption under former AS 18.65.280(b), repealed by sec. 11 of this Act, has one year from 19
164	164	the effective date of sec. 11 of this Act to comply with the requirements of AS 18.65.240. 20
165	165	* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 21
166	166	read: 22
167	167	TRANSITION: REGULATIONS. The Department of Corrections, the Department of 23
168	168	Public Safety, and a municipality that employs a person as a municipal police officer or in a 24
169	169	municipal correctional facility shall, by January 1, 2026, adopt regulations necessary to 25
170	170	implement secs. 7 - 10 of this Act. 26
171	171	* Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 27