HF 2965

2nd Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to public safety; establishing a certification process for multijurisdictional 1.3gang and drug task forces; appropriating money;proposing coding for new 1.4law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008, 1.5section 299A.641. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. new text begin [299A.642] VIOLENT CRIME COORDINATING COUNCIL. new text end 1.8     new text begin Subdivision 1. new text end new text begin Coordinating council established. new text end new text begin The Violent Crime Coordinating new text end 1.9 new text begin Council is established to provide guidance related to the investigation and prosecution of new text end 1.10 new text begin gang and drug crime. For the purposes of this section, "gang and drug crime" includes new text end 1.11 new text begin violent crimes associated with gang activity. new text end 1.12     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The coordinating council shall consist of the following new text end 1.13 new text begin individuals or their designees: new text end 1.14     new text begin (1) the director of the Office of Special Investigations as the representative of the new text end 1.15 new text begin commissioner of corrections; new text end 1.16     new text begin (2) the superintendent of the Bureau of Criminal Apprehension as the representative new text end 1.17 new text begin of the commissioner of public safety; new text end 1.18     new text begin (3) the attorney general; new text end 1.19     new text begin (4) four chiefs of police, selected by the Minnesota Chiefs of Police Association, new text end 1.20 new text begin of which one must be employed by the city of Minneapolis, one must be employed by new text end 1.21 new text begin the city of St. Paul, one must be employed by a municipality located in the seven-county new text end 1.22 new text begin metropolitan area excluding Minneapolis and St. Paul, and one must be employed in new text end 1.23 new text begin greater Minnesota; new text end 2.1     new text begin (5) four sheriffs, selected by the Minnesota Sheriffs Association, of which, one must new text end 2.2 new text begin work in Hennepin County, one must work in Ramsey County, one must work in Anoka, new text end 2.3 new text begin Carver, Dakota, Scott, or Washington county, and one must work in greater Minnesota; new text end 2.4     new text begin (6) the United States attorney for the district of Minnesota; new text end 2.5     new text begin (7) two county attorneys, selected by the Minnesota County Attorneys Association, new text end 2.6 new text begin one who must work in the seven-county metropolitan area and one who must work in new text end 2.7 new text begin greater Minnesota; new text end 2.8     new text begin (8) two citizen members appointed by the commissioner of public safety in new text end 2.9 new text begin consultation with representatives from the councils of color created in sections 3.922, new text end 2.10 new text begin 3.9223, 3.9225, and 3.9226; and new text end 2.11     new text begin (9) a tribal peace officer, selected by the commissioner of public safety, in new text end 2.12 new text begin consultation with the Minnesota Indian Affairs Council. new text end 2.13 new text begin The coordinating council shall adopt procedures to govern its conduct as necessary new text end 2.14 new text begin and shall select a chair from among its members. The chair shall serve a two-year term new text end 2.15 new text begin and the appointment of the chair shall alternate between a person who works in greater new text end 2.16 new text begin Minnesota and a person who works in the seven-county metropolitan area. new text end 2.17     new text begin Subd. 3. new text end new text begin Coordinating council's duties. new text end new text begin The coordinating council shall develop an new text end 2.18 new text begin overall strategy to ameliorate the harm caused to the public by gang and drug crime within new text end 2.19 new text begin the state of Minnesota. Additionally, the coordinating council shall: new text end 2.20 new text begin (1) subject to approval by the commissioner of public safety, develop an operating new text end 2.21 new text begin procedures and policies manual to investigate gang and drug crime in a multijurisdictional new text end 2.22 new text begin manner; new text end 2.23 new text begin (2) identify and recommend a candidate or candidates for statewide coordinator to new text end 2.24 new text begin the commissioner of public safety; new text end 2.25 new text begin (3) assist the Department of Public Safety in developing grant eligibility criteria and new text end 2.26 new text begin operating an objective and conflict-free grant review application process; new text end 2.27 new text begin (4) make recommendations to the commissioner of public safety to terminate grant new text end 2.28 new text begin funding for multijurisdictional entities if an entity no longer operates in accordance with new text end 2.29 new text begin guidelines established under subdivision 4, or no longer functions in a manner consistent new text end 2.30 new text begin with the best interests of the state or public; new text end 2.31 new text begin (5) assist in developing a process to collect and share information to improve the new text end 2.32 new text begin investigation and prosecution of gang and drug offenses; new text end 2.33 new text begin (6) develop and approve an operational budget for the coordinating council; and new text end 2.34 new text begin (7) subject to approval by the commissioner of public safety, adopt narrowly new text end 2.35 new text begin tailored, objective criteria and identifying characteristics for use in determining whether new text end 2.36 new text begin individuals are or may be members of gangs involved in criminal activity. The council new text end 3.1 new text begin shall review and update the criteria and characteristics adopted under this clause every two new text end 3.2 new text begin years with the objective to ensure effectiveness and relevance to the accurate identification new text end 3.3 new text begin of subjects actively involved in criminal gang activity. As part of its review process, the new text end 3.4 new text begin council shall obtain input from