HB 287 — An Act requiring background investigations of village public safety officer applicants by the Department of Public Safety; relating to the village public safety officer program; and providing for an effective date.

08The (3)Department toof theCommerce, extentCommunity, possible,and useEconomic consensualDevelopment mechanismsshall to05 developtimely 09disburse policiesgrant andfunds. regulations, including negotiated rulemaking processes;

10A (4)grant respectrecipient tribalmay sovereigntyuse infunding consultationsfor withitems grantreasonably recipients;06 related to public safety and village public safety officer duties under AS 18.65.670 - 07 18.65.686.

1108 (5)(l) The commissioner of public safety, commissioner of commerce, 09 community, and economic development, and commissioner of corrections shall 10 (1) ensure consultationsall relations with federally recognized tribal governments 11 that are direct grant recipients areor openthe andincorporator candidof toa 12nonprofit enableregional interestedcorporation parties12 toare accuratelyconducted assesson potentiala effects;government-to-government basis;

and 13 (6)(2) ensure the removalDepartment of proceduralPublic impedimentsSafety toand workingthe directlyDepartment of 14 Commerce, Community, and effectivelyEconomic Development consult with a grant recipientsrecipient on15 programs(A) before implementing a policy or regulation that affectaffects the governmental16 rightsrecipient 15and as early as possible in the development of a tribe.new or revised policy 17 or regulation;

1618 (l)(B) Theon commissioner of public safety and the commissionerstate ofpolicies commerce, 17 community, and economicregulations developmentthe shallgrant designaterecipient an19 officialconsiders withinnecessary, eachas 18well departmentas who has the primarysubstance responsibilityof forthe compliancepolicies withand thisregulations; section.

The20 19(3) officialto shallthe developextent andpossible, annuallyuse reviewconsensual departmentalmechanisms proceduresto fordevelop compliance21 20policies withand thisregulations, section.including negotiated rulemaking processes;

The22 Department(4) ofrespect Commerce,tribal Community,sovereignty andin Economicconsultations 21with Development and the Department of Public Safety shall provide to all grant recipientsrecipients; 22 the results of the annual review and post the results on the Internet websites of the 23 Department of Public Safety and the Department of Commerce, Community, and 24 Economic Development.

2523 *(5) Sec.ensure consultations with grant recipients are open and candid to 24 enable interested parties to accurately assess potential effects;

and 25 (6) ensure the removal of procedural impediments to working directly 26 and effectively with grant recipients on programs that affect the governmental rights 27 of a tribe.

28 (m) The commissioner of public safety and the commissioner of commerce, 29 community, and economic development shall designate an official within each 30 department who has the primary responsibility for compliance with this section.

The 31 official shall develop and annually review departmental procedures for compliance with this section.

The Department of Commerce, Community, and Economic 02 Development and the Department of Public Safety shall provide to all grant recipients 03 the results of the annual review and post the results on the Internet websites of the 04 Department of Public Safety and the Department of Commerce, Community, and 05 Economic Development.

06 * Sec.

2607 Sec.

(a) A grant 2708 recipient may employ a person as a village public safety officer if the individual 2809 (1) is at least 21 years of age;

2910 (2) is a citizen of the United States or a resident alien;

3011 (3) has obtained a high school diploma or a general education 3112 development diploma or its equivalent;

13 (4) satisfies the physical requirements established in regulation by the 0214 Department of Public Safety;

0315 (5) has not been previously convicted 0416 (A) of a felony crime against a person under AS 11.41;

0517 (B) of a sexfelony offensecrime, asother definedthan ina ASfelony 12.63.100;under (A) of this 18 paragraph, unless at least 10 years have passed since the date of the conviction;

0619 (C) of a felonymisdemeanor crime,crime otherinvolving thandomestic aviolence felony20 under (A) or (B) of 07 this paragraph, unless at least 10 years have passed since the date of the 08conviction; conviction and the Department of Public Safety grants a waiver allowing the 09 individual to access the criminal justice information system;

