13 AAC 85.900. Definitions

In this chapter,

(1) "controlled substance" means a controlled substance as defined in AS 11.71.900 ;

(2) "correctional agency" means the Department of Corrections or a municipality that has adopted an ordinance under AS 18.65.285 that requires a person employed at a municipal correctional facility to meet the requirements of AS 18.65.130 - 18.65.290;

(3) "correctional officer" has the meaning given in AS 18.65.290 ;

(4) "council" means the Alaska Police Standards Council;

(5) "felony" means a crime classified as a felony in Alaska at the time the crime was committed; a conviction in another jurisdiction by a civilian or military court is a felony conviction if the crime has elements similar to those of a felony under Alaska law at the time the offense was committed; a completed suspended imposition of sentence, expungement of record, or a pardon does not remove a felony conviction from a person's record;

(6) "for cause relating to dishonesty or misconduct" means acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and the United States or that are detrimental to the integrity of the department or agency where the officer works, including

(A) illegal conduct, including the illegal purchase, use, possession, transportation, distribution, cultivation, manufacture, or sale of any controlled substance, any imitation controlled substance, or alcohol in an area that has adopted a local option under AS 04.11.490 - 04.11.500;

(B) conduct involving moral turpitude, including dishonesty, fraud, deceit, or misrepresentation in an application, examination, or other document for securing employment, eligibility, or certification;

(7) "good moral character" means the absence of acts or conduct that would cause a reasonable person to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and the nation; for purposes of this standard, a determination of lack of "good moral character" is not restricted to acts that reflect moral turpitude, but may be based upon a consideration of all aspects of a person's character; the following are indicia of a lack of good moral character:

(A) illegal conduct;

(B) conduct involving moral turpitude, including dishonesty, fraud, deceit, or misrepresentation;

(C) intentional deception or fraud, or attempted deception or fraud in an application, examination, or other document for securing employment, eligibility, or certification;

(D) conduct that adversely reflects on a person's fitness to perform as a police, probation, parole, correctional, or municipal correctional officer; examples include intoxication while on duty, unauthorized absences from duty not involving extenuating circumstances, or a history of personal habits off the job which could affect the officer's performance on the job, such as excessive use of alcohol; undue familiarity with inmates, probationers, or parolees is conduct that adversely reflects on a person's fitness to perform as a probation, parole, correctional officer, or municipal correctional officer;

(E) illegal purchase, use, possession, transportation, distribution, cultivation, manufacture, or sale of any controlled substance, any imitation controlled substance, or alcohol in an area that has adopted a local option under AS 04.11.490 - 04.11.500;

(8) "imitation controlled substance" means an imitation controlled substance as defined in AS 11.73.099 ;

(9) "misdemeanor" means a crime classified as a misdemeanor in Alaska at the time the crime was committed; a crime committed in another jurisdiction for which there was a conviction in that jurisdiction by a civilian or military court is a misdemeanor conviction if the crime has elements similar to those of a misdemeanor under Alaska law at the time the offense was committed; for purposes of determining whether, under this paragraph, a crime is to be considered a misdemeanor or whether a conviction is to be considered a misdemeanor conviction, an offense punishable as a misdemeanor in Alaska or under the law of another jurisdiction that results in a completed suspended imposition of sentence, expungement of record, or a pardon is a misdemeanor conviction unless the offense was committed by the person before the age of 21;

(10) "moral turpitude" means an act

(A) contrary to justice, honesty, principle, or good morals;

(B) that violates the private and social duties that a person owes to another or to society in general; or

(11) "parole officer" has the meaning given in AS 18.65.290 ;

(12) "participating police department" includes the Alaska Department of Public Safety and a police department of any political subdivision of the state that has not excluded itself under the provision of AS 18.65.280 (b);

(13) "police department" means a civil force of police officers organized by the state or a political subdivision of the state whose basic purpose and function is to maintain peace and order and to prevent and investigate criminal offenses;

(14) "probation officer" has the meaning given in AS 18.65.290 ;

(15) "probationary period" means employment as a police, probation, parole, correctional, or municipal correctional officer for a period of 12 consecutive months with a single police department or a single correctional agency; separation of less than 91 consecutive days will be considered unbroken;

(16) "serious physical injury" means serious physical injury as defined in AS 11.81.900 ;

(17) "undue familiarity" means developing, or attempting to develop, an intimate, personal, or financial relationship with an inmate, probationer, or parolee, or otherwise failing to maintain an appropriate professional relationship with an inmate, probationer, or parolee;

(18) "DWI offense" means the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated under AS 28.35.030 or another law or ordinance with substantially similar elements, or of refusal to submit to a chemical test under AS 28.35.032 or another law or ordinance with substantially similar elements;

(19) "for cause other than dishonesty or misconduct" means inefficiency, incompetence, or some other reason that adversely affects the ability and fitness of the officer to perform job duties or that is detrimental to the reputation, integrity, or discipline of the department or agency where the officer works, including conduct that adversely reflects on a person's fitness to perform as a police, probation, parole, correctional, or municipal correctional officer; "for cause other than dishonesty or misconduct" includes intoxication while on duty, unauthorized absences from duty not involving extenuating circumstances, a history of personal habits off the job that could affect the officer's performance on the job, such as excessive use of alcohol, and undue familiarity with inmates, probationers, or parolees;

(20) "crime of domestic violence" means an offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon, and the offense was committed by a person against a victim, both of whom are described in 18 U.S.C. 921(a)(33)(A)(ii), as that provision read on March 17, 1998;

(21) "criminal justice activity" has the meaning given in AS 12.62.900 ;

(22) "deadly weapon" has the meaning given in AS 11.81.900 (b);

(23) "expunged" means that the central repository for criminal history records, in the jurisdiction in which a conviction was issued, has destroyed or sealed the record of conviction so that the record is not available for dissemination for any criminal justice activity;

(24) "force" has the meaning given in AS 11.81.900 (b);

(25) "jurisdiction" means a state, territory, or commonwealth of the United States;

(26) "municipal correctional officer" has the meaning given in AS 18.65.290 .

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 9/6/96, Register 139; am 7/15/98, Register 147; am 3/25/2001, Register 157; am 4/12/2001, Register 158; am 6/13/2002, Register 162

Authority: AS 18.65.220

Editor's note: Before Register 115, 13 AAC 85.900 was numbered as 13 AAC 85.150. The history note for 13 AAC 85.900 contains the history of the definition section under its former number.

The reference set out in 13 AAC 85.900(20) to "by a person against a victim, both of whom are described in 18 U.S.C. 921(a)(33)(A)(ii), as that provision read on March 17, 1998" is a reference to the commission of the offense "by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of a victim."

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