13 AAC 85.900 - Definitions

Current through September 28, 2021

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(6) repealed 8/8/2007;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(10) repealed 8/8/2007;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.

Notes

13 AAC 85.900
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, October 2016 ; am 6/17/2020,Register 234, July 2020

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

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