1021 (D) of a misdemeanor crimeif involvingless domesticthan violencefive 11 unless at least 10 years havehas passedelapsed since 22 the individual's date of the conviction andfor the 12offense; Department of Public Safety grants a waiver allowing the individual to access 13 the criminal justice information system;

1423 (E) three or more times of a24 (i) misdemeanor ifoperating lessa thanvehicle, fiveaircraft, yearsor has25 elapsedwatercraft sincewhile 15under the individual'sinfluence date of convictionan foralcoholic thebeverage, offense;inhalant, 26 or controlled substance under AS 28.35.030;

1627 (F)(ii) twomisdemeanor orrefusal moreto timessubmit ofto 17 (i) misdemeanor operating a vehicle,chemical aircraft,test or28 18 watercraft while under the influence of an alcoholic beverage, inhalant, 19 or controlled substance under AS 28.35.030;28.35.032;

20or (ii)29 misdemeanor(iii) refusala tocombination submitof tothe aoffenses chemicalin test(i) 21and under(ii) ASof 28.35.032;this 30 subparagraph;

31 (F) of manufacturing, transporting, or 22delivering (iii)an aalcoholic combinationbeverage in violation of thea offenseslocal inoption (i)under andAS (ii)04.11 ofor thisa 23municipal subparagraph;02 ordinance or a controlled substance, unless at least 10 years has elapsed;

24or 03 (G) of manufacturing,use transporting,of ora deliveringcontrolled ansubstance alcoholicas 25defined beverage in violation04 of a local option under AS 04.1111.71.900, orother athan municipalmarijuana, 26if ordinanceless orthan a10 controlledyears substance,has unlesselapsed atsince leastthe 1005 yearsindividual's hasuse; elapsed;

or06 27(6) (H)has ofnot possessionbeen ofdenied a controlledvillage substancepublic assafety definedofficer incertification 28or AS07 11.71.900,had othera thancertification marijuana,revoked; if less than 10 years has elapsed since the 29 individual's use;

30and (6)08 (7) has not been denied a villagepolice publicofficer safetycertification, officerhad a certification or09 31revoked, hador surrendered a certification revoked;in this state or another jurisdiction.

and10 (7)(b) hasA grant recipient may not beenuse deniedgrant money to employ a policevillage officerpublic certification,11 hadsafety officer for a certificationperiod 02of revoked,more orthan surrendered24 months unless the officer obtains a certificationvillage in12 thispublic statesafety orofficer anothercertificate jurisdiction.from the Department of Public Safety under 13 AS 18.65.682.

03Upon (b)written Aapplication from a grant recipientrecipient, maythe notDepartment useof grant14 moneyPublic Safety may, in its discretion, extend this period up to employsix amonths villageto publicpermit 04the safety15 officer forto acomplete periodthe oftraining morerequired thanunder 24AS months18.65.676, unlessif the officer obtainsis aunable villageto 0516 publicdo safetyso officerin certificatethe fromfirst the24 Departmentmonths of Publicemployment Safetybecause underof 06an ASillness, 18.65.682.injury, or 17 emergency.

Upon18 written(c) applicationIn fromthis asection, grant"previously recipient,convicted" themeans Departmenthaving been convicted of 07a Public19 Safetycrime may,described in its(a) discretion,of extend this periodsection upor toa sixlaw monthsor toordinance permitof theanother 08jurisdiction officerwith to20 completeelements thesimilar trainingto required under AS 18.65.676, if the officercrimes islisted unable to 09 do so in the(a) first 24 months of employmentthis becausesection. of an illness, injury, or 10 emergency.

11A (c)conviction Infor thiswhich section,the "previously21 convicted"person meansreceived havinga beensuspended convictedentry of ajudgment, 12suspended crimeimposition describedof insentence, (a)22 ofexpungement, thisor sectionpardon oris a lawconviction orfor ordinancepurposes of anotherthis jurisdictionsection, withunless 13the elements23 similarconviction towas for a misdemeanor crime committed by the crimesindividual listedwhen inthe (a)24 ofindividual thiswas section.under 21 years of age.

