LAW ENFORCEMENT AGENCY ACCREDITATION

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SENATE BILL NO. 53

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY SENATOR GRAY-JACKSON

Introduced: 1/24/25
Referred: State Affairs, Judiciary

A BILL

FOR AN ACT ENTITLED

"An Act relating to accreditation standards for law enforcement agencies." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 09.50.250 is amended to read: 3
Sec. 09.50.250. Actionable cla ims against the state. A person or corporation 4
having a contract, quasi-contract, or tort claim against the st ate may bring an action 5
against the state in a state court that has jurisdiction over the claim. A person who may 6
present the claim under AS 44.77 may not bring an action under this section except as 7
set out in AS 44.77.040(c). A person who may bring an action un der AS 36.30.560 - 8
36.30.695 may not bring an action under this section except as set out in 9
AS 36.30.685. However, an action may not be brought if the claim 10
(1) is an action for tort, and is based on [UPON] an act or omission of 11
an employee of the state exercising due care in the execution o f a statute or regulation, 12
whether or not the statute or regulation is valid; or is an act ion for tort, and based on 13
[UPON] the exercise or performance or the failure to exercise o r perform a 14
discretionary function or duty on the part of a state agency or an employee of the state, 15
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whether or not the discretion involved is abused; 1
(2) is for damages caused by the imposition or establishment o f, or the 2
failure to impose or establish, a quarantine or isolation, or b y other actions, by the 3
state or its agents, officer s, or employees under AS 18.15.355 - 18.15.395, except for 4
damages caused by negligent me dical treatment provided under AS 18.15.355 - 5
18.15.395 by a state employee, or except that, if a state emplo yee quarantines or 6
isolates a person with gross negligence or in intentional viola tion of AS 18.15.385, the 7
state shall pay to the person who was quarantined or isolated a penalty of $500 for 8
each day of the improper quarantine; 9
(3) arises out of assault, battery, false imprisonment, false arrest, 10
malicious prosecution, abuse of process, libel, slander, misrep resentation, deceit, or 11
interference with contract rights; 12
(4) arises out of the use of an ignition interlock device cert ified under 13
AS 33.05.020(c); [OR] 14
(5) arises out of injury, illness, or death of a seaman that o ccurs or 15
manifests itself during or in the course of, or arises out of, employment with the state; 16
AS 23.30 provides the exclusive remedy for such a claim, and no action may be 17
brought against the state, its v essels, or its employees under the Jones Act (46 U.S.C. 18
30104 - 30105), in admiralty, or under the general maritime law; or 19
(6) is for damages based on a law enforcement agency's 20
(A) exercise, performance, o r adoption of, or failure to 21
exercise, perform, or adopt, the minimum standards and practice s 22
required to obtain and maintain the first tier of accreditation under 23
AS 44.41.020(l) or required under a higher accreditation tier established 24
in AS 18.65.228(c); or 25
(B) failure to obtain and maintain accreditation as required 26
under AS 44.41.020(l). 27
* Sec. 2. AS 09.65.070(d) is amended to read: 28
(d) An action for damages may not be brought against a municipality or any of 29
its agents, officers, or employees if the claim 30
(1) is based on a failure of the municipality, or its agents, officers, or 31
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employees, when the municipality is neither owner nor lessee of the property 1
involved, 2
(A) to inspect property for a violation of any statute, regulation, 3
or ordinance, or a hazard to health or safety; 4
(B) to discover a violation of any statute, regulation, or 5
ordinance, or a hazard to health or safety if an inspection of property is made; 6
or 7
(C) to abate a violation of any statute, regulation, or ordina nce, 8
or a hazard to health or safety discovered on property inspected; 9
(2) is based on [UPON] the exercise or performance or the failure to 10
exercise or perform a discretionary function or duty by a munic ipality or its agents, 11
officers, or employees, whether or not the discretion involved is abused; 12
(3) is based on [UPON] the grant, issuance, refusal, suspension, delay, 13
or denial of a license, permit, appeal, approval, exception, va riance, or other 14
entitlement, or a rezoning; 15
(4) is based on the exercise or performance during the course of 16
gratuitous extension of municipal services on an extraterritorial basis; 17
(5) is based on [ U P O N ] t h e e x e r c i s e o r p e r f o r m a n c e o f a d u t y o r 18
function upon the request of, or by the terms of an agreement o r contract with, the 19
state to meet emergency public safety requirements; [OR] 20
(6) is based on the exercise or performance of a duty in conne ction 21
with an enhanced 911 emergency system and is not based on an in tentional act of 22
misconduct or on an act of gross negligence; or 23
(7) is based on a municipal police department's 24
(A) exercise, performance, o r adoption of, or failure to 25
exercise, perform, or adopt, the minimum standards and practice s 26
required to obtain and maintain the first tier of accreditation under 27
AS 29.71.070 or required under a high er accreditation tier esta blished in 28
AS 18.65.228(c); or 29
(B) failure to obtain and maintain accreditation as required 30
under AS 29.71.070. 31
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* Sec. 3. AS 18.65.220 is amended to read: 1
Sec. 18.65.220. Powers. The council has the power to 2
(1) adopt regulations for the administration of AS 18.65.130 - 3
18.65.290; 4
(2) establish minimum standards for employment as a police off icer, 5
probation officer, parole office r, municipal correctional offic er, and correctional 6
officer in a permanent or probationary position and certify per sons to be qualified as 7
police officers, probation officers, parole officers, municipal correctional officers, and 8
correctional officers under AS 18.65.130 - 18.65.290; 9
(3) establish minimum criminal justice curriculum requirements for 10
basic, specialized, and in-servi ce courses and programs for sch ools operated by or for 11
the state or a political subdivision of the state for the speci fic purpose of training 12
