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HF 2

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; prohibiting public safety critical incident stress
management information as evidence; reporting law enforcement use of force;
establishing a critical incident review process for peace officer involved shootings;
establishing an Office of Community-Led Public Safety Coordination; establishing
grants to promote co-responder teams; establishing grants to promote community
healing; establishing standards for crisis intervention and mental illness crisis
training for peace officers; requiring the development and implementation of autism
training for peace officers; requiring reports; appropriating money; amending
Minnesota Statutes 2018, sections 626.553, subdivision 2, by adding subdivisions;
626.8469; proposing coding for new law in Minnesota Statutes, chapters 181;
299A; 626; repealing Minnesota Statutes 2018, section 181.973.

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

Section 1.

new text begin [181.9731] CRITICAL INCIDENT STRESS MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Crisis intervention services" means consultation, one-on-one peer counseling, peer
support activity, coaching, debriefings, defusings, management, prevention, referral suicide
and posttraumatic stress prevention, or resilience education and training provided by a
critical incident stress management team member or participant.
new text end

new text begin (c) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider.
new text end

new text begin (d) "Critical incident stress management" means a set of crisis intervention services for
emergency service providers to assist in coping with the stress and potential psychological
trauma resulting from a response to a critical incident or emotionally difficult events.
new text end

new text begin (e) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, firefighter, rescue squad member, dispatcher, hospital or emergency medical clinic
personnel, or other person involved with public safety emergency services, either paid or
volunteer.
new text end

new text begin (f) "Critical incident stress management team" means a group organized to provide
critical incident stress management to emergency service providers. A critical incident stress
management team may include peer members from any emergency service discipline, mental
health professionals, and designated emergency service chaplains.
new text end

new text begin (g) "Peer support activity" means a group-process-oriented debriefing session or
one-to-one contact with a peer counselor trained in critical incident stress management.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure prohibited; exception. new text end

new text begin (a) A critical incident stress management
team member or any other person involved in the provision or receipt of crisis intervention
services must not disclose any information obtained solely through the provision of or
receipt of such services to a third party.
new text end

new text begin (b) A critical incident stress management team member involved in the provision or
receipt of crisis intervention services may disclose information if the member reasonably
believes the disclosure is necessary to prevent harm to the person in receipt of services or
to prevent harm to another person.
new text end

new text begin Subd. 3. new text end

new text begin Inadmissibility. new text end

new text begin Any statement made during the provision or receipt of critical
incident stress management is not admissible in an administrative, civil, or criminal
proceeding.
new text end

Sec. 2.

new text begin [299A.625] OFFICE OF COMMUNITY-LED PUBLIC SAFETY
COORDINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Office of Community-Led Public Safety Coordination established. new text end

new text begin The
Office of Community-Led Public Safety Coordination is established in the Office of Justice
Programs. The commissioner of public safety shall appoint a coordinator who shall serve
in the unclassified service. The commissioner of public safety shall appoint or hire other
staff as necessary.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The office shall:
new text end

new text begin (1) promote and monitor alternatives to traditional policing models;
new text end

new text begin (2) identify effective forms of community-led intervention to promote public safety;
new text end

new text begin (3) strengthen connections between community members and local law enforcement
agencies;
new text end

new text begin (4) encourage the use of restorative justice programs including but not limited to
sentencing circles; and
new text end

new text begin (5) administer grants to promote co-responder models of crisis intervention and promote
community healing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, section 626.553, subdivision 2, is amended to read:


Subd. 2.

Discharge firearm; kill animal.

Whenever a peace officer discharges a firearm
in the course of duty, other than for training purposes or the killing of an animal that is sick,
injured, or dangerous, notification shall be filed within 30 days of the incident by the officer's
department head with the commissioner of public safety. The commissioner of public safety
shall forward a copy of the filing to the board deleted text beginof Peace Officer Standards and Trainingdeleted text end. The
notification shall contain information concerning the reason for and circumstances
surrounding discharge of the firearm. The commissioner of public safety shall file a report
with the legislature by November 15 of each even-numbered year containing summary
information concerning use of firearms by peace officers.

Sec. 4.

