Minnesota Legislature
HF 729
as introduced - 92nd Legislature (2021 - 2022) Posted on 04/22/2021 09:16pm
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A bill for an act
relating to public safety; providing for a new name for an advisory council;
amending Minnesota Statutes 2020, sections 626.8435; 626.8457, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 626.8435, is amended to read:
626.8435 deleted text begin ENSURING POLICE EXCELLENCE AND IMPROVING COMMUNITY
RELATIONS ADVISORYdeleted text end new text begin PEACE OFFICER STANDARDS AND TRAINING
BOARD CITIZEN'Snew text end COUNCIL.
Subdivision 1.
Establishment and membership.
The deleted text begin Ensuring Police Excellence and
Improving Community Relations Advisorydeleted text end new text begin Peace Officer Standards and Training Board
Citizen'snew text end Council is established under the Peace Officer Standards and Training Board. The
council consists of the following 15 members:
(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
(2) the executive director of the Peace Officer Standards and Training Board, or a
designee;
(3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
(4) the executive director of the Minnesota Sheriffs' Association, or a designee;
(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
(6) six community members, of which:
(i) four members shall represent the community-specific boards established under section
257.0768, reflecting one appointment made by each board;
(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
chapter of the National Alliance on Mental Illness; and
(iii) one member shall be an advocate for victims and shall be appointed by Violence
Free Minnesota; and
(7) four members appointed by the legislature, of which one shall be appointed by the
speaker of the house, one by the house minority leader, one by the senate majority leader,
and one by the senate minority leader.
The appointing authorities shall make their appointments by September 15, 2020, and
shall ensure geographical balance when making appointments.
Subd. 2.
Purpose and duties.
(a) The purpose of the council is to assist the board in
maintaining policies and regulating peace officers in a manner that ensures the protection
of civil and human rights. The council shall provide for citizen involvement in policing
policies, regulations, and supervision. The council shall advance policies and reforms that
promote positive interactions between peace officers and the community.
(b) The board chair must place the council's recommendations to the board on the board's
agenda within four months of receiving a recommendation from the council.
Subd. 3.
Organization.
The council shall be organized and administered under section
15.059, except that the council does not expire. Council members serve at the pleasure of
the appointing authority. The council shall select a chairperson from among the members
by majority vote at its first meeting. The executive director of the board shall serve as the
council's executive secretary.
Subd. 4.
Meetings.
The council must meet at least quarterly. Meetings of the council
are governed by chapter 13D. The executive director of the Peace Officer Standards and
Training Board shall convene the council's first meeting, which must occur by October 15,
2020.
Subd. 5.
Office support.
The executive director of the Peace Officer Standards and
Training Board shall provide the council with the necessary office space, supplies, equipment,
and clerical support to effectively perform the duties imposed.
Subd. 6.
Reports.
The council shall submit a report by February 15 of each year to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice policy and the board. At a minimum,
the report shall include:
(1) all recommendations presented to the board and how the board acted on those
recommendations;
(2) recommendations for statutory reform or legislative initiatives intended to promote
police-community relations; and
(3) updates on the council's review and determinations.
Sec. 2.
Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:
Subd. 3.
Report on alleged misconduct; database; report.
(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.
(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public and submitted using encrypted data that
the board determines is necessary to:
(1) evaluate the effectiveness of statutorily required training;
(2) assist the deleted text begin Ensuring Police Excellence and Improving Community Relations Advisorydeleted text end new text begin
Peace Officer Standards and Training Board Citizen'snew text end Council in accomplishing the council's
duties; and
(3) allow for the board, the deleted text begin Ensuring Police Excellence and Improving Community
Relations Advisorydeleted text end new text begin Peace Officer Standards and Training Board Citizen'snew text end Council, and the
board's complaint investigation committee to identify patterns of behavior that suggest an
officer is in crisis or is likely to violate a board-mandated model policy.
(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.
(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.
(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.