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HOUSE BILL NO. 25
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE SULLIVAN-LEONARD
Introduced: 2/20/19
Referred: Community and Regional Affairs, Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the Alaska Police Standards Council; relating to the definition of
2 'peace officer'; and relating to private police organizations."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 11.81.900(b)(46) is amended to read:
5 (46) "peace officer" means a public servant or employee of a private
6 police organization vested by law with a duty to maintain public order or to make
7 arrests, whether the duty extends to all offenses or is limited to a specific class of
8 offenses or offenders;
9 * Sec. 2. AS 11.81.900(b) is amended by adding a new paragraph to read:
10 (68) "private police organization" means a private organization that
11 (A) is authorized by the Alaska Police Standards Council under
12 AS 18.65.350; and
13 (B) employs private police officers vested by law with a duty to
14 maintain order or make arrests, whether the duty extends to all offenses or is
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1 limited to a specific class of offenses or offenders.
2 * Sec. 3. AS 18.65.220 is amended to read:
3 Sec. 18.65.220. Powers. The council has the power to
4 (1) adopt regulations for the administration of AS 18.65.130 -
5 18.65.290;
6 (2) establish minimum standards for employment as a police officer,
7 probation officer, parole officer, municipal correctional officer, and correctional
8 officer in a permanent or probationary position and certify persons to be qualified as
9 police officers, probation officers, parole officers, municipal correctional officers, and
10 correctional officers under AS 18.65.130 - 18.65.290;
11 (3) establish minimum criminal justice curriculum requirements for
12 basic, specialized, and in-service courses and programs for schools operated by or for
13 the state or a political subdivision of the state for the specific purpose of training
14 police recruits, police officers, probation officers, parole officers, municipal
15 correctional officers, and correctional officers; the curriculum requirements
16 established under this paragraph must include training in
17 (A) recognizing persons with disabilities;
18 (B) appropriate interactions with persons with disabilities;
19 (C) resources available to persons with disabilities and to those
20 interacting with persons with disabilities; and
21 (D) the requirements of 42 U.S.C. 12131 - 12165 (Title II of
22 the Americans with Disabilities Act of 1990);
23 (4) consult and cooperate with municipalities, agencies of the state,
24 other governmental agencies, universities, colleges, and other institutions concerning
25 the development of police officer, probation officer, parole officer, municipal
26 correctional officer, and correctional officer training schools and programs of criminal
27 justice instruction;
28 (5) employ an administrator and other persons necessary to carry out
29 its duties under AS 18.65.130 - 18.65.290;
30 (6) investigate when there is reason to believe that a police officer,
31 probation officer, parole officer, municipal correctional officer, or correctional officer
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1 does not meet the minimum standards for employment; in connection with the
2 investigation, the council may subpoena persons, books, records, or documents related
3 to the investigation and require answers in writing under oath to questions asked by
4 the council or the administrator;
5 (7) charge and collect a fee of $50 for processing applications for
6 certification of police, probation, parole, municipal correctional, and correctional
7 officers;
8 (8) require a state and national criminal history record check for an
9 applicant to a training program established in AS 18.65.230 and for a person to be
10 certified as a police officer under AS 18.65.240 if that person's prospective employer
11 does not have access to a criminal justice information system;
12 (9) authorize a private police organization under AS 18.65.350;
13 (10) establish accreditation standards for private police
14 organizations under AS 18.65.350 that are consistent with AS 18.65.130 -
15 18.65.290;
16 (11) issue a certificate to an applicant who is an employee of a
17 private police organization and who
18 (A) has satisfactorily completed a
19 (i) basic program of police training approved under
20 AS 18.65.240(a)(1); or
21 (ii) program or course of instruction in another
22 jurisdiction equivalent in content and quality to that required
23 under AS 18.65.240; and
24 (B) possesses the other qualifications established by the
25 Alaska Police Standards Council for the employment of police officers
26 under AS 18.65.240(a)(2).
27 * Sec. 4. AS 18.65.290 is amended by adding a new paragraph to read:
28 (10) "private police organization" has the meaning given in
29 AS 11.81.900(b).
30 * Sec. 5. AS 18.65 is amended by adding new sections to read:
31 Article 4A. Private Police Organizations.
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1 Sec. 18.65.350. Private police organizations. (a) The Alaska Police Standards
2 Council shall authorize a person to establish a private police organization if
3 (1) the majority owner of the organization is or was formerly a peace
4 officer in any state;
5 (2) the majority owner is a state resident and has lived in the state for
6 at least the last 10 years; and
7 (3) the person agrees to adhere to the accreditation standards set by the
8 council and other applicable federal and state law.
9 (b) The Alaska Police Standards Council shall ensure that the duties and
10 responsibilities of a private police organization authorized under this section are
11 consistent with the duties and responsibilities of other state or municipal police
12 departments or law enforcement agencies. A private police organization shall comply
13 with the Constitution of the United States, the Constitution of the State of Alaska, and
14 federal and state law.
15 (c) After a hearing, the Alaska Police Standards Council may revoke the
16 authorization for a private police organization if the council finds that the private
17 police organization has failed to adhere to the accreditation standards in (a)(3) of this
18 section.
19 (d) A person whose authorization for a private police organization has been
20 revoked under (c) of this section may not reapply for authorization.
21 (e) In this section, "private police organization" has the meaning given in
22 AS 11.81.900(b).
23 Sec. 18.65.360. Private police officers. A person may not be employed as a
24 private police officer, except on a probationary basis, unless the person
25 (1) has satisfactorily completed a basic program of police training
26 approved under AS 18.65.240(a)(1);
27 (2) possesses the other qualifications set by the Alaska Police
28 Standards Council for the employment of police officers established under
29 AS 18.65.240(a)(2); and
30 (3) maintains a valid certificate issued by the Alaska Police Standards
31 Council or, if the certificate has lapsed or expired, has recertified or reauthorized the
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1 certificate through a certified or regulated law enforcement refresher academy or
2 requalification course at a basic police training facility.
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Statutes affected: HB0025A, AM HB 25, introduced 02/20/2019: 11.81.900, 18.65.350, 18.65.220, 18.65.130, 18.65.290, U.S.C, 18.65.230, 18.65.240