HF 855

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2023 10:19am

A bill for an act
relating to public safety; establishing a public safety innovation board; providing
for community safety grants; providing for body camera data storage; providing
for law enforcement policy; providing civilian oversight of law enforcement;
requiring a report; providing for rulemaking; appropriating money; amending
Minnesota Statutes 2022, sections 13.825, subdivision 2; 214.10, subdivision 10;
626.843, by adding a subdivision; 626.8473, subdivision 3; 626.89, subdivision
17; Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision
3; proposing coding for new law in Minnesota Statutes, chapter 299A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

COMMUNITY SAFETY GRANTS

Section 1.

new text begin [299A.625] PUBLIC SAFETY INNOVATION BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Public Safety Innovation Board is established in the
Office of Justice Programs within the Department of Public Safety. The board has the powers
and duties described in this section.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Public Safety Innovation Board is composed of the
following members:
new text end

new text begin (1) three individuals with experience conducting research in the areas of crime, policing,
or sociology while employed by an academic or nonprofit entity, appointed by the governor;
new text end

new text begin (2) five individuals appointed by the governor of whom:
new text end

new text begin (i) one shall be a victim of a crime or an advocate for victims of crime;
new text end

new text begin (ii) one shall be a person impacted by the criminal justice system or an advocate for
defendants in criminal cases; and
new text end

new text begin (iii) one shall have a background in social work;
new text end

new text begin (3) four members representing the community-specific boards established under sections
3.922 and 15.0145, with one appointment made by each board; and
new text end

new text begin (4) three members representing law enforcement, with one appointment by the Minnesota
Sheriffs' Association, one by the Minnesota Chiefs of Police Association, and one by the
Minnesota Police and Peace Officers Association.
new text end

new text begin (b) The members of the board shall elect one member to serve as chair.
new text end

new text begin Subd. 3. new text end

new text begin Terms; removal; vacancy. new text end

new text begin (a) Members are appointed to serve three-year
terms following the initial staggered-term lot determination and may be reappointed.
new text end

new text begin (b) Initial appointment of members must take place by August 1, 2023. The initial term
of members appointed under paragraph (a) shall be determined by lot by the secretary of
state and shall be as follows:
new text end

new text begin (1) five members shall serve one-year terms;
new text end

new text begin (2) five members shall serve two-year terms; and
new text end

new text begin (3) five members shall serve three-year terms.
new text end

new text begin (c) A member may be removed by the appointing authority at any time for cause, after
notice and hearing.
new text end

new text begin (d) If a vacancy occurs, the appointing authority shall appoint a new qualifying member
within 90 days.
new text end

new text begin (e) Compensation of board members is governed by section 15.0575.
new text end

new text begin Subd. 4. new text end

new text begin Powers and duties. new text end

new text begin The board shall improve public safety by increasing the
efficiency, effectiveness, and capacity of public safety providers and has the following
powers and duties:
new text end

new text begin (1) monitoring trends in crime within Minnesota;
new text end

new text begin (2) reviewing research on criminal justice and public safety;
new text end

new text begin (3) providing information on criminal trends and research to the commissioner,
municipalities, and the legislature;
new text end

new text begin (4) awarding grants;
new text end

new text begin (5) evaluating grant applications to assure compliance with evidence-based practices;
new text end

new text begin (6) assuring an efficient and expeditious distribution of grant funds; and
new text end

new text begin (7) working with the Minnesota Statistical Analysis Center to identify appropriate
outcomes to track on an annual basis for both programs receiving grants and local
communities for the purpose of monitoring trends in public safety and the impact of specific
programmatic models.
new text end

new text begin Subd. 5. new text end

new text begin Meetings. new text end

new text begin The board shall meet at least monthly. Meetings of the board are
subject to chapter 13D.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The board shall report to the legislative committees and divisions with
jurisdiction over public safety on the work of the board; the implementation, use, and
administration of grant programs under the board's jurisdiction; all grants issued by the
Office of Justice Programs to local law enforcement agencies for portable recording systems;
the outcomes tracked on an annual basis by the Minnesota Statistical Analysis Center; and
a summary and analysis of the evaluation programs completed by grant recipients in the
previous year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin OFFICE OF JUSTICE PROGRAMS; EXPANSION; APPROPRIATION.
new text end

