Minnesota Legislature
HF 2965
1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to public safety; establishing a certification process for multijurisdictional
1.3gang and drug task forces; appropriating money;proposing coding for new
1.4law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008,
1.5section 299A.641.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [299A.642] VIOLENT CRIME COORDINATING COUNCIL.
1.8 Subdivision 1. Coordinating council established. The Violent Crime Coordinating
1.9Council is established to provide guidance related to the investigation and prosecution of
1.10gang and drug crime. For the purposes of this section, "gang and drug crime" includes
1.11violent crimes associated with gang activity.
1.12 Subd. 2. Membership. The coordinating council shall consist of the following
1.13individuals or their designees:
1.14 (1) the director of the Office of Special Investigations as the representative of the
1.15commissioner of corrections;
1.16 (2) the superintendent of the Bureau of Criminal Apprehension as the representative
1.17of the commissioner of public safety;
1.18 (3) the attorney general;
1.19 (4) two chiefs of police, selected by the Minnesota Chiefs of Police Association,
1.20one who must work in the seven-county metropolitan area and one who must work in
1.21greater Minnesota;
1.22 (5) two sheriffs, selected by the Minnesota Sheriffs Association, one who must work
1.23in the seven-county metropolitan area and one who must work in greater Minnesota;
1.24 (6) the United States attorney for the district of Minnesota;
2.1 (7) two county attorneys, selected by the Minnesota County Attorneys Association,
2.2one who must work in the seven-county metropolitan area and one who must work in
2.3greater Minnesota;
2.4 (8) two public defenders, selected by the Board of Public Defense, one who must
2.5work in the seven-county metropolitan area and one who must work in greater Minnesota;
2.6 (9) two citizen members appointed by the commissioner of public safety in
2.7consultation with representatives from the councils of color created in sections 3.922,
2.83.9223, 3.9225, and 3.9226; and
2.9 (10) a tribal peace officer, selected by the commissioner of public safety, in
2.10consultation with the Minnesota Indian Affairs Council.
2.11The coordinating council shall adopt procedures to govern its conduct as necessary
2.12and shall select a chair from among its members. The chair shall serve a two-year term
2.13and the appointment of the chair shall alternate between a person who works in greater
2.14Minnesota and a person who works in the seven-county metropolitan area.
2.15 Subd. 3. Coordinating council's duties. The coordinating council shall develop an
2.16overall strategy to ameliorate the harm caused to the public by gang and drug crime within
2.17the state of Minnesota. Additionally, the coordinating council shall:
2.18(1) subject to approval by the commissioner of public safety, develop an operating
2.19procedures and policies manual to investigate gang and drug crime in a multijurisdictional
2.20manner;
2.21(2) identify and recommend a candidate or candidates for statewide coordinator to
2.22the commissioner of public safety;
2.23(3) establish multijurisdictional violent crime enforcement teams to combat gang
2.24and drug crime;
2.25(4) assist the Department of Public Safety in developing grant eligibility criteria and
2.26operating an objective and conflict-free grant review application process;
2.27(5) make recommendations to the commissioner of public safety to terminate grant
2.28funding for multijurisdictional entities if an entity no longer operates in accordance with
2.29guidelines established under subdivision 4, or no longer functions in a manner consistent
2.30with the best interests of the state or public;
2.31(6) assist in developing a process to collect and share information to improve the
2.32investigation and prosecution of gang and drug offenses;
2.33(7) develop and approve an operational budget for the coordinating council; and
2.34(8) subject to approval by the commissioner of public safety, adopt narrowly
2.35tailored, objective criteria and identifying characteristics for use in determining whether
2.36individuals are or may be members of gangs involved in criminal activity. The council
3.1shall review and update the criteria and characteristics adopted under this clause every two
3.2years with the objective to ensure effectiveness and relevance to the accurate identification
3.3of subjects actively involved in criminal gang activity. As part of its review process, the
3.4council shall obtain input from members of communities that are impacted by criminal
3.5gang activity. Before adopting any changes under this clause, the council must submit its
3.6recommendations to the commissioner of public safety for approval.