police recruits, police officers , probation officers, parole of ficers, municipal 13
correctional officers, and correctional officers; the curriculu m requirements 14
established under this paragraph must include training in 15
(A) recognizing persons with disabilities; 16
(B) appropriate interactions with persons with disabilities; 17
(C) resources available to persons with disabilities and to th ose 18
interacting with persons with disabilities; and 19
(D) the requirements of 42 U.S.C. 12131 - 12165 (Title II of 20
the Americans with Disabilities Act of 1990); 21
(4) consult and cooperate with municipalities, agencies of the state, 22
other governmental agencies, universities, colleges, and other institutions concerning 23
the development of police offi cer, probation officer, parole of ficer, municipal 24
correctional officer, and correctional officer training schools and programs of criminal 25
justice instruction; 26
(5) employ an administrator and other persons necessary to car ry out 27
its duties under AS 18.65.130 - 18.65.290; 28
(6) investigate when there is reason to believe that a police officer, 29
probation officer, parole officer , municipal correctional offic er, or correctional officer 30
does not meet the minimum standards for employment; in connecti o n w i t h t h e 31
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investigation the council may subpoena persons, books, records, or documents related 1
to the investigation and require answers in writing under oath to questions asked by 2
the council or the administrator; 3
( 7 ) c h a r g e a n d c o l l e c t a f e e o f $ 5 0 f o r p r o c e s s i n g a p p l i c a t i o ns for 4
certification of police, probati on, parole, municipal correctio nal, and correctional 5
officers; 6
(8) require a state and national criminal history record check f o r a n 7
applicant to a training program established in AS 18.65.230 and f o r a p e r s o n t o b e 8
certified as a police officer under AS 18.65.240 if that person 's prospective employer 9
does not have access to a criminal justice information system; 10
(9) establish minimum standards and practices for the 11
accreditation of law enforcement agencies in the state. 12
* Sec. 4. AS 18.65 is amended by adding new sections to read: 13
Sec. 18.65.227. Law enforcement agenc y standards and practices. (a) The 14
council shall establish minimum st andards and practices for the accreditation of law 15
enforcement agencies, including standards and practices relating to 16
(1) the administration, management, and operation of law enfor cement 17
agencies; 18
(2) bias-based policing; 19
(3) the use of force; 20
(4) an agency's response to crimes involving family violence; 21
(5) the use of body-worn recording equipment; 22
(6) complaints of alleged misconduct by a law enforcement officer; 23
(7) the use of electronic control weapons; 24
(8) eyewitness identification procedures; 25
(9) notification of death and death-related events; and 26
(10) pursuits conducted by police officers. 27
(b) The council shall base the s tandards and practices on standards established 28
by the International Association of Chiefs of Police and the Co mmission of 29
Accreditation for Law Enforcement Agencies, Inc. 30
(c) The council shall establish three accreditation tiers. The standards and 31
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practices for the 1
( 1 ) f i r s t t i e r m u s t b e d e s i g n e d t o p r o t e c t a l a w e n f o r c e m e n t agency 2
from liability, enhance delivery of services, and improve publi c confidence in 3
policing; 4
(2) second tier must relate to the administration, management, and 5
operation of a law enforcement agency; and 6
(3) third tier must consist of s tandards higher than the stand ards 7
outlined in the second tier for the administration, management, and operation of a law 8
enforcement agency. 9
(d) The council shall post the requirements for each accredita tion tier on the 10
council's Internet website. The council shall pr ovide informati on relating to the 11
requirements of each tier to each law enforcement agency in the state. 12
Sec. 18.65.229. Law enforcement agency accreditation. (a) The council shall 13
review a law enforcement agency's compliance with the minimum s tandards and 14
practices adopted under AS 18.65.227 and issue a certificate of accreditation to the 15
law enforcement agency at the appropriate accreditation tier. 16
(b) The council shall work with a law enforcement agency that has failed to 17
obtain or maintain accreditation under this section until the l aw enforcement agency 18
achieves accreditation. 19
(c) The council shall assist a rural law enforcement agency in securing funding 20
for the purposes of obtaining and maintaining accreditation. In this subsection, "rural 21
agency" means a law enforcement agency in a community with a po pulation of 7,000 22
or less that is not connected by road or rail to Anchorage or Fairbanks. 23
(d) The Department of Public Safety may not award a grant to a l a w 24
enforcement agency that is not accredited. 25
* Sec. 5. AS 18.65.290 is amended by adding a new paragraph to read: 26
(10) "law enforcement agency" means a municipal police departm ent, 27
Alaska state trooper post, village public safety officer post, or regional public safety 28
officer post. 29
* Sec. 6. AS 29.71 is amended by adding a new section to read: 30
Sec. 29.71.070. Municipal police department accreditation. (a) A 31
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municipality with a municipal po lice department shall obtain an d maintain 1
accreditation to indicate the police department's compliance wi th the standards and 2
practices established in AS 18.65.227. 3
* Sec. 7. AS 44.41.020 is amended by adding a new subsection to read: 4
(l) The Department of Public Safety shall obtain and maintain ac creditation 5
for each Alaska state trooper post, village public safety offic er post, or regional public 6
safety officer post to indicate compliance with the standards a nd practices established 7
in AS 18.65.227. 8
* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
TRANSITION: ACCREDITATION. A law enforcement agency that, on th e effective 11
date of this Act, is required to obtain and maintain accreditat ion under AS 29.71.070, enacted 12
by sec. 6 of this Act, or AS 44.41.020( l), enacted by sec. 7 of this Act, has until January 1, 13
2027, to obtain the first tier of accreditation. In this section, "law enforcement agency" has the 14
meaning given in AS 18.65.290. 15