new text begin (a) $4,852,000 in fiscal year 2024 and $4,852,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of public safety to increase staffing in the Office
of Justice Programs, work to simplify grant procedures, and expand the pool of grant
applicants. Money must be used as provided in paragraphs (b) to (f).
new text end

new text begin (b) The commissioner shall hire at least eight additional staff members to provide training
and technical assistance to grantees and potential grantees. Technical assistance must include
training on grant applications and programmatic elements required to qualify for grants.
The additional staff must hold weekly meetings in communities around the state to provide
information about the Office of Justice Programs, available grants, and grant processes and
requirements, and to receive feedback on the needs of communities in order to inform the
policies and practices of the Office of Justice Programs.
new text end

new text begin (c) The commissioner shall hire 12 additional community outreach specialists to leverage
relationships, knowledge, and experience in different communities. The community outreach
specialists shall make suggested changes to the practices and procedures of the Office of
Justice Programs to make them more accessible.
new text end

new text begin (d) The commissioner shall hire grant capacity trainers to implement the suggestions of
the community outreach specialists to continually expand the reach of the new training and
meet the needs identified by communities.
new text end

new text begin (e) The commissioner shall increase the funding of the Minnesota Statistical Analysis
Center to create a uniform evaluation program for all grantees.
new text end

new text begin (f) The commissioner shall hire additional grant compliance and financial compliance
staff to support the Office of Justice Programs and grantees in meeting state and federal
requirements and audits.
new text end

Sec. 3. new text begin PUBLIC SAFETY INNOVATION BOARD; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
public safety to establish and maintain the Public Safety Innovation Board.
new text end

ARTICLE 2

BODY CAMERA DATA

Section 1.

Minnesota Statutes 2022, section 13.825, subdivision 2, is amended to read:

Subd. 2.

Data classification; court-authorized disclosure.

(a) Data collected by a
portable recording system are private data on individuals or nonpublic data, subject to the
following:

(1) new text begin all government new text end data that new text begin record, describe, or otherwise new text end document new text begin actions and
circumstances surrounding either new text end the discharge of a firearm by a peace officer in the course
of duty, if a notice is required under section 626.553, subdivision 2, or the use of force by
a peace officer that results in substantial bodily harm, as defined in section 609.02,
subdivision 7a, are public;

(2) data are public if a subject of the data requests it be made accessible to the public,
except that, if practicable, (i) data on a subject who is not a peace officer and who does not
consent to the release must be redacted, and (ii) data on a peace officer whose identity is
protected under section 13.82, subdivision 17, clause (a), must be redacted;

(3) portable recording system data that are active criminal investigative data are governed
by section 13.82, subdivision 7, and portable recording system data that are inactive criminal
investigative data are governed by this section;

(4) portable recording system data that are public personnel data under section 13.43,
subdivision 2, clause (5), are public; and

(5) data that are not public data under other provisions of this chapter retain that
classification.

new text begin (b) Notwithstanding section 13.82, subdivision 7, a deceased individual's next of kin,
legal representative of the next of kin, or other parent of the deceased individual's children
is entitled to view any and all recordings from a peace officer's portable recording system
and police vehicle dashboard camera, redacted no more than what is required by law, that
documents the use of deadly force no later than five business days following an incident
where deadly force used by a peace officer results in the death of an individual, except that
a chief law enforcement officer may deny a request if the investigating agency requests and
can articulate a compelling reason as to why allowing the deceased individual's next of kin,
legal representative of next of kin, or other parent of the deceased individual's children to
review the recordings would interfere with a thorough investigation. If the chief law
enforcement officer denies a request under this paragraph, the involved officer's agency
must issue a prompt, written denial and provide notice to the deceased individual's next of
kin, legal representative of the next of kin, or other parent of the deceased individual's
children that relief may be sought from the district court.
new text end

new text begin (c) Notwithstanding section 13.82, subdivision 7, an involved officer's agency shall
release all body-worn camera and police vehicle dashboard camera recordings of an incident
where a peace officer used deadly force and an individual dies to the public no later than
14 business days after the incident, except that a chief law enforcement officer shall not
release the video if the investigating agency asserts in writing that allowing the public to
view the recordings would interfere with the ongoing investigation.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end A law enforcement agency may redact or withhold access to portions of data that
are public under this subdivision if those portions of data are clearly offensive to common
sensibilities.

