1.1 	A bill for an act
1.2 	relating to corrections; creating discipline
1.3 	procedures for correctional officers; proposing coding
1.4 	for new law in Minnesota Statutes, chapter 241.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [241.026] CORRECTIONAL OFFICERS DISCIPLINE
1.7 	PROCEDURES.
1.8 		Subdivision 1.Definitions. (a) For purposes of this
1.9 	section, the terms defined in this subdivision have the meanings
1.10 	given them.
1.11 	(b) "Correctional officer" and "officer" mean a person
1.12 	employed by the state, a state correctional facility, or a local
1.13 	correctional or detention facility in a security capacity.
1.14 	(c) "Formal statement" means the questioning of an officer
1.15 	in the course of obtaining a recorded, stenographic, or signed
1.16 	statement to be used as evidence in a disciplinary proceeding
1.17 	against the officer.
1.18 		Subd. 2.Applicability. The procedures and provisions of
1.19 	this section apply to state and local correctional authorities.
1.20 		Subd. 3.Governing formal statement procedures. The
1.21 	formal statement of an officer must be taken according to
1.22 	subdivision 4.
1.23 		Subd. 4.Place of formal statement. The formal statement
1.24 	must be taken at a facility of the employing or investigating
1.25 	agency or at a place agreed to by the investigating individual
2.1 	and the investigated officer.
2.2 		Subd. 5.Admissions. Before an officer's formal
2.3 	statement is taken, the officer shall be advised in writing or
2.4 	on the record that admissions made in the course of the formal
2.5 	statement may be used as evidence of misconduct or as a basis
2.6 	for discipline.
2.7 		Subd. 6.Disclosure of financial records. No employer
2.8 	may require an officer to produce or disclose the officer's
2.9 	personal financial records except pursuant to a valid search
2.10 	warrant or subpoena.
2.11 		Subd. 7.Release of photographs. No state or local
2.12 	correctional facility or governmental unit may publicly release
2.13 	photographs of an officer without the written permission of the
2.14 	officer, except that the facility or unit may display a
2.15 	photograph of an officer to a prospective witness as part of an
2.16 	agency or unit investigation.
2.17 		Subd. 8.Disciplinary letter. No disciplinary letter or
2.18 	reprimand may be included in an officer's personnel record
2.19 	unless the officer has been given a copy of the letter or
2.20 	reprimand.
2.21 		Subd. 9.Retaliatory action prohibited. No officer may
2.22 	be discharged, disciplined, or threatened with discharge or
2.23 	discipline as retaliation for or solely by reason of the
2.24 	officer's exercise of the rights provided by this section.
2.25 		Subd. 10.Rights not reduced. The rights of officers
2.26 	provided by this section are in addition to and do not diminish
2.27 	the rights and privileges of officers that are provided under an
2.28 	applicable collective bargaining agreement or any other
2.29 	applicable law.
2.30 	
EFFECTIVE DATE. This section is effective July 1, 2005.