A25 convictionSec. for which the 14 person received a suspended entry of judgment, suspended imposition of sentence, 15 expungement, or pardon is a conviction for purposes of this section, unless the 16 conviction was for a misdemeanor crime committed by the individual when the 17 individual was under 21 years of age.

18 Sec.

(a) Before employing an 1926 individual as a village public safety officer, a grant recipient shall 2027 (1) submit to the commissioner of publiccommerce, safetycommunity, and 28 economic development the individual's 2129 (A) completed application and personal and medical history, on 2230 forms prepared by the Departmentdepartment; of Public Safety;

2331 (B) proof of age, citizenship status, and education;

and 24 (C) fingerprints, the fees required by the Department of Public 2502 Safety under AS 12.62.160 for criminal justice information and a national 2603 criminal history record check, and other information sufficient to complete a 2704 background check consisting of a fingerprint check of national criminal 2805 records and criminal records of the state or states in which the individual has 2906 resided for the past 10 years;

the commissioner shall submit the fingerprints 07 and fees to the Department of Public Safety shallfor conduct a 30report of criminal justice 08 information under AS 12.62 and a national criminal history record check under 3109 AS 12.62;12.62.400;

10 (2) review the criminal justice information and national criminal 0211 history record check completed by the Department of Public Safety;

and 0312 (3) review the results of the individual's physical examination and 0413 physician certification.

0514 (b) Personnel and training information that the Department of Commerce, 15 Community, and Economic Development, the Department of Public SafetySafety, or 06 a grant 16 recipient receives about a village public safety officer is confidential and 07 available 17 only for review by a grant recipient, Department of Commerce, Community, and 18 Economic Development, the Department of Public Safety, or that 08 officer.

A village 19 public safety officer or an individual who applies for employment as 09 a village public 20 safety officer may not review information that another individual 10 supplied with the 21 understanding that the information or its source would remain 11 confidential, unless the 22 information serves as the basis for a decision to deny or revoke 12 a certificate under 23 AS 18.65.684.

1324 Sec.

(a) A village public safety officer basic training 1425 program must provide 1526 (1) a physical training program that includes instruction in physical 1627 methods of arrest, use of batons, use of chemical defensive weapons, and electronic 1728 control weapons;

1829 (2) at least 826 hours of instruction as follows:

1930 (A) 650 hours of instruction in 2031 (i) Alaska criminal and procedural law;

21 (ii) the Alaska criminal justice system;

2202 (iii) police procedures;

2303 (iv) disabilities under AS 18.65.220(3);

2404 (v)(B) domestic40 violencehours andof sexualemergency assaulttrauma preventiontechnician andtraining; 25 response procedures;

and05 26(C) (B)40 176 hours of instructionsearch inand 27rescue (i) emergency trauma technician training;

28and (ii)06 search(D) and96 rescuehours training;of rural fire protection specialist training.

2907 (iii)(b) ruralAn fireindividual protectionseeking specialistvillage training.public safety officer certification under 08 AS 18.65.682 shall attend all sessions of the basic training required under (a) of this 09 section, unless the director of the training program approves an absence.

30 (b) An individual seeking10 villagewho publicis safetyabsent officerfor certificationmore underthan 3110 ASpercent 18.65.682 shall attend all sessions of the basictotal traininghours required under (a) of thisinstruction section,has unlessnot the11 directorsuccessfully ofcompleted thebasic trainingtraining. program approves an absence.

12 (c) An individual 02 who isfails absentto forcomply morewith thanthe 10attendance percentand ofperformance the13 totalrequirements hours of instructionthe hastraining notprogram 03may successfullybe completeddismissed basicfrom the training.

