Alaska Admin. Code tit. 13, § 85.900
Definitions
Effective Jan 19, 2025Alaska Register 253(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; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 4/6/2018, Register 226; am 6/17/2020, Register 234; am 1/19/2025, Register 253) | Authority: AS 18.65.220, AS 18.65.242, AS 18.65.290, AS 18.65.240, AS 18.65.285
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- (6) repealed 8/8/2007;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"
- (A) has the meaning given in AS 18.65.290;
- (B) includes a person who performs the duties of a pretrial services officer under AS 33.07 and whose Department of Corrections job classification is probation officer;
- (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;
- (30) "public safety employee" means a full-time employee of a participating police department or correctional agency.
(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; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; am 4/6/2018, Register 226; am 6/17/2020, Register 234; am 1/19/2025, Register 253)
Authority: AS 18.65.220, AS 18.65.242, AS 18.65.290, AS 18.65.240, AS 18.65.285