Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 44.41.140 - [Effective 1/1/2025] Missing and murdered indigenous persons review commission(a) The Missing and Murdered Indigenous Persons Review Commission is established in the Department of Public Safety.(b) The commission consists of nine members, including (1) the commissioner of public safety, or the commissioner's designee;(2) the commissioner of family and community services, or the commissioner's designee;(3) one member from a municipal police department, appointed by the governor;(4) one member who is a village public safety officer, village public officer, or tribal police officer, appointed by the governor;(5) one member from a victim advocacy organization or similar service provider, appointed by the governor;(6) one member from an Alaska Native tribal organization or entity, appointed by the governor;(7) two members from the legislature, serving as ex officio nonvoting members, one of whom shall be appointed by the president of the senate and one of whom shall be appointed by the speaker of the house of representatives; and(8) one member who is a prosecutor with prosecutorial experience in homicide cases, appointed by the attorney general.(c) Public members of the commission appointed under (a)(3) - (6) and (8) of this section serve for three years and may not serve more than two consecutive terms on the commission.(d) Vacancies on the commission shall be filled in the same manner as original appointment.(e) The commissioner of public safety or the commissioner's designee is the chair of the commission.(f) Members of the commission receive no compensation but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180.(g) The commission shall review unresolved cases involving missing and murdered indigenous persons from different state regions that are identified by the Department of Public Safety to(1) examine the trends and patterns related to missing and murdered indigenous persons; and(2) make policy, practice, and service recommendations to the Department of Public Safety to encourage collaboration and reduce cases involving indigenous persons.(h) A person attending a meeting of the commission or a member or staff of the commission may not disclose information obtained during the review of a case by the commission.(i) Documents, materials, and reports obtained or compiled by the commission or a designated representative of the commission in the course of reviewing a case involving a missing or murdered indigenous person under this section are confidential and are not public records under AS 40.25.110 - 40.25.125 or subject to discovery or subpoena in connection with a criminal or civil proceeding. A person may not be compelled to disclose information relating to the documents, materials, and reports through subpoena, discovery, or testimony in a criminal or civil proceeding. Nothing in this subsection prohibits a member of the commission from prosecuting a criminal case or otherwise participating in a civil or criminal proceeding as part of, or relating to, the member's normal course of employment if the criminal case or civil or criminal proceeding involves a case reviewed by the commission. The confidential status of documents, materials, or reports obtained by the commission does not preclude the discoverability or subpoena of those documents, materials, or reports from other agencies or sources. This section does not affect whether a document, material, or report obtained or compiled by the commission is otherwise publicly available.(j) A member of the commission who knowingly uses documents, materials, reports, or information for a purpose not authorized under (g) or (n) of this section or discloses information in violation of this section is subject to a civil penalty of not more than $500 for each instance of unauthorized use or disclosure.(k) Meetings of the commission are closed to the public and not subject to the provisions of AS 44.62.310 - 44.62.319 (Open Meetings Act). Meetings shall take place not less than four times each calendar year, at least one of which shall take place in person.(l) The Department of Public Safety shall confer with the commission to establish standardized methods for investigating missing person reports, including for investigating missing persons reports and data collection for cases involving missing indigenous persons.(m) The Department of Public Safety may collaborate with the commission for public outreach purposes.(n) The commission shall prepare a report of the commission's findings and recommendations. Not later than January 1 every three years, the commission shall submit the report to the senate secretary and chief clerk of the house of representatives and notify the legislature that the report is available. The commission shall make the report publicly available through the Department of Public Safety.(o) In this section, "commission" means the Missing and Murdered Indigenous Persons Review Commission.Added by SLA 2024, ch. 53,sec. 4, eff. 1/1/2025.