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NOTICE OF PROPOSED CHANGES ON OFFICER STANDARDS, MINIMUM TRAINING STANDARDS & LEVELS OF PROFESSIONAL CERTIFICATION
IN THE REGULATIONS OF THE ALASKA POLICE STANDARDS COUNCIL

The Alaska Police Standards Council proposes to adopt regulation changes in 13 AAC 85.010 - .900; 13 AAC 87.010 - .090; and 13 AAC 89.010 - .150 of the Alaska Administrative Code, dealing with minimum hiring standards, certificate suspension and revocation, mandatory annual training requirements, and additional levels of professional certification for police, corrections, probation, parole, municipal corrections, and village police officers, including the following:
 

(1)        13 AAC 85.010 is proposed to be changed to disqualify from hire as a police officer an individual who has been convicted of a sex crime as described in AS 12.63.100; Shortens to 10 days the reporting period for agencies to report hiring an officer; and clarifies language about prior certification actions.
(2)        13 AAC 85.020, 220, & 13 AAC 89.020 are proposed to be amended to prohibit an agency assigning police, corrections, probation/parole, municipal corrections, and village police officers with any law enforcement or corrections duties during the time their professional certification is under suspension by the council.
(3)        13 AAC 85.045 is proposed to be added to establish standards for Supervisory and Management professional certifications levels for police.
(4)        13 AAC 85.050 & 060, 13 AAC 87.060 & 080, and 13 AAC 89.040 are proposed to be amended to require basic academy instruction for police, corrections, probation/parole, municipal corrections, and village police officers in an officer’s duty to intervene.
(5)        13 AAC 85.090 is proposed to be amended to shorten agency reporting deadlines to 10 days for officer appointment, separation, and sustained allegations of misconduct; to require agencies to report when an officer is arrested or charged with a crime and to require officers report their arrest or being charged with a crime to their agency.
(6)        Amendment to 13 AAC 85.100 are proposed to clarify disqualification language and, for clarification, cites examples of disqualifying police misconduct that may lead the council to take administrative action against an officer’s eligibility.
(7)        13 AAC 85.110 is proposed to be repealed and readopted to provide the council with the option of suspending an officer’s certification in addition to revoking it, making an immediate emergency suspension in limited cases, and to clarify suspension/revocation language by citing police misconduct that may lead the council to take administrative action against an officer’s certification. 
(8)        Proposes to amend 13 AAC 85.210 and 215 to disqualify individuals with past convictions for sex offenses, as described in AS 12.63.100, from being hired as probation, parole, corrections, or municipal corrections officers and clarifies the impact of prior certificate actions on their eligibility.
(9)        Proposes to amend 13 AAC 85.210 to shorten the reporting period for submitting required documentation after hiring corrections, probation, and parole officers to 30 days.
(10)      Proposes to amend and retitle 13 AAC 85.230 and 235 to add intermediate and advanced levels of professional certification and associated requirements for corrections, probation, parole, and municipal corrections officers.
(11)      Proposes to add new sections 13 AAC 85.232 and 237 to establish supervisory and management levels of professional certification, and their associated requirements, for probation, parole, corrections, and municipal corrections officers.
(12)      13 AAC 85.250 is proposed to be amended to require probation, parole, correctional, and municipal correctional officers to report their arrest or being charged with a crime to their employer and the employer to report to the council.
(13)      13 AAC 85.260 is proposed to be amended to clarify disqualification language and specifically list officer misconduct that led the council to take prior administrative action against an officer’s eligibility.
(14)      13 AAC 85.270 is proposed to be repealed and readopted to provide the council with the option of suspending a probation, parole, corrections, and municipal corrections officer’s certification in addition to revoking it, making an emergency suspension in certain cases, and to clarify suspension/revocation language to cite some of the misconduct that may lead to the council to take administrative action against an officer’s certification. 
(15)      13 AAC 85.900 is proposed to be amended by adding definitions for the terms “suspension” and “public safety certificate.”
(16)      Amendments are proposed to 13 AAC 97.040 that will allow for suspension of an instructor’s certification for cause, in addition to the current revocation, and requires that an instructor report their arrest or being charged with a crime to the council.
(17)      A new section 13 AAC 87.084 is proposed to be added to require every police, corrections, probation, parole, and municipal corrections officer obtain at least 12 hours of annual in-service training, eight hours of which may be provided by the council and must annually demonstrate proficiency in perishable skills such as firearms, less-lethal weapons, and arrest and control techniques, as applicable to their position.  The section provides reporting deadlines and certificate sanctions, including suspension, for officers who fail to complete required training.
(18)      13 AAC 89.055 is proposed to be added to provide for mandatory annual training requirement for village police officers to include eight ours of council provided training each year, and periodic required proficiency demonstrations for use of firearms, less-lethal weapons, and control and arrest tactics, as appropriate to their position.
(19)      13 AAC 89.070 is proposed to be repealed and readopted to provide the council with the option of suspending a village police officer’s certification, in addition to deny or revoking certification.
(20)      13 AAC 89.150 is proposed to be amended to add definitions for the terms “public safety certificate” and “suspension.”

 
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alaska Police Standards Council at PO Box 111200, Juneau, AK 99811-1200. Additionally, Council will accept comments by facsimile at (907) 465-3263 and by electronic mail at wendy.menze@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link. The comments must be received not later than 4:30 PM on Friday February 19, 2021.
 
You may submit written questions relevant to the proposed action to Alaska Police Standards Council at PO Box 111200, Juneau, AK 99811-1200. The questions must be received at least 10 days before the end of the public comment period. The Council will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the agency website.
 
If you are a person with a disability who needs a special accommodation to participate in this process, please contact Wendy Menze at wendy.menze@alaska.gov or 907-465-4378 not later than February 5, 2021 to ensure that any necessary accommodation can be provided.
 
A copy of the proposed regulation changes is available here or and by contacting Wendy Menze at wendy.menze@alaska.gov or 907-465-4378.
 
After the public comment period ends, the Alaska Police Standards Council will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments received are public records and are subject to public inspection.
 
Statutory authority: AS 18.65.220; AS 18.65.230; AS 18.65.240; AS 18.65.242; AS 18.65.245; AS 18.65.248; AS 18.65.270; AS 18.65.285
 
Statutes being implemented, interpreted, or made specific: AS 18.65.220; AS 18.65.230; AS 18.65.240; AS 18.65.242; AS 18.65.245; AS 18.65.248; AS 18.65.270; AS 18.65.285.
 
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.
 
The Alaska Police Standards Council keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of Council notices of proposed regulation changes. To be added to or removed from the list, send a request to the council wendy.menze@alaska.gov  giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.
 
Date:   January 4, 2021                            Bob Griffiths, Executive Director
 

Links to current Police, Village Police, and Corrections Minimum Standards, Training, and Certification Regulations