Minnesota Statutes 2018, section 626.553, is amended by adding a subdivision to
read:


new text begin Subd. 3. new text end

new text begin Critical incident review. new text end

new text begin (a) After all related criminal investigations are
concluded, the director must appoint a critical incident review team to investigate:
new text end

new text begin (1) each peace officer firearm discharge report submitted under subdivision 2 where a
person suffered bodily harm from the firearm discharge; and
new text end

new text begin (2) each incident where a person died during contact with a peace officer.
new text end

new text begin (b) Each critical incident review team must include at least three members. One member
must be a peace officer or former peace officer. Another member must be a resident of the
community where the incident occurred. If the person injured in the incident is a person of
color, at least one member must be of the same race as the injured person. The director may
appoint more than three members to a team at the director's discretion. A member may not
be a current or former employee of the agency that is the subject of the team's review.
new text end

new text begin (c) The critical incident review team is charged with identifying and analyzing the causes
of the incident. Following the analysis, the team must prepare a report that either:
new text end

new text begin (1) recommends implementation of a corrective action plan by the agency under review;
or
new text end

new text begin (2) explains why corrective actions are not required.
new text end

new text begin If the team cannot agree on the causes of the incident or the need for corrective action, each
member may file a separate or dissenting report. If the team's review warrants, the team
shall make recommendations to the director for changes in statewide training of peace
officers. The team's report must be filed with the director within 60 days of the director
appointing the team.
new text end

new text begin (d) The critical incident review team must provide the agency that employs the officer
involved in the incident with individual case feedback no later than when it files the report
described in paragraph (c).
new text end

new text begin (e) Upon receipt of the report described in paragraph (c), the director must post the report
on the board's public website. The posted report must comply with chapter 13 and any data
that is not public data must be redacted.
new text end

new text begin (f) The agency that employs the officer involved in the incident shall pay the costs of
the critical incident review team's investigation.
new text end

new text begin (g) By January 15 of each odd-numbered year, the board shall report to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over public safety on the number of reviews performed under
this subdivision, aggregate data on those reviews, the number of reviews that included a
recommendation that the agency under review implement a corrective action plan, the
number of dissenting reports filed, a description of any recommendations made to the
director for changes in statewide training of peace officers, and recommendations for
legislative action.
new text end

Sec. 5.

Minnesota Statutes 2018, section 626.553, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Board" means the Board of Peace Officer Standards and Training.
new text end

new text begin (c) "Director" means the executive director of the board.
new text end

Sec. 6.

new text begin [626.5534] USE OF FORCE REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Report required. new text end

new text begin A chief law enforcement officer must provide the
information requested by the Federal Bureau of Investigation about each incident of law
enforcement use of force resulting in serious bodily injury or death, as those terms are
defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent
of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form
for use by law enforcement agencies in making the report required under this section. The
report must include for each incident all of the information requested by the Federal Bureau
of Investigation.
new text end

new text begin Subd. 2. new text end

new text begin Use of information collected. new text end

new text begin A chief law enforcement officer must file the
report under subdivision 1 once a month in the form required by the superintendent. The
superintendent must summarize and analyze the information received and submit an annual
written report to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over public safety. The superintendent shall submit
the information to the Federal Bureau of Investigation.
new text end

Sec. 7.

Minnesota Statutes 2018, section 626.8469, is amended to read:


626.8469 TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT,
AND CULTURAL DIVERSITY.

Subdivision 1.

In-service training required.

Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
and recognizing and valuing community diversity and cultural differences to include implicit
bias training to every peace officer and part-time peace officer employed by the agency.
The training shall comply with learning objectives developed and approved by the board
and shall meet board requirements for board-approved continuing education credit.new text begin Crisis
intervention and mental illness crisis training shall meet the standards in subdivision 1a.
new text end
The training shall consist of at least 16 continuing education creditsnew text begin with a minimum of
four hours for crisis intervention and mental illness crisis training
new text end within an officer's
three-year licensing cycle. Each peace officer with a license renewal date after June 30,
2018, is not required to complete this training until the officer's next full three-year licensing
cycle.

