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HF 2724

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/24/2022 05:49pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; establishing the Office of Public Safety Innovation within
the Office of Justice Programs; providing for community safety grants; directing
the Peace Officer Standards and Training Board to adopt rules regarding the
unauthorized use of force by peace officers; directing the Peace Officer Standards
and Training Board to amend the model policy on portable recording systems to
require showing and releasing video to certain individuals; permitting local
governments to allow civilian oversight councils to impose discipline on peace
officers; requiring citizen oversight councils to provide certain information to the
Peace Officer Standards and Training Board; authorizing the Peace Officer
Standards and Training Board to take licensure action against licensees who commit
criminal acts regardless of whether the licensee was convicted; establishing a task
force on alternative courses to peace officer licensure; requiring independent
evaluations; appropriating money for the Office of Public Safety Innovation;
appropriating money for investigators for the Peace Officer Standards and Training
Board, innovation in community safety grants, local community policing grants,
crime investigation grants, portable recording systems for law enforcement
agencies, a task force on alternative courses to peace officer licensure, and opiate
epidemic response grants; requiring reports; transferring money; amending
Minnesota Statutes 2020, sections 626.8432, subdivision 1; 626.8473, subdivision
3; 626.89, subdivision 17; proposing coding for new law in Minnesota Statutes,
chapter 299A; repealing Minnesota Statutes 2020, section 214.10, subdivisions
10, 12, 13; Minnesota Statutes 2021 Supplement, section 214.10, subdivision 11.

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

ARTICLE 1

COMMUNITY SAFETY GRANTS

Section 1.

new text begin [299A.625] INNOVATION IN COMMUNITY SAFETY; OFFICE OF
PUBLIC SAFETY INNOVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Civilian review board" means a board, commission, or other oversight body created
to provide civilian oversight of the conduct of peace officers and law enforcement agencies.
new text end

new text begin (c) "Commissioner" means the commissioner of public safety.
new text end

new text begin (d) "Community violence interruption" means a program that works with other
organizations and persons in the community to develop community-based responses to
violence that use and adapt critical incident response methods, provide targeted interventions
to prevent the escalation of violence after the occurrence of serious incidents, and de-escalate
violence with the use of community-based interventions. The programs may work with
local prosecutorial offices to provide an alternative to adjudication through a restorative
justice model.
new text end

new text begin (e) "Co-responder teams" means a partnership between a group or organization that
provides mental health or crisis-intervention services and local units of government or Tribal
governments that:
new text end

new text begin (1) provides crisis-response teams to de-escalate volatile situations;
new text end

new text begin (2) responds to situations involving a mental health crisis;
new text end

new text begin (3) promotes community-based efforts designed to enhance community safety and
wellness; or
new text end

new text begin (4) supports community-based strategies to interrupt, intervene in, or respond to violence.
new text end

new text begin (f) "Local commission" has the meaning given in section 363A.03, subdivision 23.
new text end

new text begin (g) "Metropolitan area" has the meaning given in section 473.121, subdivision 2.
new text end

new text begin (h) "Restorative justice program" has the meaning given in section 611A.775, and
includes Native American sentencing circles.
new text end

new text begin (i) "Targeted area" means:
new text end

new text begin (1) any part of a city or town with a population greater than 50,000 that has a poverty
rate of at least 20 percent and that experiences a disproportionately high rate of violent
crime, provided the population in the targeted area does not exceed 50,000 inhabitants;
new text end

new text begin (2) a county, city, or town with a population that does not exceed 50,000 that has a
poverty rate of at least 20 percent and that experiences a disproportionately high rate of
violent crime; or
new text end

new text begin (3) any part of a county, city, or town with a population that does not exceed 50,000 that
has a poverty rate of at least 20 percent and that experiences a disproportionately high rate
of violent crime.
new text end

new text begin Subd. 2. new text end

new text begin Office of Public Safety Innovation; director; qualifications. new text end

new text begin (a) The Office
of Public Safety Innovation is established within the Office of Justice Programs in the
Department of Public Safety. The Office of Public Safety Innovation shall have the powers
and duties described in this section.
new text end

new text begin (b) The commissioner shall appoint a director to manage the Office of Public Safety
Innovation and direct a targeted, community-centered response to violence. The director
shall serve in the unclassified service.
new text end

new text begin (c) The director shall have experience:
new text end

new text begin (1) living in a targeted area;
new text end

new text begin (2) providing direct services to victims or others in communities impacted by violence;
new text end

