SB 81 — 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.

(C) of a misdemeanor crime involving domestic violence unless at least 10 years have passed since the date of the conviction, the conviction was not for an offense against an intimate partner, spouse, child, or parent, and the Departmentdepartment of Public Safety grants a waiver allowing the individual to access the criminal justice information system;

(D) of a misdemeanor if less than five years hashave elapsed since the individual's date of conviction for the offense;

(ii) misdemeanor refusal to submit to a chemical test -7- Enrolled SB 81 under AS 28.35.032;

(F) of manufacturing, transporting, or delivering an alcoholic beverage in violation of a local option under AS 04.11 or a municipal ordinance or a controlled substance, unless at least 10 years hashave elapsed;

SB 81 -8- SB0081A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0362\A (b) A grant recipient may not use grant money to employ a village public safety officer for a period of more than 24 months unless the officer obtains a village public safety officer certificate from the Departmentdepartment of Public Safety under AS 18.65.682.

Upon written application from a grant recipient, the Departmentdepartment of Public Safety may, in its discretion, extend this period up to six months to permit the officer to complete the training required under AS 18.65.676, if the officer is unable to do so in the first 24 months of employment because of an illness, injury, or emergency.

(2) "previously convicted" means having been convicted of a crime described in (a) of this section or a law or ordinance of another jurisdiction with elements similar to the crimes listed in (a) of this section.section;

Aa conviction for which the person received a suspended entry of judgment, suspended imposition of sentence, Enrolled SB 81 -8- expungement, or pardon is a conviction for purposes of this section, unless the conviction was for a misdemeanor crime committed by the individual when the individual was under 21 years of age.

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

and (C) fingerprints, the fees required by the Departmentdepartment of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal SB0081A -9- SB 81 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0362\A records and criminal records of the state or states in which the individual has resided for the past 10 years;

the Departmentdepartment of Public Safety shall conduct a criminal justice information and national criminal history record check under AS 12.62;

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

(b) Personnel and training information that the Departmentdepartment of Public Safety or a grant recipient receives about a village public safety officer is confidential and available only for review by a grant recipient, the Departmentdepartment, of Public Safety, or that officer.

(a) A village public safety officer basic training program must provide (1) a physical training program that includes instruction in physical methods of arrest, use of batons, use of chemical defensive weapons, and electronic -9- Enrolled SB 81 control weapons;

(2) atinstruction leastin 826(A) hoursthe ofstate's instructioncriminal asand follows:procedural law;

(A)(B) 650the hoursstate's of instruction in (i) Alaska criminal andjustice proceduralsystem; law;

(ii)(C) thepolice Alaskaprocedures; criminal justice system;

(iii)(D) policedisabilities procedures;training described under AS 18.65.220(3);

(iv)(E) disabilitiesdomestic underviolence ASand 18.65.220(3);sexual assault prevention and response procedures;

(v)(F) domesticemergency violencetrauma andtechnician sexualtraining; assault prevention and response procedures;

and(G) (B)search 176and hoursrescue of instruction in (i) emergency trauma technician training;

SB(H) 81rural -10-fire SB0081Aprotection Newspecialist Texttraining. Underlined [DELETED TEXT BRACKETED] 32-LS0362\A (ii) search and rescue training;

(iii) rural fire protection specialist training.

The Departmentdepartment of Public Safety may not consider a dismissed individual to have successfully completed basic training.

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

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

Enrolled SB 81 -10- (2) a psychological examination conducted by a mental health professional;

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

The Departmentdepartment of Public Safety shall issue a village public safety officer certificate to an individual who SB0081A -11- SB 81 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0362\A (1) has satisfactorily completed 12 months as a full-time paid village public safety officer without a break in service longer than 90 consecutive days or nonconsecutive breaks in service totaling 120 or more days;

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

or (iii)(iii)misdemeanor misdemeanor crime of dishonesty, a crime that resulted in serious physical injury to another person, or of operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic -11- Enrolled SB 81 beverage, inhalant, or controlled substance two or more times;

(b) The commissionerdepartment of public safety is not required to deny an individual's application for a certificate or revoke a certificate if the individual or holder of the SB 81 -12- SB0081A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0362\A certificate establishes by clear and convincing evidence that, in connection with a conviction for a misdemeanor crime involving domestic violence, the individualunderlying orconviction holder of the certificate (1) washas notbeen representedexpunged by counsel and did not, by guilty plea or otherwise,set knowinglyaside; waive the right to counsel;

(2) wasis entitledfor toan aoffense juryfor trial,which did not receive a jury trial, and did not, by guilty plea or otherwise, knowingly waive the rightofficer tohas abeen jurypardoned; trial;

or (3) is notfor subjectan tooffense afor courtwhich order that expressly prohibits the officer fromhas shipping,had transporting,civil possessing,rights orrestored receivingthat firearms,were andlost upon the underlyingconviction. conviction (A) has been expunged or set aside;

(B)(c) isThe forholder anof offensea forcertificate whichshall immediately return the officercertificate hasto beenthe pardoned;department upon notification of the revocation.

or(d) (C)An individual who is fordenied ana offensecertificate foror whicha theholder officerwhose hascertificate hadis civilrevoked ritsmay restoredappeal thatto werethe lostcommissioner uponfor reversal of the conviction.denial or revocation.

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

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

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

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

A village SB0081A -13- SB 81 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0362\A public safety officer who is certified under AS 18.65.682 has the power of a peace Enrolled SB 81 -12- officer of the state or a municipality and is charged with (1) the protection of life and property in the state, including through (A) fire prevention and suppression;

(2) "crime"commissioner" involvingmeans domestic violence" has the meaningcommissioner givenof inpublic ASsafety; 18.66.990;

(3) "marijuana""crime involving domestic violence" has the meaning given in AS 11.71.900;18.66.990;

(4) "village""department" means a community with a population less than 2,500 based on the mostDepartment recentof federalPublic census.Safety;

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

(6) "village" means a community with a population less than 2,500 based on the most recent federal census.

ASThe 44.33.020(a)uncodified law of the State of Alaska is amended by adding a new paragraphsection to read:

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

* Sec.

6.

The uncodified law of the State of Alaska is amended by adding a new section to SB 81 -14- SB0081A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0362\A read:

4 of this Act, a person employed as a village public safety officer on the day -13- Enrolled SB 81 before the effective date of sec.

7.6.

8.7.

3 of this Act, take effect July 1, 2021.2022.

9.8.

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

SB0081AEnrolled -15- SB 81 New-14- Text Underlined [DELETED TEXT BRACKETED]