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Authority: AS 39.60.020

AS 39.60.050

AS 44.17.030

13 AAC 75.100. Definitions

In this chapter, unless the context requires otherwise,

(1) "applicant" means a surviving dependent or the surviving dependent's authorized representative, parent or guardian;

(2) "child" has the meaning given in AS 39.60.190 and includes an unborn child of the peace officer or firefighter;

(3) "employee" means the peace officer or firefighter who is killed in the line of duty;

(4) "fund" means the Peace Officer and Firefighter Survivors' Fund established in AS 39.60.010 ;

(5) "major medical insurance" means medical insurance designed to compensate for particularly large medical expenses due to a severe or prolonged illness, usually by paying a high percentage or medical bills above a certain amount, that covers the expenses associated with serious illness or hospitalization and does not include limited benefit plans, dental plan, vision plan, accident supplements, short-term health insurance, or critical illness plans;

(6) "recipient" means a surviving dependent who has been found eligible to participate, and is participating, in the fund;

(7) "surviving dependent" means a surviving spouse or child of a peace officer or firefighter who is killed in the line of duty;

(8) "surviving spouse" means a person who is married to a peace officer or firefighter at the time of the peace officer's or firefightersʼ death.

History: Eff. 1/26/2018, Register 225

Authority: AS 39.60.020

AS 39.60.070

AS 44.17.030

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Part 5
Violent Crimes Compensation Board

Chapter

80. (Relocated). (13 AAC 80.010 - 13 AAC 80.110)

Relocated 7/2003

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Chapter 80
Violent Crimes Compensation Board

Relocated 7/2003

Editor's note: Under AS 44.62.125 (b)(5), and to reflect Executive Order 109 (2003), relocating the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration, the regulations attorney relocated the board's regulations to 2 AAC 80, as of Register 166 (July 2003).

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Part 6
Alaska Police Standards Council

Chapter

85. Minimum Standards for Police, Probation, Parole, Correctional, and Municipal Correctional Officers. (13 AAC 85.005 - 13 AAC 85.900)

87. Certification of Law Enforcement Training Programs and Instructors. (13 AAC 87.010 - 13 AAC 87.090)

89. Minimum Standards for Village Police Officers. (13 AAC 89.010 - 13 AAC 89.150)

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Chapter 85
Minimum Standards for Police, Probation, Parole, Correctional, and Municipal Correctional Officers

Article

1. Minimum Standards for Police Officers. (13 AAC 85.005 - 13 AAC 85.150)

2. Minimum Standards for Probation, Parole, Correctional, and Municipal Correctional Officers. (13 AAC 85.200 - 13 AAC 85.280)

3. Definitions. (13 AAC 85.900 - 13 AAC 85.900)

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Article 1
Minimum Standards for Police Officers

Section

5. Applicability.

10. Basic standards for police officers.

20. Permanent employment for police officers.

30. (Repealed).

40. Basic, intermediate, and advanced certificates.

50. Basic police officer academy.

60. Waiver and reciprocity.

70. (Repealed).

80. (Repealed).

90. Personnel reports.

100. Determination of ineligibility and denial of certificates.

110. Revocation of certificates.

115. Effect on police officers of conviction of misdemeanor crime of domestic violence.

120. Lapse of certificates.

150. (Redesignated).

Editor's note: As of Register 78, the material formerly located in 6 AAC 70 has been transferred to 13 AAC 85, in recognition of the relocation of the Alaska Police Standards Council by Executive Order No. 45 (effective July 1, 1980). The history notes for the sections in this chapter continue the history of the provisions from their former location.

13 AAC 85.005. Applicability

The requirements of 13 AAC 85.005 - 13 AAC 85.120 do not apply to village police officers identified in 13 AAC 89, except as specifically provided in 13 AAC 89.

History: Eff. 10/18/81, Register 80; am 8/8/90, Register 115

Authority: AS 18.65.220

Editor's note: As of Register 133, April 1995, the regulations attorney, under authority of AS 44.62.125 (b)(6), deleted text from 13 AAC 85.005, in order to conform the text with changes to 13 AAC 89 made by the Alaska Police Standards Council in Register 133, April 1995.