new text begin (3) writing or reviewing grant applications;
new text end

new text begin (4) building coalitions within the African American community and other communities
that have experienced systemic discrimination; and
new text end

new text begin (5) leading a nonprofit organization.
new text end

new text begin Subd. 3. new text end

new text begin Director; duties. new text end

new text begin (a) The director shall work with community members to
develop a strategy to address violence within targeted areas and promote community healing
and recovery.
new text end

new text begin (b) The director shall hire up to six coordinators or support staff and two administrative
staff. The staff shall be in the unclassified service of the state and their compensation shall
be established pursuant to chapter 43A. They shall be reimbursed for the expenses necessarily
incurred in the performance of their official duties in the same manner as other state
employees.
new text end

new text begin (c) The coordinator shall:
new text end

new text begin (1) serve as a liaison between the office and the councils created in sections 3.922 and
15.0145;
new text end

new text begin (2) provide technical assistance or navigation services to individuals seeking to apply
for grants issued by the office;
new text end

new text begin (3) identify targeted areas;
new text end

new text begin (4) establish an online portal for community feedback on grant prioritization;
new text end

new text begin (5) organize and provide technical assistance to local grant advisory boards;
new text end

new text begin (6) assist local grant advisory boards in soliciting applications for grants;
new text end

new text begin (7) develop simplified grant application materials;
new text end

new text begin (8) identify effective forms of community-led intervention to promote public safety; and
new text end

new text begin (9) encourage the use of restorative justice programs, including but not limited to
sentencing circles.
new text end

new text begin Subd. 4. new text end

new text begin Innovation in community safety grants. new text end

new text begin (a) Consistent with the
recommendations of community grant advisory boards, the director shall award grants to
organizations in targeted areas for the purposes identified in this subdivision. The director
may prioritize targeted areas, determine which targeted areas are eligible for grants, and
establish the total amount of money available for grants in each targeted area provided that
an eligible targeted area must receive at least $5,000,000 for grants and at least one targeted
area receiving money must be located outside the metropolitan area. In prioritizing targeted
areas, the commissioner shall prioritize areas that have the highest rates of violent crime.
new text end

new text begin (b) Grants may be issued for any of the following:
new text end

new text begin (1) juvenile diversion programs;
new text end

new text begin (2) community violence interruption;
new text end

new text begin (3) restorative justice programs;
new text end

new text begin (4) co-responder teams;
new text end

new text begin (5) community-based mental health and social service centers that provide direct services
to community members in targeted areas;
new text end

new text begin (6) victim services;
new text end

new text begin (7) re-entry programs; or
new text end

new text begin (8) homeless assistance programs to provide a rent subsidy or temporary housing for
formerly incarcerated individuals and families supporting formerly incarcerated individuals.
new text end

new text begin (c) Law enforcement agencies as defined in section 626.84, subdivision 1, paragraph
(f), are not eligible for grants under this section.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation distribution. new text end

new text begin (a) Of the amount appropriated for grants issued
pursuant to subdivision 4, two-thirds shall be distributed in the metropolitan area and
one-third shall be distributed outside the metropolitan area.
new text end

new text begin (b) No grant recipient shall receive more than $1,000,000 each year.
new text end

new text begin Subd. 6. new text end

new text begin Community grant advisory boards; members. new text end

new text begin (a) The director shall establish
community grant advisory boards within each targeted area.
new text end

new text begin (b) A community grant advisory board shall include seven members consisting of the
following:
new text end

new text begin (1) two employees of the city or county that includes the targeted area with priority given
to individuals who work for a violence prevention office or a local commission;
new text end

new text begin (2) two individuals who meet any of the following conditions with priority given to a
person who meets the condition described in item (iii):
new text end

new text begin (i) serves on the board of a nonprofit organization and lives within the targeted area;
new text end

new text begin (ii) works with any nonprofit organization that operates within the targeted area; or
new text end

new text begin (iii) has an academic background in violence prevention and lives in the targeted area
or within 15 miles of the targeted area; and
new text end

new text begin (3) three individuals who live within the targeted area with priority given to individuals
who reflect the demographic makeup of the targeted area.
new text end

new text begin (c) Community grant advisory boards shall review grant applications and make
recommendations to the director regarding which applicants should be funded and the
amount of those awards.
new text end