deleted text begin (c) deleted text end new text begin (e) new text end Section 13.04, subdivision 2, does not apply to collection of data classified by
this subdivision.

deleted text begin (d) deleted text end new text begin (f) new text end Any person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under paragraph (b)
to redact or withhold access to portions of data because the data are clearly offensive to
common sensibilities. The person bringing the action must give notice of the action to the
law enforcement agency and subjects of the data, if known. The law enforcement agency
must give notice to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The court may order that all or part of the data be released
to the public or to the person bringing the action. In making this determination, the court
shall consider whether the benefit to the person bringing the action or to the public outweighs
any harm to the public, to the law enforcement agency, or to a subject of the data and, if
the action is challenging a determination under paragraph (b), whether the data are clearly
offensive to common sensibilities. The data in dispute must be examined by the court in
camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
obtain access to portable recording system data under the Rules of Criminal Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin BODY CAMERA DATA STORAGE PROGRAM; BODY CAMERA GRANT
PROGRAM; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "local law enforcement agency" has
the meaning given to "law enforcement agency" in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (f), but does not include a unit of state government.
new text end

new text begin Subd. 2. new text end

new text begin Body camera data storage program. new text end

new text begin (a) $6,016,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of public safety to develop and
administer a statewide cloud-based body camera data storage program. Of this amount, the
commissioner may use up to $1,000,000 to retain and compensate a staff necessary to
administer the program. The base for this appropriation is $6,036,000 in fiscal year 2025
and $6,057,000 in fiscal year 2026. The base for this appropriation is $0 in fiscal year 2027
and beyond.
new text end

new text begin (b) State and local law enforcement agencies may voluntarily participate in the body
camera data storage program, but must agree to the conditions established in subdivision
4.
new text end

new text begin Subd. 3. new text end

new text begin Body camera grant program. new text end

new text begin (a) $9,000,000 in fiscal year 2024 is appropriated
from the general fund to the commissioner of public safety for grants administered by the
Office of Justice Programs as directed by the Public Safety Innovation Board to local law
enforcement agencies for portable recording systems. The executive director shall award
grants to local law enforcement agencies for the purchase and maintenance of portable
recording systems and portable recording system data.
new text end

new text begin (b) The executive director must give preference to applicants that satisfy any of the
following criteria:
new text end

new text begin (1) agree to store body camera data in the statewide cloud-based body camera data
storage program; or
new text end

new text begin (2) do not have an existing body camera program.
new text end

new text begin (c) The executive director must award at least 25 percent of grant funds to applicants
located outside of the seven-county metropolitan area.
new text end

new text begin (d) The executive director must award at least 25 percent of grant funds to applicants
with existing body camera programs for maintenance and necessary upgrades to body camera
equipment.
new text end

ARTICLE 3

LAW ENFORCEMENT POLICY

Section 1.

Minnesota Statutes 2022, section 214.10, subdivision 10, is amended to read:

Subd. 10.

Board of Peace Officers Standards and Training; receipt of
complaint.

Notwithstanding the provisions of subdivision 1 to the contrary, when the
executive director or any member of the Board of Peace Officer Standards and Training
produces or receives a written statement or complaint that alleges a violation of a statute or
rule that the board is empowered to enforce, the executive director shall designate the
appropriate law enforcement agency to investigate the complaint and deleted text begin shall deleted text end new text begin may new text end order it to
conduct an inquiry into the complaint's allegations. The investigating agency must complete
the inquiry and submit a written summary of it to the executive director within 30 days of
the order for inquiry.

Sec. 2.

Minnesota Statutes 2022, section 626.843, is amended by adding a subdivision to
read:

new text begin Subd. 1c. new text end

new text begin Rules governing certain misconduct. new text end

new text begin No later than January 1, 2025, the
board must adopt rules under chapter 14 that permit the board to take disciplinary action
on a licensee for a violation of a standard of conduct in Minnesota Rules, chapter 6700,
whether or not criminal charges have been filed and in accordance with the evidentiary
standards and civil processes for boards under chapter 214.
new text end

Sec. 3.

