Minnesota Legislature
HF 1776
as introduced - 89th Legislature (2015 - 2016) Posted on 04/09/2015 12:46pm
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A bill for an act
relating to public safety; expanding the Violent Crime Coordinating Council and
multijurisdictional investigations to including combating sex trafficking crimes;
appropriating funds for BCA agents; appropriating money; amending Minnesota
Statutes 2014, section 299A.642, subdivisions 1, 3, 4, 5, 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SEX TRAFFICKING CRIMES
Section 1.
Minnesota Statutes 2014, section 299A.642, subdivision 1, is amended to
read:
Subdivision 1.
Coordinating council established.
The Violent Crime Coordinating
Council is established to provide guidance related to the investigation and prosecution of
gang deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin , and sex trafficking crimesnew text end . For the purposes of this section, "gang
deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin , and sex trafficking crimesnew text end " deleted text begin includesdeleted text end new text begin include new text end violent crimes associated
with gangnew text begin , drug, or sex traffickingnew text end activity.
Sec. 2.
Minnesota Statutes 2014, section 299A.642, subdivision 3, is amended to read:
Subd. 3.
Coordinating council's duties.
The coordinating council shall develop
an overall strategy to ameliorate the harm caused to the public by gang deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin ,
and sex trafficking crimesnew text end within the state of Minnesota. Additionally, the coordinating
council shall:
(1) subject to approval by the commissioner of public safety, develop an operating
procedures and policies manual to investigate gang deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin , and sex trafficking
crimesnew text end in a multijurisdictional manner;
(2) identify and recommend a candidate or candidates for statewide coordinator to
the commissioner of public safety;
(3) assist the Department of Public Safety in developing grant eligibility criteria and
operating an objective and conflict-free grant review application process;
(4) make recommendations to the commissioner of public safety to terminate grant
funding for multijurisdictional entities if an entity no longer operates in accordance with
subdivision 4, or no longer functions in a manner consistent with the best interests of
the state or public;
(5) assist in developing a process to collect and share information to improve the
investigation and prosecution of gang deleted text begin anddeleted text end new text begin ,new text end drugnew text begin , and sex traffickingnew text end offenses;
(6) develop and approve an operational budget for the coordinating council;
(7) develop policies that prohibit the improper use of personal characteristics such as
race, color, national origin, gender, or religion to target individuals for law enforcement
action, prosecution, or forfeiture action; and
(8) subject to approval by the commissioner of public safety, adopt narrowly
tailored, objective criteria and identifying characteristics for use in determining whether
individuals are or may be members of gangs involved in criminal activity. The council
shall review and update the criteria and characteristics adopted under this clause every two
years with the objective to ensure effectiveness and relevance to the accurate identification
of subjects actively involved in criminal gang activity. As part of its review process, the
council shall obtain input from members of communities that are impacted by criminal
gang activity. Before adopting any changes under this clause, the council must submit its
recommendations to the commissioner of public safety for approval.
Sec. 3.
Minnesota Statutes 2014, section 299A.642, subdivision 4, is amended to read:
Subd. 4.
Duties and authority of commissioner.
(a) The commissioner of public
safety shall certify multijurisdictional entities, and their designated fiscal agents, that are
established pursuant to this section to combat gang deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin , and sex trafficking
crimesnew text end and receive grant funding under subdivision 9. To certify an entity and its
designated fiscal agent, the commissioner shall require that a multijurisdictional entity:
(1) be subject to the operational command and supervision of one of the participating
agencies;
(2) be subject to a biennial operational and financial audit contracted out to an
external organization not associated with the multijurisdictional entity and designed to
ensure that the entity and its designated fiscal agent are in compliance with applicable
legal requirements, proper law enforcement standards and practices, and effective
financial controls;
(3) have adequate staffing and funding to support law enforcement, prosecutorial,
and financial operations, including bookkeeping, evidence handling, and inventory
recording; and
(4) be subject to any other conditions the commissioner deems necessary to carry
out the purposes of this section.
The commissioner may use grant funds authorized under subdivision 9 to pay for costs
incurred in conducting audits under clause (2).