new text begin (d) The director shall convene the first meeting of the community grant advisory boards.
Each board shall elect a chair from among its members and subsequent meetings shall take
place upon the call of the chair.
new text end

new text begin (e) Community grant advisory board members may not accept gifts, donations, or any
other item of value from applicants.
new text end

new text begin Subd. 7. new text end

new text begin Innovation in community safety grants; procedure. new text end

new text begin (a) Upon determining
which targeted areas will receive grants, the director must send direct mail to each household
address in the targeted area. The mail must contain a survey providing the ability for residents
to provide feedback on grant prioritization. Community members must be provided at least
30 days to respond to the survey.
new text end

new text begin (b) After completion of the community surveys under paragraph (a), the community
grant advisory boards shall hold at least one community meeting. Community meetings
shall be held within the targeted area and are subject to chapter 13D.
new text end

new text begin (c) Consistent with input from community surveys and community meetings, community
grant advisory boards shall provide notice of available grants and application materials for
organizations or individuals to apply for grants.
new text end

new text begin (d) Community grant advisory boards shall establish reasonable application deadlines
and review grant applications. Boards may interview applicants and invite presentations.
new text end

new text begin (e) Community grant advisory boards shall make recommendations regarding which
applicants should receive funds and the amount of those funds, and shall inform the director
of their decisions. The director shall issue grants pursuant to the decision of the community
grant advisory board unless issuing the grant would violate state or federal law or policy.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin By February 15 of each year, the director shall report to the chairs and
ranking members of the house of representatives and senate committees and divisions with
jurisdiction over public safety finance and policy on the number and type of grants issued
by the Office of Public Safety Innovation, a summary of the reports received from grant
recipients, and the results of the independent evaluation performed pursuant to subdivision
9.
new text end

new text begin Subd. 9. new text end

new text begin Independent evaluation. new text end

new text begin The Office of Justice Programs shall contract with
an independent third-party vendor to conduct a comprehensive program evaluation of the
programs provided by each grant recipient. The evaluation shall assess the impact of the
programs and determine whether the program was a success or failure and to what degree,
and what factors in the program or selection process contributed to the program being a
success or failure. The independent evaluation shall be provided to the Office of Justice
Programs by January 15 of each year and the Office of Justice Programs shall provide the
information to the Office of Public Safety Innovation for inclusion in the report described
in subdivision 8.
new text end

Sec. 2. new text beginINNOVATION IN COMMUNITY SAFETY; GRANTS; APPROPRIATION.
new text end

new text begin (a) $40,000,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of public safety for the innovation in community safety grant program within
the Office of Public Safety Innovation under Minnesota Statutes, section 299A.625. The
base for this appropriation is $10,000,000 in fiscal year 2024 and beyond. Any unencumbered
balance remaining at the end of the fiscal year does not cancel and is available until expended
for the purposes of this paragraph.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 299A.296, or any law to the contrary,
the commissioner may not use any portion of the amount identified in paragraph (a) to
administer the program.
new text end

Sec. 3. new text beginOFFICE OF PUBLIC SAFETY INNOVATION; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
public safety to establish and maintain the Office of Public Safety Innovation.
new text end

Sec. 4. new text beginOPIATE EPIDEMIC RESPONSE GRANTS; PREVENTION AND
EDUCATION.
new text end

new text begin $10,000,000 in fiscal year 2023 is transferred from the general fund to the opiate epidemic
response fund established pursuant to Minnesota Statutes, section 256.043. Grants issued
from this amount are for prevention and education as described in Minnesota Statutes,
section 256.042, subdivision 1, paragraph (a), clause (1). This is a onetime transfer.
new text end

ARTICLE 2

LAW ENFORCEMENT GRANTS

Section 1. new text beginLOCAL COMMUNITY POLICING GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "City of the first class" has the meaning given in Minnesota Statutes, section 410.01.
new text end

new text begin (c) "Law enforcement agency" has the meaning given in Minnesota Statutes, section
626.84, subdivision 1, paragraph (f), but does not include a unit of state government.
new text end

new text begin (d) "Peace officer" has the meaning given in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin $22,000,000 in fiscal year 2023 is appropriated from the general
fund to the commissioner of public safety for the Office of Public Safety Innovation to
administer grants to law enforcement agencies to implement or expand the use of patrols
performed by peace officers who are outside of a squad car in areas that have experienced
disproportionately high rates of criminal activity and expand community partnerships. The
base for this appropriation is $5,000,000 in fiscal years 2024, 2025, and 2026. The base is
$0 in fiscal year 2027 and beyond.
new text end

