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Use-of-Force Continuum: Alaska Statutory Definitions

Training

Citation

Alaska Stat. § 11.81.370

First enacted 1978

Effective date 2019

Summary and Notes

General statute defines instances where the use of force is justifiable by a peace officer making an arrest or terminating an escape.

Relevant Excerpt

An officer may use nondeadly force and may threaten to use deadly force to the extent the officer reasonably believes it is necessary to make an arrest, to terminate an escape or attempted escape from custody or to make a lawful stop.

An officer may use deadly force only to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape from custody of a person that the officer reasonably believes (i) has committed or attempted to commit a felony involving the use of force against a person, (ii) has escaped or is attempting to escape from custody while in possession of a firearm, or (iii) may otherwise endanger life or inflict serious personal injury unless arrested without delay.

Alaska Department of Public Safety, Operating Policies Manual, Ch. 107

First enacted Nov. 2, 2015

Effective date Nov. 13, 2020

Manual defines when use of deadly force for officers under the Alaskan state Department of Public Safety may use deadly force.

Prior to using force, but only when practical, an officer shall give a verbal warning to communicate that force would be used.

The policy further elaborates upon the Alaska statutes, providing that deadly force may only be used against another person when the office "has no other reasonable and practical alternative" and reasonably believes deadly force is necessary (i) to save his/her own life or the life of another, (ii) to prevent serious physical injury to the officer or another or (iii) because there is probable cause to believe that person has committed a felony using deadly force against another and will immediately endanger life.

Juneau Police Department, Regulations Operations Manual, Ch. 2

First enacted Sep. 15, 2004

Effective date Mar. 17, 2016

Manual defines when officers under the Juneau Police Department may use deadly force.

Prior to using force, attempts will be made to "control through advice, warnings, and persuasion" however, this is not required in situations where there is resistance, a threat to life or a threat of physical force against officers or others and verbal persuasion has not been effective, is not feasible, or would appear to be ineffective.

Anchorage Police Department, Regulations and Procedures Manual, 3.05.025

First enacted Feb. 4, 2019

Effective date Jun. 6, 2020

Manual defines the Anchorage Police Department's "response to resistance" policies.

Prior to using force, a verbal warning is required, but only when "tactically feasible," and not in situations where the officer "has to make a split second decisions" or "reasonably believes that issuing a warning would place the safety of the officer or others in jeopardy." The policy defines "De-escalation" but does not use the term.

Alaska Admin. Code, 13 AAC 85.050(b)(3), (11) & (30)

First enacted and effective Oct. 1, 2020

Administrative code defines basic requirements/broad topics for police officer basic training.

Basic training curriculum includes courses on ethics, cultural diversity and "use of force."

Alaska Admin. Code, 13 AAC 87.060(a)(2)(B)

First enacted and effective Oct. 1, 2020

Administrative code defines basic requirements/broad topics for correctional officer basic training.

Unlike the requirements for police officers which simply requires training to include “use of force” the required curriculum for correctional officers includes “use of force, firearms certification, other less lethal weapons certification, and use of restraints.”

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