The proposed bill seeks to enhance the Office of Independent Investigations by granting it the authority to prosecute criminal conduct related to police use of deadly force, alongside its existing jurisdiction. It establishes concurrent authority with county prosecuting attorneys for investigating and prosecuting such cases, including appeals and post-conviction relief. The bill delineates financial responsibilities, stating that the office will cover expert witness fees and prosecution costs, while counties will handle court administration and public defense costs. Additionally, it outlines procedures for determining which prosecuting authority will manage cases when multiple entities are involved.
Key provisions of the bill include the introduction of an independent prosecutor, appointed by the director, who will have final decision-making authority on hiring, filing charges, and litigating cases. The independent prosecutor must meet specific criteria, including a clean disciplinary record. The legislation mandates public reporting when charges are declined after reviewing fatal use of deadly force investigations. Furthermore, the bill emphasizes diversity in hiring, mandates relevant experience for investigators, and establishes training requirements on issues like racism in policing. The advisory board overseeing the office will expand from 11 to 13 members, enhancing representation from impacted families and diverse communities, while clarifying the office's jurisdiction over investigations and prosecutions of deadly force incidents involving law enforcement officers.
Statutes affected: Original Bill: 9A.04.110, 43.102.030, 43.102.050, 43.102.060, 43.102.080, 43.102.130, 43.10.090