04The (c)14 AnDepartment individualof whoPublic failsSafety tomay complynot withconsider thea attendancedismissed andindividual performanceto 05have requirements15 ofsuccessfully thecompleted trainingbasic program may be dismissed from the training.

The16 06(d) If a village public safety officer receives training that the Department of 17 Public Safety maydid not considerprovide and the entity conducting the training provides a dismissed18 individualdescription of the training to havethe 07department, successfullythe completeddepartment may take that training 19 into account in determining the completion of basic training.training and accept other police 20 officer or firefighter training and experience that equals or exceeds the hours and 21 covers the subject matter required under (a) of this section.

0822 (d)Sec. If a village public safety officer receives training that the Department of 09 Public Safety did not provide and the entity conducting the training provides a 10 description of the training to the department, the department may take that training 11 into account in determining the completion of basic training and accept other police 12 officer or firefighter training and experience that equals or exceeds the hours and 13 covers the subject matter required under (a) of this section.

14 Sec.

(a) A village public safety officer may not, 1523 except in an emergency, carry a firearm in the performance of the officer's duties until 1624 the officer has successfully completed 1725 (1) a basic firearms training program that is certified by the Alaska 1826 Police Standards Council or substantially similar training as determined by the 1927 Department of Public Safety;

2028 (2) a psychological examination conducted by a mental health 2129 professional;

and 2230 (3) all annual firearm qualification requirements.

2331 (b) In determining the successful completion of basic firearms training, the 24 Department of Public Safety may consider previous training and experience that is 2502 substantially similar to the training required under (a) of this section.

2603 Sec.

The Department of 2704 Public Safety shall issue a village public safety officer certificate to an individual who 2805 (1) has satisfactorily completed 12 months as a full-time paid village 2906 public safety officer without a break in service longer than 90 consecutive days or 3007 nonconsecutive breaks in service totaling 120 or more days;

3108 (2) meets the standards in AS 18.65.672;

09 (3) has successfully completed 0210 (A) a basic training program that meets the requirements under 0311 AS 18.65.676;

and 0412 (B) a background information check under AS 18.65.674(a);

0513 and 0614 (4) attests to the law enforcement code of ethics.

0715 Sec.

(a) The 0816 Department of Public Safety may deny an individual's application for a village public 0917 safety officer certificate or revoke a village public safety officer certificate in 1018 accordance with AS 44.62 (Administrative Procedure Act) if 1119 (1) the individual knowingly makes a false statement in an application 1220 or other document required for employment or certification;

or 1321 (2) after the date of hire, has 1422 (A) been convicted of a 1523 (i) felony;

1624 (ii) misdemeanor crime involving domestic violence;

or 1725 (iii) misdemeanor crime of dishonesty, a crime that 1826 resulted in serious physical injury to another person, or of operating a 1927 vehicle, aircraft, or watercraft while under the influence of an alcoholic 2028 beverage, inhalant, or controlled substance two or more times;

2129 (B) illegally used, possessed, manufactured, transported, or 2230 delivered an alcoholic beverage in violation of a local option under AS 04.11 2331 or a municipal ordinance or a controlled substance;

or 24 (C) used, sold, cultivated, transported, manufactured, or 2502 distributed marijuana.

2603 (b) The commissioner of public safety is not required to deny an individual's 2704 application for certification or revoke a certification if the individual or holder of the 2805 certificate establishes by clear and convincing evidence that, in connection with a 2906 conviction for a misdemeanor crime involving domestic violence, the individual or 3007 holder of the certificate 3108 (1) was not represented by counsel and did not, by guilty plea or 09 otherwise, knowingly waive the right to counsel;

0210 (2) was entitled to a jury trial, did not receive a jury trial, and did not, 0311 by guilty plea or otherwise, knowingly waive the right to a jury trial;

or 0412 (3) is not subject to a court order that expressly prohibits the officer 0513 from shipping, transporting, possessing, or receiving firearms, and the underlying 0614 conviction 0715 (A) has been expunged or set aside;

0816 (B) is for an offense for which the officer has been pardoned;

0917 or 1018 (C) is for an offense for which the officer has had civil rights 1119 restored that were lost upon the conviction.