new text begin Subd. 3. new text end

new text begin Purpose. new text end

new text begin (a) Law enforcement agencies that receive grants under this section
must use half of the money received to establish, maintain, or expand patrol programs that:
new text end

new text begin (1) require peace officers who are assigned to specified beats to patrol their assigned
area outside of a vehicle;
new text end

new text begin (2) assign two peace officers to each patrol;
new text end

new text begin (3) limit the assigned area for patrol to 1.5 miles of streets or 15 intersections; and
new text end

new text begin (4) take place in neighborhoods that have experienced a disproportionately high level
of criminal activity.
new text end

new text begin (b) Law enforcement agencies that receive grants under this section must use half of the
money to support partnerships with community groups to:
new text end

new text begin (1) establish, maintain, or expand crisis response teams in which social workers or mental
health providers are sent as first responders when calls for service indicate that an individual
is having a mental health crisis;
new text end

new text begin (2) establish, maintain, or expand co-responder teams; or
new text end

new text begin (3) enhance community violence prevention programs.
new text end

new text begin (c) Money received as a part of this grant may not be used to perform undercover police
work.
new text end

new text begin Subd. 4. new text end

new text begin Application; distribution. new text end

new text begin (a) Law enforcement agencies applying for grants
under this section must submit an application in the form and manner specified by the Office
of Public Safety Innovation. At a minimum, the application must include data on any area
where patrols will be assigned that demonstrates that the area has experienced a
disproportionately high rate of criminal activity.
new text end

new text begin (b) One recipient must be a law enforcement agency in a city of the first class in the
metropolitan area. One recipient must be a law enforcement agency in the metropolitan area
that is not in a city of the first class. One recipient must be outside of the metropolitan area.
All recipients must operate in jurisdictions that either experienced an increase in crime in
the preceding 12 months or experienced a decrease in crime at a rate slower than the average
of other jurisdictions in the same category.
new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin (a) A grant? recipient must provide a preliminary report to the Office
of Public Safety Innovation six months after receiving funds pursuant to this section and?
must provide a final report 12 months after receiving funds. The reports must include the
use of the funds, the impact on public safety, the existence and status of any complaints or
charges against an employee compensated with grant funds, and the final disposition of any
disciplinary action taken against an employee compensated with grant funds.
new text end

new text begin (b) The Office of Public Safety Innovation shall compile the preliminary and final reports
provided pursuant to paragraph (a) and provide a report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over public
safety on or before February 1 of each year in which the Office of Public Safety Innovation
received a report.
new text end

Sec. 2. new text beginCRIME INVESTIGATION GRANTS; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "City of the first class" has the meaning given in Minnesota Statutes, section 410.01.
new text end

new text begin (c) "Federally recognized Tribes" has the meaning given in United States Code, title 25,
section 450b(e).
new text end

new text begin (d) "Law enforcement agency" has the meaning given in Minnesota Statutes, section
626.84, subdivision 1, paragraph (f).
new text end

new text begin (e) "Metropolitan area" has the meaning given in Minnesota Statutes, section 473.121,
subdivision 2.
new text end

new text begin (f) "Peace officer" has the meaning given in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Grant; appropriation. new text end

new text begin $22,000,000 in fiscal year 2023 is appropriated from
the general fund to the commissioner of public safety for grants administered by the Office
of Public Safety Innovation to improve clearance rates for homicides and nonfatal shootings.
The base for this appropriation is $5,000,000 in fiscal years 2024, 2025, and 2026. The base
is $0 in fiscal year 2027 and beyond. Any unencumbered balance remaining at the end of
a fiscal year does not cancel. Money appropriated under this section is available for the
purposes of this section until June 30, 2032. Any unencumbered balance remaining on June
30, 2032, is available for the purposes identified in Minnesota Statutes, section 299A.625,
subdivision 4, and is available until spent.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility; purposes. new text end

new text begin (a) A grant recipient must be a law enforcement agency
that is a unit of either a local government or a federally recognized Tribe, or a task force or
other cross-jurisdictional collaboration between law enforcement agencies.
new text end

new text begin (b) Grants may be used to:
new text end

new text begin (1) ensure the retention of peace officers identified as a detective, investigator, or a
comparable rank and assigned to investigate homicides and nonfatal shootings;
new text end