new text begin Subd. 1a. new text end

new text begin Crisis intervention and mental illness crisis training. new text end

new text begin (a) The board, in
consultation with the commissioner of human services and mental health stakeholders, shall
create a list of approved entities and training courses to instruct peace officers in techniques
for responding to a mental illness crisis. A course must include scenario-based instruction
and cover most of the following issues:
new text end

new text begin (1) techniques for relating to individuals with mental illnesses and the individuals'
families;
new text end

new text begin (2) techniques for crisis de-escalation;
new text end

new text begin (3) techniques for relating to diverse communities and education on mental illness
diversity;
new text end

new text begin (4) mental illnesses and the criminal justice system;
new text end

new text begin (5) community resources and supports for individuals experiencing a mental illness crisis
and for the individuals' families;
new text end

new text begin (6) psychotropic medications and the medications' side effects;
new text end

new text begin (7) co-occurring mental illnesses and substance use disorders;
new text end

new text begin (8) suicide prevention;
new text end

new text begin (9) mental illnesses and disorders and the symptoms; and
new text end

new text begin (10) autism spectrum disorder.
new text end

new text begin (b) A course must also include training on children and families of individuals with
mental illnesses to enable officers to respond appropriately to others who are present during
a mental illness crisis. The board shall update the list of approved entities and training
courses periodically as it considers appropriate.
new text end

Subd. 2.

Record keeping required.

The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
deleted text begin subdivision 1.deleted text endnew text begin subdivisions 1 and 1a including, at a minimum:
new text end

new text begin (1) documentation of the training provider;
new text end

new text begin (2) documentation of the content of the training provided;
new text end

new text begin (3) documentation that crisis intervention and mental illness crisis training included
scenario-based instruction in compliance with the standards described in subdivision 1a;
new text end

new text begin (4) compiled evaluations; and
new text end

new text begin (5) explanation of expenditure of funds.
new text end

The documentation deleted text beginis subject to periodic review by the board, anddeleted text end shall be deleted text beginmade availabledeleted text endnew text begin
submitted
new text end to the board deleted text beginat its requestdeleted text end.new text begin The board shall include in the compliance reviews
required in section 626.8459 an evaluation of the effectiveness of in-service crisis intervention
and mental illness crisis training in reducing officer use of force and diverting people
experiencing a mental illness crisis from arrest.
new text end

Subd. 3.

Licensing sanctions; injunctive relief.

The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.

Sec. 8.

new text begin [626.8474] AUTISM TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Learning objectives required. new text end

new text begin (a) By January 1, 2021, the board shall
prepare learning objectives for preservice and in-service training on ensuring safer
interactions between peace officers and persons with autism. At a minimum, the objectives
must address the following:
new text end

new text begin (1) autism overview and behavioral understanding;
new text end

new text begin (2) best practices for interventions and de-escalation strategies;
new text end

new text begin (3) prevention and crisis reduction models; and
new text end

new text begin (4) objective review of tools and technology available.
new text end

new text begin (b) In developing the learning objectives, the board shall consult with, at a minimum:
new text end

new text begin (1) individuals with autism;
new text end

new text begin (2) family members of individuals with autism;
new text end

new text begin (3) autism experts; and
new text end

new text begin (4) peace officers.
new text end

new text begin Subd. 2. new text end

new text begin Preservice training required. new text end

new text begin (a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of professional peace officer
educational programs.
new text end

new text begin (b) A person is not eligible to take the peace officer licensing examination after July 1,
2021, unless the individual has received the training described in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin In-service training required. new text end

new text begin Beginning July 1, 2021, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service autism
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. The
training must consist of at least four continuing education credits within an officer's three-year
licensing cycle. Each peace officer with a license renewal date after June 30, 2021, is not
required to complete this training until the officer's next full three-year licensing cycle.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

new text begin The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The documentation is subject to periodic review by the board, and must be
made available to the board at its request.
new text end

new text begin Subd. 5. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end

Sec. 9. new text beginAPPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND
MENTAL ILLNESS CRISIS TRAINING.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training (POST) Board to reimburse law enforcement agency crisis
intervention and mental illness crisis training expenses for training that is provided by
approved entities according to Minnesota Statutes, section 626.8469, subdivision 1a.
new text end

