SB 46 — An Act relating to the Alaska Police Standards Council; relating to municipal correctional officers and municipal correctional employees; making municipal police officers subject to police standards; establishing a statewide use-of-force database in the Department of Public Safety; requiring a municipality that employs a person as a municipal police officer or in a municipal correctional facility, the Department of Corrections, or the Department of Public Safety to report for inclusion in the database 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.

32-LS0366\I32-LS0366\A CS FOR SENATE BILL NO.

46(CRA)46 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THESENATORS SENATEGRAY-JACKSON, COMMUNITYBegich ANDIntroduced: REGIONAL AFFAIRS COMMITTEE Referred:

State1/25/21 Affairs,Referred: Finance Sponsor(s):

SENATORSCommunity GRAY-JACKSON,& BegichRegional Affairs, State Affairs, Finance A BILL FOR AN ACT ENTITLED "An Act relating to the Alaska Police Standards Council;

requiringestablishing the Department of Public Safety to submit a yearlystatewide use-of-force reportdatabase toin the legislature;Department of Public Safety;

requiring a municipality that employs a person as a municipal police officer or in a municipal correctional facility, the Department of Corrections, or the Department of Public Safety to report tofor theinclusion Federalin Bureauthe ofdatabase Investigation incidents of use of force by state and municipal police, probation, parole, and correctional officers and municipal correctional facility employees;

(b) The council shall makeadopt recommendationsregulations relatingrequiring toa andpolice mayofficer, adoptprobation SB0046BSB0046A -1- CSSBSB 46(CRA)46 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\I32-LS0366\A regulations requiring a police officer, probation officer, parole officer, municipal correctional officer, or correctional officer to report to a supervisor, as soon as practicable, an incident in which an officer used deadly force or prepared to use deadly force against a person.

The central registry information shall include the reason for which each officer's certificate was denied or revoked.

(e) Upon request, the council shall assist a department, an agency, or a municipality in developing rules basedthat oncomply recommendationswith or regulations adopted under (b) of this section.

[AND THE MUNICIPALITY HAS ADOPTED AN CSSB 46(CRA) -2- SB0046B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\I ORDINANCE UNDER AS 18.65.285 MAKING AS 18.65.130 - 18.65.290 APPLICABLE;] * Sec.

SB 46 -2- SB0046A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\A (10) "deadly force" has the meaning given in AS 11.81.900(b).

A municipality that employs a person as a municipal police officer or in a municipal correctional facility shall reportsubmit to the FederalDepartment Bureau of InvestigationPublic Safety for inclusion in the statewide use-of- force database established under AS 44.41.055 a report of each incident in which a municipal police officer or municipal correctional facility employee uses force against a person.

The report must include the information required under AS 44.41.055(b).

(d) The department shall submit to the FederalDepartment Bureau of InvestigationPublic Safety for inclusion in the statewide use-of-force database established under AS 44.41.055 a report of each incident in which a probation officer, parole officer, or correctional officer uses force against a person.

The report must include the information required under AS 44.41.055(b).

(h) The Department of Public Safety shall submit to the Federalstatewide Bureauuse-of-force ofdatabase Investigationestablished under AS 44.41.055 a report of each incident in which a state trooper, village public safety officer, or regional public safety officer uses force SB0046A -3- SB 46 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\A against a person.

The report must include the information required under AS 44.41.055(b).

SB0046B -3- CSSB 46(CRA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\I Sec.

Statewide use-of-force report.database.

The(a) DepartmentTo ofsupport Publiccriminal Safetyjustice shallservices preparein a report detailing the informationstate, contained in reports that the Department of Public Safety,Safety theshall Departmentestablish ofa Corrections,statewide anduse-of-force municipalitiesdatabase. submitted to the Federal Bureau of Investigation in the preceding year regarding the use of force and submit the report to the chief clerk of the house of representatives and the senate secretary not later than December 1 of each year.

(b) The Department of Public Safety shall collect reports of use of force by a municipal police officer or municipal correctional facility employee submitted by a municipality under AS 29.71.070, by a probation officer, parole officer, or correctional officer submitted by the Department of Corrections under AS 44.28.020(d), and by a state trooper, village public safety officer, or regional public safety officer submitted by the Department of Public Safety under AS 44.41.020(h) and record in the database each incident in which force was used, including the (1) age and race of the (A) person against whom force was used;

and (B) officer or employee who used force against that person;

(2) sexual orientation and gender identity, if voluntarily provided, of the (A) person against whom force was used;

and (B) officer or employee who used force against that person;

(3) name of the officer or employee who used force against a person;

(4) borough or census area in which the use of force occurred;

and (5) type of force that was used.

(c) Information about a municipal police officer or municipal correctional facility employee recorded in the database under (b)(1)(B), (b)(2)(B), (b)(3), and (b)(4) of this section is confidential and not subject to public disclosure.

However, the Department of Public Safety shall provide the information to a municipality or law enforcement agency for employment purposes.

(d) The Department of Public Safety shall prepare a report detailing the information contained in the database reports that have been entered in the preceding SB 46 -4- SB0046A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\A year and submit the report to the chief clerk of the house of representatives and the senate secretary not later than December 1 of each year.

(e) In this section, (1) "gender identity" means having or being perceived as having a gender, self-image, appearance, or behavior, regardless of whether that gender, self- image, appearance, or behavior is different from that traditionally associated with the sex assigned to that person at birth;

(2) "law enforcement agency" means a public agency that performs as one of its principal functions an activity relating to crime prevention, control, or reduction or relating to the enforcement of the criminal law;

"law enforcement agency" does not include a court;

(3) "sexual orientation" means heterosexuality, homosexuality, and bisexuality.

The regulations take effect under AS 44.62 (Administrative Procedure Act), but not SB0046A -5- SB 46 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0366\A before the effective date of secs.

The Department of Corrections, the Department of Public Safety, and municipalities shall adopt and publish these regulations by January 1, 2023.2022.

14 of this Act, this Act takes effect July 1, 2022.2021.

CSSBSB 46(CRA)46 -4--6- SB0046BSB0046A New Text Underlined [DELETED TEXT BRACKETED]