new text begin (2) hire additional detectives, investigators, or other individuals with a comparable rank
or designation to investigate homicides and nonfatal shootings, including hiring, on a
temporary or permanent basis, individuals licensed by the Board of Private Detective and
Protective Agent Services to engage in the business of a private detective;
new text end

new text begin (3) hire additional peace officers to replace officers transferred or promoted to detective,
investigator, or a comparable rank and assigned to investigate homicides and nonfatal
shootings;
new text end

new text begin (4) acquire, upgrade, or replace investigative or evidence-processing technology or
equipment;
new text end

new text begin (5) hire additional evidence-processing personnel;
new text end

new text begin (6) ensure personnel responsible for evidence processing have sufficient resources and
training;
new text end

new text begin (7) hire and train personnel to analyze violent crime, specifically with regards to the use
of intelligence information of criminal networks and the potential for retaliation among
gangs or groups, and the geographic trends among homicides and nonfatal shootings;
new text end

new text begin (8) ensure victim services and personnel are sufficiently funded, staffed, and trained;
new text end

new text begin (9) ensure victims and family members of homicides and nonfatal shootings have access
to resources, including:
new text end

new text begin (i) convenient mental health treatment and grief counseling;
new text end

new text begin (ii) funeral and burial expenses;
new text end

new text begin (iii) relocation expenses;
new text end

new text begin (iv) emergency shelter;
new text end

new text begin (v) emergency transportation; and
new text end

new text begin (vi) lost wage assistance;
new text end

new text begin (10) develop competitive and evidence-based programs to improve homicide and nonfatal
shooting clearance rates; or
new text end

new text begin (11) develop best practices for improving access to and acceptance of victim services,
including those that promote medical and psychological wellness, ongoing counseling, legal
advice, and financial compensation.
new text end

new text begin (c) One recipient must be a law enforcement agency in a city of the first class in the
metropolitan area. One recipient must be a law enforcement agency in the metropolitan area
that is not in a city of the first class. One recipient must be outside of the metropolitan area.
All recipients must operate in jurisdictions that either experienced an increase in crime in
the preceding 12 months or experienced a decrease in crime at a rate slower than the average
of other jurisdictions in the same category. At least 25 percent of the money appropriated
under this section for grants to improve clearance rates for homicides and nonfatal shootings
must be awarded to law enforcement agencies located outside the metropolitan area.
new text end

new text begin Subd. 4. new text end

new text begin Reports by grant recipients. new text end

new text begin By January 15 of each year, law enforcement
agencies who received a grant under this section in the previous calendar year shall provide
a report to the Office of Public Safety Innovation indicating:
new text end

new text begin (1) the amount of money received by the law enforcement agency in the previous calendar
year;
new text end

new text begin (2) the number of additional individuals hired by the law enforcement agency on a
permanent or part-time basis to work as detectives, investigators, or a comparable rank or
designation assigned to investigate homicides and nonfatal shootings;
new text end

new text begin (3) a description of any training provided to peace officers to assist in solving crimes
and improving clearance rates;
new text end

new text begin (4) any new evidence-processing technology or equipment obtained by the law
enforcement agency or any upgrades to existing evidence technology or equipment made
by the law enforcement agency;
new text end

new text begin (5) a description of any training provided to evidence-processing personnel to improve
outcomes and capacity; and
new text end

new text begin (6) data regarding clearance rates for homicides, clearance rates for nonfatal shootings,
and the type and frequency of crimes committed in the jurisdiction of the law enforcement
agency.
new text end

new text begin Subd. 5. new text end

new text begin Evaluation and report by the Office of Public Safety Innovation. new text end

new text begin By January
15, 2024, and every even-numbered year thereafter until all appropriated funds have been
distributed and any reports required under subdivision 4 have been received, the Office of
Public Safety Innovation shall provide a report to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over public safety.
The report must include a compilation of the information received under subdivision 4 and
an evaluation of the practices deployed by grant recipients to identify policies and procedures
that have successfully improved clearance rates for homicides and nonfatal shootings.
new text end

