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HF 1523

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/27/2023 04:42pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/08/2023

Current Version - as introduced

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A bill for an act
relating to corrections; expanding the authority of the Department of Corrections
Fugitive Apprehension Unit; amending Minnesota Statutes 2022, section 241.025,
subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2022, section 241.025, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is deleted text begin limited todeleted text end new text begin primarilynew text end the arrest of Department of Corrections'
discretionary and statutory released violators and Department of Corrections' escapeesnew text begin and
this must be its primary focus. The Department of Corrections Fugitive Apprehension Unit
may respond to a law enforcement agency's request to exercise general law enforcement
duties during the course of official duties by carrying out law enforcement activities at the
direction of the law enforcement agency of jurisdiction. In addition, the unit may investigate
criminal offenses in agency-operated correctional facilities and surrounding property
new text end .

Sec. 2.

Minnesota Statutes 2022, section 241.025, subdivision 2, is amended to read:


Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdictiondeleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction deleted text begin in which a new crime is committeddeleted text end new text begin unless the law enforcement
agency authorizes the fugitive apprehension unit to assume the subsequent investigation
new text end .new text begin
At the request of the primary jurisdiction, the fugitive apprehension unit may assist in
subsequent investigations or law enforcement efforts being carried out by the primary
jurisdiction. Persons arrested for violations that the fugitive apprehension unit determines
are not within the agency's jurisdiction must be referred to the appropriate local law
enforcement agency for further investigation or disposition.
new text end

Sec. 3.

Minnesota Statutes 2022, section 241.025, subdivision 3, is amended to read:


Subd. 3.

Policies.

The fugitive apprehension unit must develop and file all policies
required under state law for law enforcement agencies. The fugitive apprehension unit also
must develop a policy for contacting law enforcement agencies in a city or county before
initiating any fugitive surveillance, investigation, or apprehension within the city or county.
deleted text begin These policies must be filed with the board of peace officers standards and training by
November 1, 2000.
deleted text end Revisions of any of these policies must be filed with the board within
ten days of the effective date of the revision. The Department of Corrections shall train all
of its peace officers regarding the application of these policies.