1220 (c) The holder of a certificate shall immediately return the certificate to the 1321 Department of Public Safety upon notification of the revocation.

1422 (d) An individual who is denied a certificate or a holder whose certificate is 1523 revoked may appeal to the commissioner of public safety for reversal of the denial or 1624 revocation.

The appeal must be received in writing within 30 days after the date of the 1725 notice of denial or revocation and must set out the reasons for the appeal.

The 1826 commissioner of public safety or the commissioner's designee shall issue a written 1927 decision within 45 days after receipt of the appeal.

2028 (e) A certificate lapses if the holder is not employed as a full-time village 2129 public safety officer for a period of 12 consecutive months.

2230 (f) An individual may request reinstatement of a lapsed certificate after 2331 undergoing additional training as determined by the Department of Public Safety and 24 serving an additional probationary period of up to 12 months, at the discretion of the 2502 commissioner of public safety in consultation with the grant recipient.

A certificate 2603 that lapses for more than 10 years may not be reinstated.

2704 Sec.

Powers and duties of village public safety officers.

A village 28 public safety officer who is certified under AS 18.65.682 has the power of a peace 29 officer of the state or a municipality and is charged with 30 (1) the protection of life and property in the state, including through 31 (A) fire prevention and suppression;

(B) provision of emergency medical services;

and 02 (C) participation in and coordination of search and rescue 03 efforts for missing or injured persons;

04 (2) providing probation and parole supervision to persons under 05 supervision by communicating with and monitoring the activities and progress of these 06 persons at the direction of probation and parole officers;

07 (3) conducting investigations;

08 (4) enforcing 09 (A) the criminal laws of the state or a municipality;

10 (B) statutes or ordinances of the state or municipality 11 punishable as a violation if the certified village public safety officer has 12 completed training in that field of violation enforcement;

13 (5) providing local training programs on public safety;

and 14 (6) the powers usually and customarily exercised by a peace officer.

15 Sec.

18.65.688.

In AS 18.65.670 - 18.65.688,18.65.686, 1605 (1) "Alaska Native organization" means an organization listed in 1706 AS 47.27.070(a);

1807 (2) "crime involving domestic violence" has the meaning given in 1908 AS 18.66.990;

2009 (3) "for cause" means for inefficiency, incompetency, dishonesty, or 2110 some other reason that adversely affects the ability and fitness of the village public 2211 safety officer to perform job duties;

2312 (4) "marijuana" has the meaning given in AS 11.71.900;

2413 (5) "village" means a community with a population less than 2,5002,000 2514 based on the most recent federal census.

2615 * Sec.

2716 (45) administer the village public safety officer grant program under 2817 AS 18.65.670 through grant application review, compliance monitoring, and 2918 consultation and mediation of disputes between grant recipients.

3019 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 3120 read:

21 TRANSITION.

Notwithstanding the requirements in AS 18.65.672 and 18.65.676, 0222 enacted by sec.

4 of this Act, a person employed as a village public safety officer on the day 0323 before the effective date of sec.

4 of this Act may continue to be employed as a village public 0424 safety officer without meeting the requirements.

0525 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 0626 read:

0727 TRANSITION.

In implementing AS 18.65.670(h),18.65.670(i), added by sec.

3 of this Act, the 0828 Department of Public Safety shall continue to comply with regulations adopted under 0929 AS 18.65.670(c) regarding interactions between the Department of Public Safety and the 1030 village public safety officers.

1131 * Sec.

AS 18.65.670(b) - (g),(h), as repealed and reenacted by sec.

3 of this Act, take effect 12 July 1, 2020.

1302 * Sec.

8 of this Act, this Act takes effect immediately under 1403 AS 01.10.070(c).