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HF 1535

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:19pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to corrections; disciplining correctional officers; amending Minnesota
Statutes 2020, section 626.89, subdivisions 1, 2; repealing Minnesota Statutes
2020, section 241.026.

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

Section 1.

Minnesota Statutes 2020, section 626.89, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(a) "Administrative hearing" means a nonjudicial hearing or arbitration authorized to
recommend, approve, or order discipline.

new text begin (b) "Correctional officer" means a person employed by the state, a state correctional
facility, or a local correctional or detention facility in a security capacity.
 new text end

deleted text begin (b)deleted text end new text begin (c)new text end "Formal statement" means the questioning of an officer in the course of obtaining
a recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.

deleted text begin (c)deleted text end new text begin (d)new text end "Officer" means a licensed peace officer or part-time peace officer, as defined in
section 626.84, subdivision 1, paragraphs (c) and (d), who is employed by a unit of
governmentnew text begin , or a correctional officernew text end .

Sec. 2.

Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:


Subd. 2.

Applicability.

The procedures and provisions of this section apply to law
enforcement agencies and government unitsnew text begin , including state and local correctional authoritiesnew text end .
The procedures and provisions of this section do not apply to investigations of criminal
charges against an officer.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 241.026, new text end new text begin is repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 21-02128

241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Correctional officer" and "officer" mean a person employed by the state, a state correctional facility, or a local correctional or detention facility in a security capacity.

(c) "Formal statement" means the questioning of an officer in the course of obtaining a recorded, stenographic, or signed statement to be used as evidence in a disciplinary proceeding against the officer.

Subd. 2.

Applicability.

The procedures and provisions of this section apply to state and local correctional authorities.

Subd. 3.

Governing formal statement procedures.

The formal statement of an officer must be taken according to subdivision 4.

Subd. 4.

Place of formal statement.

The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.

Subd. 5.

Admissions.

Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.

Subd. 6.

Disclosure of financial records.

No employer may require an officer to produce or disclose the officer's personal financial records except pursuant to a valid search warrant or subpoena.

Subd. 7.

Release of photographs.

No state or local correctional facility or governmental unit may publicly release photographs of an officer without the written permission of the officer, except that the facility or unit may display a photograph of an officer to a prospective witness as part of an agency or unit investigation.

Subd. 8.

Disciplinary letter.

No disciplinary letter or reprimand may be included in an officer's personnel record unless the officer has been given a copy of the letter or reprimand.

Subd. 9.

Retaliatory action prohibited.

No officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation for or solely by reason of the officer's exercise of the rights provided by this section.

Subd. 10.

Rights not reduced.

The rights of officers provided by this section are in addition to and do not diminish the rights and privileges of officers that are provided under an applicable collective bargaining agreement or any other applicable law.