Statutory Authority

Statutes

SECTION 18.65.130 Policy.

The administration of criminal justice affects the health, safety, and welfare of the people of this state and requires education and training of a professional quality. It is a primary public interest that applicants meet minimum standards for employment as police officers, probation and parole officers, and correctional officers, and that criminal justice education and training be made available to police officers, probation and parole officers, and correctional officers serving in a probationary capacity and police officers, probation and parole officers, and correctional officers already in regular service. It is of secondary public interest to encourage the establishment of preliminary training programs for persons seeking to become police officers, probation and parole officers, and correctional officers. Application of standards for employment and making education and training available for municipal correctional officers is also in the public interest.

SECTION 18.65.140 Creation.

There is created in the Department of Public Safety the Alaska Police Standards Council.

SECTION 18.65.150 Composition of council.

The council consists of the following persons:

  1. four chief administrative officers or chiefs of police of local governments;
  2. the commissioner of public safety or a designee of the commissioner;
  3. the commissioner of corrections or a designee of the commissioner;
  4. two persons, each of whom has been certified for five years or more by the council under this chapter, one of whom serves as a police officer and one of whom serves as a probation officer, parole officer, municipal correctional officer, or correctional officer;
  5. one correctional administrative officer who is employed at the level of a deputy director or higher; and
  6. four members of the public at large with at least two from the communities of 2,500 population or less.
SECTION 18.65.160 Appointment.

The commissioner of public safety or a designee and the commissioner of corrections or a designee shall serve during each commissioner's continuance in office. Other members of the council shall be appointed by the governor for staggered terms of four years, except that a member may not serve beyond the time the member holds the office that established eligibility for appointment. A vacancy on the council shall be filled for the remainder of a member's unexpired term in the same manner as the original appointment.

SECTION 18.65.170 Chairman and vice chairman.

The council shall select its chairman and vice chairman annually.

SECTION 18.65.180 Holding another office.

Membership on the council does not disqualify a member from holding any other public office or employment.

SECTION 18.65.190 Compensation and expenses.

The members of the council receive no salary, but are entitled to per diem and travel expenses authorized by law for other boards and commissions.

SECTION 18.65.200 Meetings.

The council shall meet at least twice a year. The chairman shall set the time and place of the meeting, either on the chairman's own motion or on written request by any three members of the council.

SECTION 18.65.210 Reports. [Repealed, Sec. 12 ch 19 SLA 1981].

Repealed or Renumbered

SECTION 18.65.220 Powers.

The council has the power to

  1. adopt regulations for the administration of AS 18.65.130 - 18.65.290;
  2. establish minimum standards for employment as a police officer, probation officer, parole officer, municipal correctional officer, and correctional officer in a permanent or probationary position and certify persons to be qualified as police officers, probation officers, parole officers, municipal correctional officers, and correctional officers under AS 18.65.130 - 18.65.290;
  3. establish minimum criminal justice curriculum requirements for basic, specialized, and in-service courses and programs for schools operated by or for the state or a political subdivision of the state for the specific purpose of training police recruits, police officers, probation officers, parole officers, municipal correctional officers, and correctional officers;
  4. consult and cooperate with municipalities, agencies of the state, other governmental agencies, universities, colleges, and other institutions concerning the development of police officer, probation officer, parole officer, municipal correctional officer, and correctional officer training schools and programs of criminal justice instruction;
  5. employ an administrator and other persons necessary to carry out its duties under AS 18.65.130 - 18.65.290;
  6. investigate when there is reason to believe that a police officer, probation officer, parole officer, municipal correctional officer, or correctional officer does not meet the minimum standards for employment; in connection with the investigation the council may subpoena persons, books, records, or documents related to the investigation and require answers in writing under oath to questions asked by the council or the administrator;
  7. charge and collect a fee of $50 for processing applications for certification of police, probation, parole, municipal correctional, and correctional officers.
SECTION 18.65.225 Alaska police training fund.

The Alaska police training fund is created in the general fund. The fund consists of appropriations made by the legislature to the fund. The legislature may appropriate to the fund the annual estimated balance in the accounts maintained under AS 37.05.142 for money collected under AS 12.25.195(c), AS 12.55.039, AS 28.05.151, and AS 29.25.074. The legislature may make appropriations from the fund to

  1. the Department of Public Safety for the Public Safety Training Academy, including Village Public Safety Officers,
  2. the Alaska Police Standards Council to provide training for the law enforcement and corrections community of the state under AS 18.65.230, and
  3. municipalities that conduct their own police training programs. Nothing in this section creates a dedicated fund.
SECTION 18.65.230 Training programs.

The council shall establish and maintain police training programs, probation and parole officer training programs, and correctional training programs through those agencies and institutions that the council considers appropriate.