Sec. 3. new text beginBODY CAMERA GRANT PROGRAM; APPROPRIATION.
new text end

new text begin (a) $2,500,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of public safety for grants administered by the Office of Public Safety
Innovation to local law enforcement agencies for portable recording systems. The executive
director shall award grants to local law enforcement agencies for the purchase and
maintenance of portable recording systems and portable recording system data. An applicant
must provide a 50 percent match to be eligible to receive a grant. The executive director
must give priority to applicants that do not have a portable recording system program. The
executive director must award at least one grant to a law enforcement agency located outside
of the seven-county metropolitan area.
new text end

new text begin (b) As a condition of receiving a grant, a law enforcement agency's portable recording
system policy required under Minnesota Statutes, section 626.8473, subdivision 3, must
include the following provisions:
new text end

new text begin (1) prohibit altering, erasing, or destroying any recording made with a peace officer's
portable recording system or data and metadata related to the recording prior to the expiration
of the applicable retention period under Minnesota Statutes, section 13.825, subdivision 3,
except that the full, unedited, and unredacted recording of a peace officer using deadly force
must be maintained indefinitely;
new text end

new text begin (2) mandate that a deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children be entitled to view any and all
recordings from a peace officer's portable recording system, redacted no more than what is
required by law, of an officer's use of deadly force no later than seven days after an incident
where deadly force used by a peace officer results in death of an individual, except that a
chief law enforcement officer may deny a request if investigators can articulate a compelling
reason as to why allowing the deceased individual's next of kin, legal representative of the
next of kin, or other parent of the deceased individual's children to review the recordings
would interfere with the agency conducting a thorough investigation. If the chief law
enforcement officer denies a request under this provision, the agency's policy must require
the chief law enforcement officer to issue a prompt, written denial and provide notice to
the deceased individual's next of kin, legal representative of the next of kin, or other parent
of the deceased individual's children that they may seek relief from the district court;
new text end

new text begin (3) mandate release of all recordings of an incident where a peace officer used deadly
force and an individual dies to the deceased individual's next of kin, legal representative of
the next of kin, and other parent of the deceased individual's children no later than 90 days
after the incident; and
new text end

new text begin (4) mandate, whenever practicable, that an officer operating a portable recording system
while entering a residence notify occupants of the residence that they are being recorded.
new text end

ARTICLE 3

LAW ENFORCEMENT POLICY

Section 1.

Minnesota Statutes 2020, section 626.8432, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure,
or revoke a peace officer or part-time peace officer license for any of the following causes:

(1) fraud or misrepresentation in obtaining a license;

(2) failure to meet licensure requirements; or

(3) a violation of the standards of conduct set forth in Minnesota Rules, chapter 6700.

(b) Unless otherwise provided by the board, a revocation or suspension applies to each
license, renewal, or reinstatement privilege held by the individual at the time final action
is taken by the board. A person whose license or renewal privilege has been suspended or
revoked shall be ineligible to be issued any other license by the board during the pendency
of the suspension or revocation.new text begin A person does not need to be convicted of a crime for the
board to take licensure action under paragraph (a).
new text end

new text begin (c) Any rule or portion of a rule that conflicts with this section is invalid.
new text end

Sec. 2.

Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:


Subd. 3.

Written policies and procedures required.

(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.

(b) At a minimum, the written policy must incorporate new text beginand require compliance with new text endthe
following:

(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable lawnew text begin. The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited and unredacted recording
of a peace officer using deadly force must be maintained indefinitely
new text end;

(2) new text beginmandate that a portable recording system be:
new text end

new text begin (i) worn where it affords an unobstructed view, and above the mid-line of the waist;
new text end

new text begin (ii) activated during all contacts with citizens in the performance of official duties other
than community engagement, to the extent practical without compromising officer safety;
and
new text end

new text begin (iii) activated when the officer arrives on-scene of an incident and remain active until
the conclusion of the officer's duties at the scene of the incident;
new text end

new text begin (3) mandate that officers assigned a portable recording system wear and operate the
system in compliance with the agency's policy adopted under this section while performing
law enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
new text end

new text begin (4) mandate that any and all recordings from a peace officer's portable recording system,
redacted no more than what is required by law, involving the use of force by an officer upon
or toward the person of another without the other's consent, including the use of deadly
force, be treated as public benefit data pursuant to section 13.82, subdivision 15, and be
made available for viewing by the person upon whom force was used, the legal representative
of a person upon whom force was used, a deceased individual's next of kin, the legal
representative of the next of kin, or other parent of the deceased individual's children no
later than seven days after an incident where force was used by a peace officer, except that
a chief law enforcement officer may deny a request if investigators can articulate a compelling
reason as to why allowing review of the recordings would interfere with the agency
conducting a thorough investigation. If the chief law enforcement officer denies a request
under this provision, the agency's policy must require the chief law enforcement officer to
issue a prompt, written denial and provide notice to the person upon whom force was used,
the legal representative of a person upon whom force was used, deceased individual's next
of kin, legal representative of the next of kin, or other parent of the deceased individual's
children that they may seek relief from the district court;
new text end

