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Initial Report and Recommendations - Alaska Department of Law

Initial Report and Recommendations - Alaska Department of Law

Initial Report and Recommendations - Alaska Department of Law

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Chapter II. Charge to the Commission <strong>and</strong> the Commission’sProcessesA. Congressional ChargeThe Omnibus Appropriations Act <strong>of</strong> 2004 (Public <strong>Law</strong> 108-199) includedlanguage that established the <strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission.The relevant portion <strong>of</strong> Section 112 from that Act is quoted below:SEC. 112. (a)(2)(A) There is established an <strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong>Enforcement Commission (hereinafter ‘Justice Commission’). The UnitedState’s Attorney General shall appoint the Justice Commission which shallinclude a Federal Co-chairman, the Attorney General for the State <strong>of</strong><strong>Alaska</strong> or his designee who shall act as the State Co-chairman, theCommissioner <strong>of</strong> Public Safety for the State <strong>of</strong> <strong>Alaska</strong>, a representativefrom the <strong>Alaska</strong> Municipal League, a representative from an organizedborough, a representative <strong>of</strong> the <strong>Alaska</strong> Federation <strong>of</strong> Natives, a tribalrepresentative, a representative from a non-pr<strong>of</strong>it Native corporation thatoperates Village Public Safety Officer programs, <strong>and</strong> a representative fromthe <strong>Alaska</strong> Native Justice Center. The chief judge for the Federal DistrictCourt for the District <strong>of</strong> <strong>Alaska</strong> may also appoint a non-votingrepresentative to provide technical support. The Justice Commission mayhire such staff as is necessary to assist with its work.(B) The Justice Commission shall review Federal, State,local, <strong>and</strong> tribal jurisdiction over civil <strong>and</strong> criminal matters in <strong>Alaska</strong> butoutside the Municipality <strong>of</strong> Anchorage, the Fairbanks North Star Borough,the Kenai Peninsula Borough, the Matanuska-Susitna Borough, the City<strong>and</strong> Borough <strong>of</strong> Juneau, the Sitka Borough, <strong>and</strong> the Ketchikan Borough. Itshall make recommendations to Congress <strong>and</strong> the <strong>Alaska</strong> State Legislatureno later than May 1, 2004, on options which shall include the following--(i) create a unified law enforcement system,court system, <strong>and</strong> system <strong>of</strong> local laws or ordinances for <strong>Alaska</strong> Nativevillages <strong>and</strong> communities <strong>of</strong> varying sizes including the possibility <strong>of</strong> first,second, <strong>and</strong> third class villages with different powers;(ii) meet the law enforcement <strong>and</strong> judicialpersonnel needs in rural <strong>Alaska</strong> including the possible use <strong>of</strong> crossdeputization in a way that maximizes the existing resources <strong>of</strong> Federal,State, local, <strong>and</strong> tribal governments;(iii) address the needs to regulate alcoholicbeverages including the prohibition <strong>of</strong> the sale, importation, use, orpossession <strong>of</strong> alcoholic beverages <strong>and</strong> to provide restorative justice forpersons who violate such laws including treatment; <strong>and</strong><strong>Alaska</strong> Rural Justice <strong>and</strong> <strong>Law</strong> Enforcement Commission - Page 30

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