3.7 Subd. 4. Duties and authority of commissioner. (a) By September 1, 2010,
3.8the commissioner of public safety shall establish guidelines for the certification of
3.9multijurisdictional entities, and their designated fiscal agents, that are established pursuant
3.10to this section and receive grant funding under subdivision 9. The guidelines shall require
3.11that all multijurisdictional entities:
3.12(1) be subject to the operational command and supervision of one of the participating
3.13agencies;
3.14(2) be subject to an operational and financial audit conducted annually by an outside,
3.15independent entity; and
3.16(3) have adequate staffing and funding to support law enforcement, prosecutorial, and
3.17financial operations, including bookkeeping, evidence handling, and inventory recording.
3.18(b) A multijurisdictional entity, and its designated fiscal agent, may not operate
3.19unless they meet the guidelines established by, and are annually certified by, the
3.20commissioner of public safety. If, at any time, the commissioner revokes an entity's or
3.21fiscal agent's certification, the commissioner may order any or all of the following:
3.22(1) dissolution of the entity, its governing boards, or both;
3.23(2) transfer of duties of the entity, its governing boards, or both, to the Department of
3.24Public Safety; and
3.25(3) any other actions deemed necessary by the commissioner.
3.26Notwithstanding any action taken by the commissioner, any outstanding obligations
3.27or liabilities of the entity remain with the entity and the parties to the agreement and
3.28do not transfer.
3.29(c) Except as provided in section 2, a multijurisdictional entity that is operating
3.30on the effective date of this section shall have six months from the date guidelines are
3.31established under paragraph (a) to be certified under this section.
3.32 Subd. 5. Statewide coordinator. The commissioner of public safety shall appoint a
3.33statewide coordinator. The coordinator serving in the unclassified service shall:
3.34(1) coordinate and monitor all multijurisdictional gang and drug enforcement
3.35activities;
4.1(2) facilitate local efforts and ensure statewide coordination with efforts to combat
4.2gang and drug crime;
4.3(3) facilitate training for personnel;
4.4(4) monitor compliance with investigative protocols; and
4.5(5) review annual audits conducted under subdivision 4, take corrective actions
4.6based on audit results, and submit a summary report of the audits and any corrective
4.7actions to the commissioner of public safety.
4.8 Subd. 6. Participating officers; employment status. All participating law
4.9enforcement officers must be licensed peace officers as defined in section626.84,
4.10subdivision 1 , or qualified federal law enforcement officers as defined in section
626.8453 .
4.11Participating officers remain employees of the same entity that employed them before
4.12joining any multijurisdictional entity established under this section. Participating
4.13officers are not employees of the state. Participating officers shall be subject to annual
4.14performance reviews conducted by the entity's governing board.
4.15 Subd. 7. Jurisdiction and powers. Law enforcement officers participating in any
4.16multijurisdictional entity established under this section have statewide jurisdiction to
4.17conduct criminal investigations and have the same powers of arrest as those possessed by
4.18a sheriff.
4.19 Subd. 8. Evidence handling. A multijurisdictional entity established pursuant to
4.20this section shall process all evidence through the standard evidence handling procedures
4.21established by the participating agencies.
4.22 Subd. 9. Grants authorized. The commissioner of public safety may make grants
4.23to state and local units of government to combat gang and drug crime. When awarding
4.24grants, the commissioner shall consider appropriating grants under this section to fund
4.25community-based gang intervention and prevention efforts for youth.
4.26 Subd. 10. Coordinating council is permanent. Notwithstanding section15.059 ,
4.27this section does not expire.
4.28 Subd. 11. Governing board; prosecutor's role. (a) A multijurisdictional entity
4.29established under this section shall create a governing board consisting of the chief law
4.30enforcement officer, or designee, from each participating agency, a prosecutor from one of
4.31the participating agencies, and up to three additional members selected by the governing
4.32board. A governing board shall have no less than six members.