Sec. 10. new text beginAPPROPRIATION; POLICE AND MENTAL HEALTH CRISIS TEAM
COLLABORATION.
new text end

new text begin $....... in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training (POST) Board to administer a pilot project to create collaborations
between county mobile crisis mental health services described in Minnesota Statutes, section
245.469, and municipal law enforcement agencies. The appropriation shall be used to
purchase tablets and video conferencing telehealth services to allow peace officers to connect
quickly with members of the mobile crisis mental health team to assist individuals in crisis.
No later than September 1, 2021, law enforcement agencies awarded grants shall provide
a written report to the board describing the expenditure of funds and evaluating the
effectiveness of the project in diverting people experiencing a mental illness crisis from
arrest. The board shall submit a written report compiling the law enforcement agency reports
and evaluating the program to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety by January 1,
2022.
new text end

Sec. 11. new text beginAPPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the Peace Officer Standards and Training
(POST) Board for the fiscal year ending June 30, 2021, to implement section 8.
new text end

Sec. 12. new text beginCOMMUNITY-LED PUBLIC SAFETY GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $15,000,000 in fiscal year 2020 is appropriated from
the general fund to the commissioner of public safety to promote community-led public
safety.
new text end

new text begin Subd. 2. new text end

new text begin Community-led public safety coordinator. new text end

new text begin Of the amount appropriated in
subdivision 1, $100,000 is for one community-led public safety coordinator position at the
Department of Public Safety.
new text end

new text begin Subd. 3. new text end

new text begin Grants to promote co-responder teams. new text end

new text begin (a) Of the amount appropriated in
subdivision 1, $7,450,000 is for grants to promote co-responder teams as provided in this
subdivision.
new text end

new text begin (b) The Office of Community-Led Public Safety Coordination shall award grants to
local units of government or tribal governments that form a partnership with
community-based organizations to develop and establish independent crisis-response teams
to de-escalate volatile situations; respond to situations involving a mental health crisis;
promote community-based efforts designed to enhance community safety and wellness;
and support community-based strategies to interrupt, intervene in, or respond to violence.
new text end

new text begin Subd. 4. new text end

new text begin Grants to promote community healing. new text end

new text begin (a) Of the amount appropriated in
subdivision 1, $7,450,000 is for grants to promote healing support in black, indigenous, and
people of color communities in Minnesota.
new text end

new text begin (b) The Office of Community-Led Public Safety Coordination shall award grants to
community-based organizations that provide programs and direct intervention to promote
wellness and healing justice. In awarding grants, the coordinator may collaborate with
organizations that provide supportive professional community and mutual aid networks for
wellness and healing justice practitioners. Grants are available for:
new text end

new text begin (1) programmatic and community care support for wellness and healing justice
practitioners;
new text end

new text begin (2) the establishment and expansion of community organizations that provide wellness
and healing justice services;
new text end

new text begin (3) placing wellness and healing justice practitioners in organizations that provide direct
service to black, indigenous, and people of color communities in Minnesota;
new text end

new text begin (4) providing healing circles;
new text end

new text begin (5) establishing and expanding Community Coach Certification programs to train
community healers and establish a long-term strategy to build the infrastructure for
community healers to be available during times of tragedy; and
new text end

new text begin (6) restorative justice programs including but not limited to sentencing circles.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin (a) On or before January 15 of each year, the community-led public
safety coordinator shall submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety that includes:
new text end

new text begin (1) the number of grants issued under subdivision 3;
new text end

new text begin (2) the number of grants issued under subdivision 4;
new text end

new text begin (3) the amount of funding awarded for each project;
new text end

new text begin (4) a description of the programs and services funded;
new text end

new text begin (5) plans for the long-term sustainability of the projects; and
new text end

new text begin (6) data on outcomes for the programs and services funded.
new text end

new text begin (b) Grantees must provide information and data requested by the coordinator to support
the development of this report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 13. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.973, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-8706

181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.

A person engaged in a public safety peer counseling or a public safety peer debriefing shall not, without the permission of the person being debriefed or counseled, be allowed to disclose any information or opinion which the peer group member or peer counselor has acquired during the process. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person may be a danger to self or others, if the information is used only for the purpose of eliminating the danger to the person or others. Any information or opinion disclosed in violation of this paragraph is not admissible as evidence in any personnel or occupational licensing matter involving the person being debriefed or counseled.

For purposes of this section, "public safety peer counseling or debriefing" means a group process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related trauma, illness, or stress begin the process of healing and effectively dealing with the person's problems or the use of the peer counselor for direction with referrals to better service these occupation-related issues. A "peer counselor" means someone so designated by that agency.