members of communities that are impacted by criminal new text end 3.5 new text begin gang activity. Before adopting any changes under this clause, the council must submit its new text end 3.6 new text begin recommendations to the commissioner of public safety for approval. new text end 3.7     new text begin Subd. 4. new text end new text begin Duties and authority of commissioner. new text end new text begin (a) The commissioner of public new text end 3.8 new text begin safety shall certify multijurisdictional entities, and their designated fiscal agents, that are new text end 3.9 new text begin established pursuant to this section to combat gang and drug crime and receive grant new text end 3.10 new text begin funding under subdivision 9. To certify an entity, the commissioner shall require that a new text end 3.11 new text begin multijurisdictional entity: new text end 3.12     new text begin (1) be subject to the operational command and supervision of one of the participating new text end 3.13 new text begin agencies; new text end 3.14     new text begin (2) be subject to an operational and financial audit conducted annually by an outside new text end 3.15 new text begin independent entity; new text end 3.16     new text begin (3) have adequate staffing and funding to support law enforcement, prosecutorial, new text end 3.17 new text begin and financial operations, including bookkeeping, evidence handling, and inventory new text end 3.18 new text begin recording; and new text end 3.19     new text begin (4) be subject to any other conditions the commissioner deems necessary to carry new text end 3.20 new text begin out the purposes of this section. new text end 3.21     new text begin (b) A multijurisdictional entity, and its designated fiscal agent, must be certified new text end 3.22 new text begin annually by the commissioner and may not operate under this section unless it is certified. new text end 3.23 new text begin If the commissioner revokes an entity's or fiscal agent's certification, the commissioner new text end 3.24 new text begin may order, for purposes relating to this section, any or all of the following: new text end 3.25     new text begin (1) dissolution of the entity, its governing boards, or both; new text end 3.26     new text begin (2) transfer of duties of the entity, its governing boards, or both, to the Department of new text end 3.27 new text begin Public Safety; and new text end 3.28     new text begin (3) any other action deemed necessary by the commissioner. new text end 3.29 new text begin Notwithstanding any action taken by the commissioner, any outstanding obligations or new text end 3.30 new text begin liabilities of the entity remain with the entity and the parties of the agreement and do new text end 3.31 new text begin not transfer. new text end 3.32     new text begin (c) An agreement entered into pursuant to section 471.59 and this section shall new text end 3.33 new text begin provide that the parties to the agreement are subject to the provisions in this subdivision new text end 3.34 new text begin and shall provide for the disposition of property and allocation of obligations upon new text end 3.35 new text begin voluntary or mandated dissolution of the entity or upon termination of the agreement. new text end 4.1     new text begin (d) Except as provided in section 2, a multijurisdictional entity that is operating on new text end 4.2 new text begin the effective date of this section pursuant to section 299A.641 shall have until December new text end 4.3 new text begin 31, 2010, to be certified under this section. new text end 4.4     new text begin Subd. 5. new text end new text begin Statewide coordinator. new text end new text begin The commissioner of public safety shall appoint a new text end 4.5 new text begin statewide coordinator. The coordinator serving in the unclassified service shall: new text end 4.6 new text begin (1) coordinate and monitor all multijurisdictional gang and drug enforcement new text end 4.7 new text begin activities; new text end 4.8 new text begin (2) facilitate local efforts and ensure statewide coordination with efforts to combat new text end 4.9 new text begin gang and drug crime; new text end 4.10 new text begin (3) facilitate training for personnel; new text end 4.11 new text begin (4) monitor compliance with investigative protocols; and new text end 4.12 new text begin (5) review annual audits conducted under subdivision 4, take corrective actions new text end 4.13 new text begin based on audit results, and submit a summary report of the audits and any corrective new text end 4.14 new text begin actions to the commissioner of public safety. new text end 4.15     new text begin Subd. 6. new text end new text begin Participating officers; employment status. new text end new text begin All participating law new text end 4.16 new text begin enforcement officers must be licensed peace officers as defined in section new text end new text begin 626.84, new text end 4.17 new text begin subdivision 1 new text end new text begin , or qualified federal law enforcement officers as defined in section new text end new text begin . new text end 4.18 new text begin Participating officers remain employees of the same entity that employed them before new text end 4.19 new text begin joining any multijurisdictional entity established under this section. Participating officers new text end 4.20 new text begin are not employees of the state. Participating officers shall be subject to annual performance new text end 4.21 new text begin reviews conducted by the entity's operational supervisor. new text end 4.22     new text begin Subd. 7. new text end new text begin Jurisdiction and powers. new text end new text begin Law enforcement officers participating in any new text end 4.23 new text begin multijurisdictional entity established under this section have statewide jurisdiction to new text end 4.24 new text begin conduct criminal investigations and have the same powers of arrest as those possessed by new text end 4.25 new text begin a sheriff. new text end 4.26     new text begin Subd. 8. new text end new text begin Evidence handling. new text end new text begin A multijurisdictional entity established pursuant to new text end 4.27 new text begin this section shall process all evidence through the standard evidence handling procedures new