4.33(b) The prosecutor on the governing board shall ensure adequate training is provided
4.34for officers assigned to a multijurisdictional entity in order to increase successful
4.35prosecutions.
5.1 Subd. 12. Funding. Participating agencies may accept lawful grants or contributions
5.2from any federal source or legal business or entity.
5.3 Subd. 13. Role of attorney general. The attorney general or a designee shall
5.4generally advise on any matters that the coordinating council deems appropriate.
5.5 Subd. 14. Attorney general; community liaison. (a) The attorney general or
5.6a designee shall serve as a liaison between the coordinating council and the councils of
5.7color created in sections3.922 ,
3.9223 ,
3.9225 , and
3.9226 . The attorney general or
5.8designee will be responsible for:
5.9(1) informing the councils of color of the plans, activities, and decisions and hearing
5.10their reactions to those plans, activities, and decisions; and
5.11(2) providing the coordinating council with the position of the councils of color on
5.12the coordinating council's plan, activities, and decisions.
5.13(b) In no event is the coordinating council required to disclose the names of
5.14individuals identified by it to the councils of color referenced in this subdivision.
5.15 Subd. 15. Required reports. By February 1 of each year, the commissioner of
5.16public safety shall submit the following reports to the chairs of the senate and house
5.17of representatives committees and divisions having jurisdiction over criminal justice
5.18policy and funding:
5.19(1) a report containing a summary of all audits conducted on multijurisdictional
5.20entities under subdivision 4; and
5.21(2) a report on the activities and goals of the coordinating council.
5.22 Sec. 2. MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES.
5.23A joint powers entity established pursuant to Minnesota Statutes, section 299A.641,
5.24before the effective date of this section that included as parties to the joint powers
5.25agreement two counties with a population over 500,000 each is dissolved and any
5.26governing or advisory board established by the terms of the agreement is also dissolved.
5.27All current and future obligations and liabilities of the joint powers entity remain with the
5.28parties to the agreement and do not transfer to the state.
5.29For purposes of this section, "population" means the most recent population estimate
5.30made by the state demographer under Minnesota Statutes, section 4A.02.
5.31EFFECTIVE DATE.This section is effective the day following final enactment.
5.32 Sec. 3. APPROPRIATION.
6.1$....... is appropriated in fiscal year 2011 from the general fund to the commissioner
6.2of public safety for grants to multijurisdictional entities for conducting audits required
6.3under Minnesota Statutes, section 299A.642, subdivision 4, paragraph (a).
6.4 Sec. 4. REPEALER.
6.5Minnesota Statutes 2008, section 299A.641, is repealed.
1.3gang and drug task forces; appropriating money;proposing coding for new
1.4law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008,
1.5section 299A.641.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [299A.642] VIOLENT CRIME COORDINATING COUNCIL.
1.8 Subdivision 1. Coordinating council established. The Violent Crime Coordinating
1.9Council is established to provide guidance related to the investigation and prosecution of
1.10gang and drug crime. For the purposes of this section, "gang and drug crime" includes
1.11violent crimes associated with gang activity.
1.12 Subd. 2. Membership. The coordinating council shall consist of the following
1.13individuals or their designees:
1.14 (1) the director of the Office of Special Investigations as the representative of the
1.15commissioner of corrections;
1.16 (2) the superintendent of the Bureau of Criminal Apprehension as the representative
1.17of the commissioner of public safety;
1.18 (3) the attorney general;
1.19 (4) two chiefs of police, selected by the Minnesota Chiefs of Police Association,
1.20one who must work in the seven-county metropolitan area and one who must work in
1.21greater Minnesota;
1.22 (5) two sheriffs, selected by the Minnesota Sheriffs Association, one who must work
1.23in the seven-county metropolitan area and one who must work in greater Minnesota;
1.24 (6) the United States attorney for the district of Minnesota;
2.1 (7) two county attorneys, selected by the Minnesota County Attorneys Association,
2.2one who must work in the seven-county metropolitan area and one who must work in
2.3greater Minnesota;
2.4 (8) two public defenders, selected by the Board of Public Defense, one who must
2.5work in the seven-county metropolitan area and one who must work in greater Minnesota;
2.6 (9) two citizen members appointed by the commissioner of public safety in
2.7consultation with representatives from the councils of color created in sections 3.922,
2.83.9223, 3.9225, and 3.9226; and
2.9 (10) a tribal peace officer, selected by the commissioner of public safety, in
2.10consultation with the Minnesota Indian Affairs Council.