Minnesota Statutes 2022, section 626.8473, subdivision 3, is amended to read:

Subd. 3.

Written policies and procedures required.

(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.

(b) At a minimum, the written policy must incorporate new text begin and require compliance with new text end the
following:

(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable law new text begin . The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited, and unredacted recording
of a peace officer using deadly force must be maintained indefinitely new text end ;

(2) new text begin mandate that a portable recording system be:
new text end

new text begin (i) worn where it affords an unobstructed view, and above the mid-line of the waist;
new text end

new text begin (ii) activated during all contacts with citizens in the performance of official duties other
than community engagement, to the extent practical without compromising officer safety;
and
new text end

new text begin (iii) activated when the officer arrives on scene of an incident and remain active until
the conclusion of the officer's duties at the scene of the incident;
new text end

new text begin (3) mandate that officers assigned a portable recording system wear and operate the
system in compliance with the agency's policy adopted under this section while performing
law enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
new text end

new text begin (4) mandate that, notwithstanding any law to the contrary, a deceased individual's next
of kin, legal representative of the next of kin, or other parent of the deceased individual's
children be entitled to view any and all recordings from a peace officer's portable recording
system, redacted no more than what is required by law, of an officer's use of deadly force
no later than five business days following an incident where deadly force used by a peace
officer results in the death of an individual, except that a chief law enforcement officer may
deny a request if the investigating agency requests and can articulate a compelling reason
as to why allowing the deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children to review the recordings would
interfere with a thorough investigation. If the chief law enforcement officer denies a request
under this paragraph, the involved officer's agency must issue a prompt, written denial and
provide notice to the deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children that relief may be sought from the
district court;
new text end

new text begin (5) mandate that, notwithstanding any law to the contrary, an involved officer's agency
shall release all body-worn camera recordings of an incident where a peace officer used
deadly force and an individual dies to the public no later than 14 business days after the
incident, except that a chief law enforcement officer shall not release the video if the
investigating agency asserts in writing that allowing the public to view the recordings would
interfere with the ongoing investigation;
new text end

new text begin (6) new text end procedures for testing the portable recording system to ensure adequate functioning;

deleted text begin (3) deleted text end new text begin (7) new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;

deleted text begin (4) deleted text end new text begin (8) new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;

deleted text begin (5) deleted text end new text begin (9) new text end circumstances under which a data subject must be given notice of a recording;

deleted text begin (6) deleted text end new text begin (10) new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;

deleted text begin (7) deleted text end new text begin (11) new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and

deleted text begin (8) deleted text end new text begin (12) new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.

new text begin (c) The board has authority to inspect state and local law enforcement agency policies
to ensure compliance with this section. The board may conduct this inspection based upon
a complaint it receives about a particular agency or through a random selection process.
The board may impose licensing sanctions and seek injunctive relief under section 214.11
for an agency's or licensee's failure to comply with this section.
new text end

Sec. 4.

Minnesota Statutes 2022, section 626.89, subdivision 17, is amended to read:

Subd. 17.

Civilian review.

new text begin (a) As used in this subdivision, the following terms have the
meanings given:
new text end

new text begin (1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end

new text begin (2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end

new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
other deleted text end oversight deleted text begin body shall not have deleted text end new text begin council and grant the council new text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text begin A civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end

new text begin (c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council may submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end

new text begin (d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end

new text begin (e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end

new text begin (f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end

Sec. 5.

Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3,
is amended to read:

Subd. 3. Peace Officer Training Assistance

Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund." new text begin These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8469
(training in crisis response, conflict
management, and cultural diversity), 626.8452
(use of force), and 626.8474 (autism training).
new text end

Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualifications deleted text begin , including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provided deleted text end ; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.

The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.

A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.

Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.

Sec. 6. new text begin PEACE OFFICER STANDARDS AND TRAINING BOARD
INVESTIGATORS; APPROPRIATION.
new text end

new text begin $1,450,000 in fiscal year 2024 and $1,203,000 in fiscal year 2025 are appropriated from
the general fund to the Peace Officer Standards and Training Board to hire investigators
and additional staff to perform compliance reviews and investigate alleged code of conduct
violations, and to obtain or improve equipment for that purpose.
new text end