new text begin (5) mandate that recordings of an incident where a peace officer used force upon or
toward the person of another without the other's consent, including the use of deadly force,
be treated as public benefit data pursuant to section 13.82, subdivision 15, and be released
to the person upon whom force was used, the legal representative of a person upon whom
force was used, the deceased individual's next of kin, legal representative of the next of kin,
and other parent of the deceased individual's children no later than 90 days after the incident.
If the chief law enforcement officer denies a request under this provision, the agency's policy
must require the chief law enforcement officer to issue a prompt, written denial and provide
notice to the person upon whom force was used, the legal representative of a person upon
whom force was used, deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children that they may seek relief from the
district court;
new text end

new text begin (6) new text endprocedures for testing the portable recording system to ensure adequate functioning;

deleted text begin (3)deleted text endnew text begin (7)new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;

deleted text begin (4)deleted text endnew text begin (8)new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;

deleted text begin (5)deleted text endnew text begin (9)new text end circumstances under which a data subject must be given notice of a recording;

deleted text begin (6)deleted text endnew text begin (10)new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;

deleted text begin (7)deleted text endnew text begin (11)new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and

deleted text begin (8)deleted text endnew text begin (12)new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.

new text begin (c) The board has authority to inspect state and local law enforcement agency policies
to ensure compliance with this section. The board may conduct this inspection based upon
a complaint it receives about a particular agency or through a random selection process.
The board may impose licensing sanctions and seek injunctive relief under section 214.11
for an agency's failure to comply with this section.
new text end

Sec. 3.

Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:


Subd. 17.

Civilian review.

new text begin (a) As used in this subdivision, the following terms have the
meanings given them:
new text end

new text begin (1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end

new text begin (2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end

new text begin (b) A local unit of government may establish new text enda civilian deleted text beginreview board, commission, or
other
deleted text end oversight deleted text beginbody shall not havedeleted text endnew text begin council and grant the councilnew text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text beginA civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end

new text begin (c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council may submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end

new text begin (d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end

new text begin (e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end

new text begin (f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end

Sec. 4. new text beginTASK FORCE ON ALTERNATIVE COURSES TO PEACE OFFICER
LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Task Force on Alternative Courses to Peace Officer
Licensure is established to increase recruitment of new peace officers, increase the diversity
of the racial makeup and professional background of licensed peace officers, promote
education and training in community policing models, maintain the high standards of
education and training required for licensure, and make policy and funding recommendations
to the legislature.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following members:
new text end

new text begin (1) the chair of the Peace Officer Standards and Training Board, or a designee;
new text end

new text begin (2) a member of the Peace Officer Standards and Training Board representing the general
public appointed by the chair of the Peace Officer Standards and Training Board;
new text end

new text begin (3) the chief of the State Patrol, or a designee;
new text end

new text begin (4) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end

new text begin (5) the attorney general, or a designee;
new text end

new text begin (6) the president of the Minnesota Chiefs of Police Association, or a designee;
new text end

new text begin (7) the president of the Minnesota Sheriffs' Association, or a designee;
new text end

new text begin (8) a peace officer who is employed by a law enforcement agency of a federally
recognized Tribe, as defined in United States Code, title 25, section 450b(e), appointed by
the Indian Affairs Council;
new text end

new text begin (9) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
new text end

new text begin (10) a peace officer appointed by the executive director of the Minnesota Police and
Peace Officers Association;
new text end

new text begin (11) a member of a civilian review board appointed by the governor;
new text end

new text begin (12) an attorney who provides legal advice to victims of police brutality or who advocates
for civil liberties appointed by the governor;
new text end

new text begin (13) a representative from an organization that provides direct services to families or
communities impacted by police violence appointed by the governor; and
new text end

new text begin (14) two representatives from postsecondary schools certified to provide programs of
professional peace officer education appointed by the governor.
new text end

new text begin (b) Appointments must be made no later than August 30, 2022.
new text end

new text begin (c) Members shall serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair from
among its members. The task force may elect other officers as necessary.
new text end

