Alaska Administrative Code › Title 13 - Public Safety › Part 6 - Alaska Police Standards Council › Chapter 85 - Minimum Standards for Police, Probation, Parole, Correctional, and Municipal Correctional Officers › Article 3 - Definitions › 13 AAC 85.900 - Definitions

Current through May 31, 2024
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(6) repealed 8/8/2007;
(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 this state and the United States; for purposes of
				  this standard, a determination of lack of "good moral character" may be based
				  upon a consideration of all aspects of a person's character;
(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)
				  repealed 8/8/2007;
(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, or
				  otherwise failing to maintain an appropriate professional
				  relationship;
(18) "DUI offense"
				  means an offense under
				  AS
				  28.35.030 or another law or ordinance with
				  substantially similar elements, or an offense of refusal to submit to a
				  chemical test under
				  AS
				  28.35.032 or another law or ordinance with
				  substantially similar elements;
(19) repealed 8/8/2007;
(20) "crime of domestic violence" has the
				  meaning given in
				  AS
				  18.66.990;
(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;
(27) "crime of dishonesty" means a crime
				  under AS 11.46, or a crime under a similar statute or ordinance of this state
				  or another jurisdiction;
(28)
				  "crime of moral turpitude" means a felony and any other crime that contains
				  reckless, knowing, or intentional as the culpable mental element;
(29) "surrendered" means to have voluntarily
				  relinquished a certificate issued under AS 18.65 and this chapter, or a similar
				  provision of the law of the issuing jurisdiction, to avoid possible revocation
				  of the certificate.
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.
Authority:
AS
						18.65.220
AS 18.65.240
AS 18.65.242
AS 18.65.285
AS
						18.65.290