SECTION 18.65.240 Standards.
  1. A person may not be appointed as a police officer, except on a probationary basis, unless the person
    1. has satisfactorily completed a basic program of police training approved by the council, which includes at least 12 hours of instruction regarding domestic violence as defined in AS 18.66.990, and
    2. possesses other qualifications the council has established for the employment of police officers, including minimum age, education, physical and mental standards, citizenship, moral character, and experience. The council shall prescribe the means of presenting evidence of fulfillment of these requirements.
  2. The council shall issue a certificate evidencing satisfaction of the requirements of (a) of this section to an applicant who satisfies those requirements or who satisfies the requirements of (a)(2) of this section and satisfactorily completes a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved police education and training programs in this state.
  3. The council may deny or revoke the certificate of a police officer who does not meet the standards adopted under (a)(2) of this section.
SECTION 18.65.242 Standards for correctional, probation, and parole officers.
  1. The council shall establish qualifications for employment of persons as municipal correctional, correctional, probation, and parole officers, including
    1. minimum age, physical and mental standards, citizenship, moral character, and experience; and
    2. minimum education standards.
  2. The council shall
    1. prescribe the means of presenting evidence of fulfillment of the requirements set out in (a) of this section; and
    2. issue a certificate evidencing satisfaction of the requirements of (a) of this section to an applicant who
      1. satisfies the requirements of (a)(1) of this section; and
      2. meets the minimum education standards of (a)(2) of this section by satisfactorily completing a training program for municipal correctional, correctional, probation, or parole officers established under AS 18.65.230, including training regarding domestic violence that contains the subjects set out in AS 18.66.310(d), or a course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved municipal correctional, correctional, probation, or parole officer education and training programs in this state.
  3. In the evaluation of applicants against the mental standards developed under (a)(1) of this section, the council shall use evaluation methods that do not discriminate against applicants of different ethnic origins.
SECTION 18.65.245 Denial or revocation of certificate of correctional, probation, or parole officer.

The council may

  1. deny a certificate to an applicant for a correctional officer certificate or a probation or parole officer certificate if the applicant does not meet the standards adopted by the council under AS 18.65.242(a);
  2. revoke the certificate of a correctional officer or a probation or parole officer who, having been issued a certificate, fails to meet the standards adopted by the council under AS 18.65.242(a).
SECTION 18.65.248 Employment of correctional, probation, and parole officers.
  1. A person may not be appointed as a correctional officer or as a probation or parole officer unless the person has a valid certificate issued by the council under AS 18.65.242.
  2. The provisions of (a) of this section do not apply to a person employed on a probationary basis, except that employment on a probationary basis may not exceed the period authorized for probationary employment determined by the council.
SECTION 18.65.250 Financial assistance. [Repealed, Sec. 24 ch 22 SLA 2001].

Repealed or Renumbered

SECTION 18.65.260 Grants.
  1. The council may accept donations of property, both real and personal, and grants of money from a governmental unit or public agency, or from an institution or person. All money received by the council under this section shall be deposited in the state treasury to the account of the council.
  2. The council shall provide for and administer a funding program authorized in (a) of this section. In the administration of the program the council shall promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs to avoid duplication.
SECTION 18.65.270 Applicability of Administrative Procedure Act.

AS 18.65.150 - 18.65.290 shall be administered in compliance with AS 44.62 (Administrative Procedure Act).

SECTION 18.65.280 Exemptions.
  1. The commissioner and deputy commissioner of public safety and the chief administrative officers of local police departments are exempt from the requirements of AS 18.65.240. However, a person appointed chief of a local police department after July 1, 1981, who performs any operational duties, shall meet the requirements of AS 18.65.240(a)(1).
  2. A political subdivision with an established police training program meeting the requirements of AS 18.65.220(2) and (3) may exclude itself from the requirements of AS 18.65.240 by ordinance. The exclusion has no effect on eligibility to receive federal or state grants.
SECTION 18.65.285 Municipal correctional employees.

A municipality that employs persons in a municipal correctional facility may, by ordinance, require that those persons meet the requirements of AS 18.65.130 - 18.65.290 that are applicable to municipal correctional officers.

SECTION 18.65.290 Definitions.

In AS 18.65.130 - 18.65.290,

  1. "chief administrative officer" means a chief of police or other official who is head of a police department in a political subdivision;
  2. "correctional facility" means a prison or jail owned, leased, or operated by the state that is designated by the commissioner of corrections for the custody, care, security, control, and discipline of prisoners;
  3. "correctional officer" means a person
    1. appointed by the commissioner of corrections whose primary duty under AS 33.30 is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; or
    2. employed in a correctional facility in this state whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law;
  4. "council" means the Alaska Police Standards Council;
  5. "municipal correctional officer" means a person who is employed full-time in a municipal correctional facility whose primary duty is to provide custody, care, security, control, and discipline of persons charged or convicted of offenses or held under authority of law; and the municipality has adopted an ordinance under AS 18.65.285 making AS 18.65.130 - 18.65.290 applicable;
  6. "parole officer" means a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of supervising the parole of prisoners under AS 33.16;
  7. "police officer" means
    1. an employee of the state or a municipal police department with the authority to arrest and issue citations; detain a person taken into custody until that person can be arraigned before a judge or magistrate; conduct investigations of violations of and enforce criminal laws, regulations, and traffic laws; search with or without a warrant persons, dwellings, and other forms of property for evidence of a crime; and take other action consistent with exercise of these enumerated powers when necessary to maintain the public peace;
    2. an officer or employee of the Department of Transportation and Public Facilities who is stationed at an international airport and has been designated to have the general police powers authorized under AS 02.15.230(a);
    3. a University of Alaska public safety officer with general police powers authorized under AS 14.40.043;
  8. "probation officer" means a person appointed by the commissioner of corrections or employed by a correctional facility in this state to perform the duties of a probation officer under AS 33.05.