new text begin (b) The chair of the Peace Officer Standards and Training Board shall convene the first
meeting of the task force no later than September 15, 2022, and shall provide meeting space
and administrative assistance as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of the chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin (a) The task force shall, at a minimum:
new text end

new text begin (1) identify barriers to recruiting peace officers;
new text end

new text begin (2) develop strategies for recruiting new peace officers;
new text end

new text begin (3) develop policies and procedures to increase the diversity of the racial makeup and
professional background of licensed peace officers;
new text end

new text begin (4) identify or develop curriculum that utilizes community policing models; and
new text end

new text begin (5) assure that any alternative courses to licensure maintain the high standards of
education and training required for licensure as a peace officer in Minnesota.
new text end

new text begin (b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By January 15, 2024, the task force must submit a report on its findings
and recommendations to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over public safety
finance and policy.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its report under
subdivision 5.
new text end

Sec. 5. new text beginPEACE OFFICER STANDARDS AND TRAINING BOARD
INVESTIGATORS; APPROPRIATION.
new text end

new text begin $450,000 in fiscal year 2023 is appropriated from the general fund to the Peace Officer
Standards and Training Board for four investigators to perform compliance reviews and
investigate alleged code of conduct violations.
new text end

Sec. 6. new text beginTASK FORCE ON ALTERNATIVE COURSES TO PEACE OFFICER
LICENSURE; APPROPRIATION.
new text end

new text begin $50,000 in fiscal year 2023 is appropriated from the general fund to the Peace Officer
Standards and Training Board to provide support for the task force on alternative courses
to peace officer licensure. This is a onetime appropriation.
new text end

Sec. 7. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 214.10, subdivisions 10, 12, and 13, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2021 Supplement, section 214.10, subdivision 11, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05475

214.10 COMPLAINT, INVESTIGATION, AND HEARING.

Subd. 10.

Board of Peace Officers Standards and Training; receipt of complaint.

Notwithstanding the provisions of subdivision 1 to the contrary, when the executive director or any member of the Board of Peace Officer Standards and Training produces or receives a written statement or complaint that alleges a violation of a statute or rule that the board is empowered to enforce, the executive director shall designate the appropriate law enforcement agency to investigate the complaint and shall order it to conduct an inquiry into the complaint's allegations. The investigating agency must complete the inquiry and submit a written summary of it to the executive director within 30 days of the order for inquiry.

Subd. 11.

Board of Peace Officers Standards and Training; reasonable grounds determination.

(a) After the investigation is complete, the executive director shall convene at least a four-member committee of the board to determine if the complaint constitutes reasonable grounds to believe that a violation within the board's enforcement jurisdiction has occurred. In conformance with section 626.843, subdivision 1b, at least three members of the committee must be voting board members who are peace officers and one member of the committee must be a voting board member appointed from the general public. No later than 30 days before the committee meets, the executive director shall give the licensee who is the subject of the complaint and the complainant written notice of the meeting. The executive director shall also give the licensee a copy of the complaint. Before making its determination, the committee shall give the complaining party and the licensee who is the subject of the complaint a reasonable opportunity to be heard.

(b) The committee shall, by majority vote, after considering the information supplied by the investigating agency and any additional information supplied by the complainant or the licensee who is the subject of the complaint, take one of the following actions:

(1) find that reasonable grounds exist to believe that a violation within the board's enforcement jurisdiction has occurred and order that an administrative hearing be held;

(2) decide that no further action is warranted; or

(3) continue the matter.

The executive director shall promptly give notice of the committee's action to the complainant and the licensee.

(c) If the committee determines that a complaint does not relate to matters within its enforcement jurisdiction but does relate to matters within another state or local agency's enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.

Subd. 12.

Board of Peace Officers Standards and Training; administrative hearing; board action.

(a) Notwithstanding the provisions of subdivision 2 to the contrary, an administrative hearing shall be held if ordered by the committee under subdivision 11, paragraph (b). After the administrative hearing is held, the administrative law judge shall refer the matter to the full board for final action.

(b) Before the board meets to take action on the matter and the executive director must notify the complainant and the licensee who is the subject of the complaint. After the board meets, the executive director must promptly notify these individuals and the chief law enforcement officer of the agency employing the licensee of the board's disposition.

Subd. 13.

Board of Peace Officers Standards and Training; definition.

As used in subdivisions 10 to 12, "appropriate law enforcement agency" means the law enforcement agency assigned by the executive director and the chair of the committee of the board convened under subdivision 11.