Draft bill– Alaska Reserve Police Officers Act (VPSO/VPO)

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VPSO task force issues report on village safety was reported on APRN statewide public radio, Tue, January 29, 2008. There was a follow-up discussion by several listeners. One, Eric W., mentioned:

I submitted a draft bill to Rep. Harris’ office last year (and again this year) which would change the state statutes and allow for armed, volunteer reserve peace officers for the various agencies around the state. Currently, there is no such law allowing for or giving authority to reserve peace officers.

To continue the discussion, I am posting the draft bill here. The numbers in the left margin are only for reference for discussion purposes. If you have questions or suggested changes on the draft, simply mention the line numbers so others may follow along. For example, “Lines 79 to 83 are the last paragraph of the draft”.

Please read/listen to the original discussion, then add your suggestions or comments to http://aprn.org/2008/01/29/vpso-task-force-issues-report-on-village-safety/. Comments stay open until March 23, 2008. You may also comment here, in the blocks below.

IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-FIFTH LEGISLATURE – FIRST SESSION BY
Offered:
Referred:
Sponsor(s):

A BILL FOR AN ACT ENTITLED ALASKA RESERVE POLICE OFFICERS ACT

“An Act relating to Minimum Standards for Police Officers.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

*Article 1. 13 AAC 85 is amended to add:
13 AAC 85.025 Reserve police officers authorized. (a) A law enforcement agency
may authorize reserve police officers.
(b) A person who meets the minimum standards under13 AAC 85.010 for
appointment as a peace officer may be appointed as a reserve police officer.
(c) An agency establishing a law enforcement reserve force
shall adopt and publish a manual setting forth the minimum qualifications, minimum
training standards, and standard operating procedures for reserve police officers.
Prohibition on reduction of full-time officers. A local government may not reduce
the authorized number of permanent law enforcement officers through the
appointment or utilization of reserve officers.
13 AAC 85.055 Basic reserve police officer training program required. (a) No
reserve police officer may be authorized to function as a police officer of a law
enforcement agency performing general law enforcement duties after 14 months
from the original appointment unless the reserve police officer has satisfactorily
completed a minimum 88 hour basic training program which must include but need
not be limited to the following course content:
(1) introduction and orientation–1 hour;
(2) police ethics and professionalism–1 hour;
(3) criminal law–4 hours;
(4) laws of arrest–4 hours;
(5) criminal evidence–4 hours;
(6) administration of criminal law–2 hours;
(7) communications, reports, and records–2 hours;
(8) crime investigations–3 hours;
(9) interviews and interrogations–2 hours;
(10) patrol procedures–6 hours;
(11) crisis intervention–4 hours;
(12) police human and community relations–3 hours;
(13) juvenile procedures–2 hours;
(14) defensive tactics–4 hours;
(15) crowd control tactics–4 hours;
(16) firearms training–30 hours;
(17) first aid–10 hours; and
(18) examination and testimony–2 hours.
(b) The law enforcement agency is responsible for training its reserve police officers
in accordance with minimum training standards established by the Alaska Police
Standards Council.
Status of reserve officer upon appointment. Upon being appointed by the chief
law enforcement administrator of the agency and only while on assigned duty a
reserve officer is vested with the same powers, rights, privileges, obligations, and
duties as any other peace officer in the state.
Limitations on activities of reserve officers. (a) A reserve police officer may only
be appointed on the orders and at the direction of the chief law enforcement
administrator of the agency.
(b) A reserve police officer may act only in a supplementary capacity to the agency.
Minimum Service Hours. A reserve police officer must serve a minimum of 16
hours per month or an aggregate of 192 hours per year to maintain certification as a
reserve police officer. Reserve police officers failing to meet this minimum standard
will have their certification revoked and must complete the minimum basic training
program prior to being reinstated.
Restrictions on carrying weapons. (a) No reserve police officer may carry
weapon:
(1) while on assigned duty until the reserve police officer has qualified on the firing
range with a weapon in compliance with the firearms qualifying course conducted
by the Alaska law enforcement academy; and
(2) until authorized by the agency chief law enforcement administrator to carry a
weapon.
(b) Reserve police officers:
(1) are subordinate to permanent law enforcement officers; and
(2) may not serve unless supervised by a permanent law enforcement officer whose
span of control would be considered within reasonable limits.
Reserve police officer change in residency. A reserve police officer may change
permanent residency to another part of the state and remain a reserve police officer
of the agency to which the reserve police officer was appointed or transfer to a new
agency provided that:
(1) the statutory basic training requirements have been met;
(2) the probationary period established by the law enforcement agency is completed;
and
(3) approval for continuing membership or transfer is granted by the chief law
enforcement administrator controlling the reserve unit.
Termination of reserve police officers. Reserve police officers serve at the
discretion of the chief law enforcement administrator and may be terminated by
written notification at any time by the chief law enforcement administrator without
any cause.
Prohibition on participation in certain pension and retirement systems. A
reserve police officer may not participate in any pension or retirement system
established for permanent law enforcement officers.
Provision of workers’ compensation coverage. Each law enforcement agency that
utilizes reserve police officers shall provide full workers’ compensation coverage for
the officers while they are providing actual service for the agency. The agencies
shall pay to the insurer an appropriate premium, as established by the insurer, to
cover the insurance risk of providing coverage to the officers.