(b) A multijurisdictional entity, and its designated fiscal agent, must be certified
annually by the commissioner and may not operate under this section unless it is certified.
If the commissioner revokes an entity's or fiscal agent's certification, the commissioner
may order, for purposes relating to this section, any or all of the following:
(1) dissolution of the entity, its governing boards, or both;
(2) transfer of duties of the entity, its governing boards, or both, to the Department
of Public Safety; and
(3) any other action deemed necessary by the commissioner.
Notwithstanding any action taken by the commissioner, any outstanding obligations or
liabilities of the entity remain with the entity and the parties of the agreement and do
not transfer.
(c) An agreement entered into pursuant to section 471.59 and this section shall
provide that the parties to the agreement are subject to the provisions in this subdivision
and shall provide for the disposition of property and allocation of obligations upon
voluntary or mandated dissolution of the entity or upon termination of the agreement.
Sec. 4.
Minnesota Statutes 2014, section 299A.642, subdivision 5, is amended to read:
Subd. 5.
Statewide coordinator.
The commissioner of public safety shall appoint a
statewide coordinator. The coordinator serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang deleted text begin anddeleted text end new text begin ,new text end drugnew text begin , and sex traffickingnew text end
enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat
gang deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin , and sex trafficking crimesnew text end ;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) review audits conducted under subdivision 4, take corrective actions based on
audit results, and submit a summary report of the audits and any corrective actions to the
commissioner of public safety.
Sec. 5.
Minnesota Statutes 2014, section 299A.642, subdivision 9, is amended to read:
Subd. 9.
Grants authorized.
The commissioner of public safety may make grants
to state and local units of government to combat gang deleted text begin anddeleted text end new text begin ,new text end drug deleted text begin crimedeleted text end new text begin , and sex trafficking
crimesnew text end . When awarding grants, the commissioner shall consider awarding grants under
this section to fund community-based gang intervention and prevention efforts for youthnew text begin
and organizations that provide services to sexually exploited youthnew text end .
Sec. 6. new text begin MULTIJURISDICTIONAL INVESTIGATION; SEX TRAFFICKING.
new text end
new text begin
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from
the general fund to the commissioner of public safety to fund grants under Minnesota
Statutes, section 299A.642, subdivision 9, to expand multijurisdictional entities' efforts in
investigating, combating, and prosecuting sex trafficking crimes.
new text end
ARTICLE 2
APPROPRIATIONS FOR SEX TRAFFICKING INVESTIGATIONS
Section 1. new text begin BUREAU OF CRIMINAL APPREHENSION; SEX TRAFFICKING
INVESTIGATIONS.
new text end
new text begin
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the commissioner of public safety to fund 12 agent positions within
the Bureau of Criminal Apprehension to investigate sex trafficking crimes statewide.
The agents shall serve the following areas: one agent in each of the ten field offices
(Alexandria, Brainerd, Duluth, Grand Rapids, Mankato, Marshall, Moorhead, Rochester,
Roseau, and Willmar), and one agent in each regional office (St. Paul and Bemidji).
This funding shall be added to the base.
new text end
Sec. 2. new text begin GRANTS; MULTIJURISDICTIONAL TASK FORCES; SEX
TRAFFICKING INVESTIGATIONS.
new text end
new text begin
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the commissioner of public safety to make grants to state and local units of
government to create multijurisdictional entities to investigate, combat, and prosecute sex
trafficking crimes.
new text end
Sec. 3. new text begin GRANTS; REGIONAL INVESTIGATIONS; SEX TRAFFICKING.
new text end
new text begin
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the commissioner of public safety to make grants to state and local units of
government to investigate and assist other agencies in investigating sex trafficking crimes
in six regions of the state. The six regions shall correspond with those determined by the
commissioner of health under Minnesota Statutes, section 145.4717.
new text end
Sec. 4. new text begin GRANTS; TECHNICAL ASSISTANCE; SEX TRAFFICKING
INVESTIGATIONS.
new text end
new text begin
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the commissioner of public safety to make grants to state and local units of
government to provide technical assistance to law enforcement agencies around the state
in sex trafficking investigations.
new text end