text end 4.28 new text begin established by the participating agencies. new text end 4.29     new text begin Subd. 9. new text end new text begin Grants authorized. new text end new text begin The commissioner of public safety may make grants new text end 4.30 new text begin to state and local units of government to combat gang and drug crime. When awarding new text end 4.31 new text begin grants, the commissioner shall consider appropriating grants under this section to fund new text end 4.32 new text begin community-based gang intervention and prevention efforts for youth. new text end 4.33     new text begin Subd. 10. new text end new text begin Coordinating council is permanent. new text end new text begin Notwithstanding section new text end new text begin , new text end 4.34 new text begin this section does not expire. new text end 4.35     new text begin Subd. 11. new text end new text begin Governing board; prosecutor's role. new text end new text begin (a) A multijurisdictional entity new text end 4.36 new text begin established under this section shall create a governing board consisting of the chief law new text end 5.1 new text begin enforcement officer, or designee, from each participating agency, a prosecutor from one of new text end 5.2 new text begin the participating agencies, and up to three additional members selected by the governing new text end 5.3 new text begin board. A governing board shall have no less than six members. new text end 5.4 new text begin (b) The prosecutor on the governing board shall recommend to governing board the new text end 5.5 new text begin nature and frequency of training for officers assigned to a multijurisdictional entity in new text end 5.6 new text begin order to increase successful prosecutions. new text end 5.7     new text begin Subd. 12. new text end new text begin Funding. new text end new text begin Participating agencies may accept lawful grants or contributions new text end 5.8 new text begin from any federal source or legal business or entity. new text end 5.9     new text begin Subd. 13. new text end new text begin Role of attorney general. new text end new text begin The attorney general or a designee shall new text end 5.10 new text begin generally advise on any matters that the coordinating council deems appropriate. new text end 5.11     new text begin Subd. 14. new text end new text begin Attorney general; community liaison. new text end new text begin (a) The attorney general or new text end 5.12 new text begin a designee shall serve as a liaison between the coordinating council and the councils of new text end 5.13 new text begin color created in sections new text end new text begin , new text end new text begin , new text end new text begin , and new text end new text begin . The attorney general or new text end 5.14 new text begin designee will be responsible for: new text end 5.15 new text begin (1) informing the councils of color of the plans, activities, and decisions and hearing new text end 5.16 new text begin their reactions to those plans, activities, and decisions; and new text end 5.17 new text begin (2) providing the coordinating council with the position of the councils of color on new text end 5.18 new text begin the coordinating council's plan, activities, and decisions. new text end 5.19 new text begin (b) In no event is the coordinating council required to disclose the names of new text end 5.20 new text begin individuals identified by it to the councils of color referenced in this subdivision. new text end 5.21     new text begin Subd. 15. new text end new text begin Required reports. new text end new text begin By February 1 of each year, the commissioner of new text end 5.22 new text begin public safety shall submit the following reports to the chairs of the senate and house new text end 5.23 new text begin of representatives committees and divisions having jurisdiction over criminal justice new text end 5.24 new text begin policy and funding: new text end 5.25 new text begin (1) a report containing a summary of all audits conducted on multijurisdictional new text end 5.26 new text begin entities under subdivision 4; and new text end 5.27 new text begin (2) a report on the activities and goals of the coordinating council. new text end 5.28    Sec. 2. new text begin MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES. new text end 5.29 new text begin A joint powers entity established pursuant to Minnesota Statutes, section 299A.641, new text end 5.30 new text begin before the effective date of this section that included as parties to the joint powers new text end 5.31 new text begin agreement two counties with a population over 500,000 each is dissolved and any new text end 5.32 new text begin governing or advisory board established by the terms of the agreement is also dissolved. new text end 5.33 new text begin All current and future obligations and liabilities of the joint powers entity remain with the new text end 5.34 new text begin parties to the agreement and do not transfer to the state. new text end 6.1 new text begin For purposes of this section, "population" means the most recent population estimate new text end 6.2 new text begin made by the state demographer under Minnesota Statutes, section 4A.02. new text end 6.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 6.4    Sec. 3. new text begin APPROPRIATION. new text end 6.5 new text begin $....... is appropriated in fiscal year 2011 from the general fund to the commissioner new text end 6.6 new text begin of public safety for conducting audits required under Minnesota Statutes, section new text end 6.7 new text begin 299A.642, subdivision 4, paragraph (a). new text end 6.8    Sec. 4. new text begin REVISOR'S INSTRUCTION. new text end 6.9     new text begin The revisor of statutes shall replace references to Minnesota Statutes, section new text end 6.10 new text begin 299A.641, in statutes and rules with a reference to Minnesota Statutes, section 299A.642, new text end 6.11 new text begin and shall make any other changes to statutory cross-references as necessitated by this bill. new text end 6.12    Sec. 5. new text begin REPEALER. new text end 6.13 new text begin Minnesota Statutes 2008, section 299A.641, new text end new text begin is repealed. new text end 6.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 31, 2010. new text end