13 AAC 85.010. Basic standards for police officers

(a) A participating police department may not hire a person as a police officer unless the person meets the following minimum qualifications at the time of hire:

(1) is a citizen of the United States;

(2) is 21 years of age or older;

(3) is of good moral character;

(4) has a high school diploma recognized by a state, has a diploma from a home school program recognized or certified by a state or by a local school district within a state as having met that state's graduation requirements, or has passed a General Educational Development (GED) test;

(5) is certified by a licensed physician, advanced practice registered nurse, or physician assistant on a medical record form supplied by the council to be physically capable of performing the essential functions of the job of police officer;

(6) is certified by a licensed psychiatrist or psychologist, on a psychological record form supplied by the council, to be mentally capable of performing the essential functions of the job of police officer and is free from any emotional disorder that may adversely affect the person's performance as a police officer.

(b) A participating police department may not hire as a police officer a person

(1) who has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) who has been convicted, during the 10 years immediately before the date of hire as a police officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses, by a civilian court of this state, the United States, or another state or territory, or by a military court;

(3) who

(A) has been denied certification, has had the person's basic certification revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.110 or by the responsible certifying agency of the issuing jurisdiction; or

(B) is under suspension of a basic certification in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction; or

(4) who

(A) has illegally manufactured, transported, or sold a controlled substance, unless the person was under the age of 21 at the time of the act and the act occurred more than 10 years before the date of hire;

(B) within the five years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless

(i) the person was under the age of 21 at the time of using the controlled substance; or

(ii) an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or

(C) within the one year before the date of hire, has used marijuana, unless the person was under the age of 21 at the time of using marijuana.

(c) A participating police department has 30 days after the date of hire to confirm that a person hired as a police officer meets the standards of (a) and (b) of this section. The council may grant an extension of the 30-day period if the council determines that the person will probably be able to meet the standards by the end of the extension period. The chief administrative officer of the police department where the person is employed shall make a written request for the extension, and shall explain the reason the extension is necessary. If a police department concludes at the end of the investigation that the person does not meet the required standards, the department shall immediately discharge the person from employment as a police officer. When deciding whether a person meets the standards of (a) and (b) of this section, the department shall

(1) obtain proof of age, citizenship status, and education;

(2) obtain fingerprints on two copies of FBI Applicant Card FD-258 and forward both cards to the automated fingerprint identification section of the Department of Public Safety;

(3) obtain a complete personal history of the person on a form supplied by the council;

(4) conduct a thorough personal-history investigation of the person to determine character traits and habits indicative of moral character and fitness as a police officer;

(5) obtain a complete medical history report of the person; the report must be given to a licensed physician, advanced practice registered nurse, or physician assistant to use as a basis in conducting a physical examination of the person;

(6) require the person to undergo an examination by a licensed psychiatrist or psychologist; and

(7) determine whether the person

(A) has been denied certification, has had the person's basic certification revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, and whether the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.110 or by the responsible certifying agency of the issuing jurisdiction; or

(B) is under suspension of a basic certification in another jurisdiction, for the period of the suspension, and whether the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.

(d) All information, documents, and reports obtained by a participating police department under (c) of this section must be placed in the permanent files of the police department and must be available for examination at any reasonable time by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 30 days after the date of each hire:

(1) the medical examination report;

(2) the health questionnaire;

(3) the personal history statement;

(4) the psychological record form; and

(5) the compliance form to record an agency's compliance with (c)(1) - (7) of this section.

(e) A police officer shall enroll in a council-certified basic police officer academy within six months after the date of hire. A police officer shall complete a council-certified field training program, and verification of completion shall be sent, on a form supplied by the council, to the council within the probationary period specified in 13 AAC 85.040(b) (3).

(f) The information in the council's files is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and the regulations adopted under AS 18.65.130 - 18.65.290. However, training records and the documents listed in (d) and (e) of this section relating to an applicant or police officer may be reviewed by the applicant or officer. Information that indicates that a person might not qualify for certification as a police officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a federal, state, or local law enforcement agency that has hired or is considering hiring the person. A police officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the police officer or applicant.

(g) If the signature of an officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the signer's knowledge and acknowledging that the council will use the information on the forms for purposes of determining the officer's or applicant's eligibility and qualifications for training, employment, and certification.

(h) The council will design and distribute forms to aid police departments in obtaining the information required in (c) of this section.

History: Eff. 8/10/73, Register 47; am 8/10/80, Register 75; am 9/23/84, Register 91; am 3/16/89, Register 109; am 8/8/90, Register 115; am 10/24/92, Register 124; am 8/5/95, Register 135; am 7/15/98, Register 147; am 2/20/99, Register 149; am 8/16/2000, Register 155; am 3/25/2001, Register 157; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 9/1/2017, Register 223

Authority: AS 18.65.220

AS 18.65.240

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