2.11The coordinating council shall adopt procedures to govern its conduct as necessary
2.12and shall select a chair from among its members. The chair shall serve a two-year term
2.13and the appointment of the chair shall alternate between a person who works in greater
2.14Minnesota and a person who works in the seven-county metropolitan area.
2.15 Subd. 3. Coordinating council's duties. The coordinating council shall develop an
2.16overall strategy to ameliorate the harm caused to the public by gang and drug crime within
2.17the state of Minnesota. Additionally, the coordinating council shall:
2.18(1) subject to approval by the commissioner of public safety, develop an operating
2.19procedures and policies manual to investigate gang and drug crime in a multijurisdictional
2.20manner;
2.21(2) identify and recommend a candidate or candidates for statewide coordinator to
2.22the commissioner of public safety;
2.23(3) establish multijurisdictional violent crime enforcement teams to combat gang
2.24and drug crime;
2.25(4) assist the Department of Public Safety in developing grant eligibility criteria and
2.26operating an objective and conflict-free grant review application process;
2.27(5) make recommendations to the commissioner of public safety to terminate grant
2.28funding for multijurisdictional entities if an entity no longer operates in accordance with
2.29guidelines established under subdivision 4, or no longer functions in a manner consistent
2.30with the best interests of the state or public;
2.31(6) assist in developing a process to collect and share information to improve the
2.32investigation and prosecution of gang and drug offenses;
2.33(7) develop and approve an operational budget for the coordinating council; and
2.34(8) subject to approval by the commissioner of public safety, adopt narrowly
2.35tailored, objective criteria and identifying characteristics for use in determining whether
2.36individuals are or may be members of gangs involved in criminal activity. The council
3.1shall review and update the criteria and characteristics adopted under this clause every two
3.2years with the objective to ensure effectiveness and relevance to the accurate identification
3.3of subjects actively involved in criminal gang activity. As part of its review process, the
3.4council shall obtain input from members of communities that are impacted by criminal
3.5gang activity. Before adopting any changes under this clause, the council must submit its
3.6recommendations to the commissioner of public safety for approval.
3.7 Subd. 4. Duties and authority of commissioner. (a) By September 1, 2010,
3.8the commissioner of public safety shall establish guidelines for the certification of
3.9multijurisdictional entities, and their designated fiscal agents, that are established pursuant
3.10to this section and receive grant funding under subdivision 9. The guidelines shall require
3.11that all multijurisdictional entities:
3.12(1) be subject to the operational command and supervision of one of the participating
3.13agencies;
3.14(2) be subject to an operational and financial audit conducted annually by an outside,
3.15independent entity; and
3.16(3) have adequate staffing and funding to support law enforcement, prosecutorial, and
3.17financial operations, including bookkeeping, evidence handling, and inventory recording.
3.18(b) A multijurisdictional entity, and its designated fiscal agent, may not operate
3.19unless they meet the guidelines established by, and are annually certified by, the
3.20commissioner of public safety. If, at any time, the commissioner revokes an entity's or
3.21fiscal agent's certification, the commissioner may order any or all of the following:
3.22(1) dissolution of the entity, its governing boards, or both;
3.23(2) transfer of duties of the entity, its governing boards, or both, to the Department of
3.24Public Safety; and
3.25(3) any other actions deemed necessary by the commissioner.
3.26Notwithstanding any action taken by the commissioner, any outstanding obligations
3.27or liabilities of the entity remain with the entity and the parties to the agreement and
3.28do not transfer.
3.29(c) Except as provided in section 2, a multijurisdictional entity that is operating
3.30on the effective date of this section shall have six months from the date guidelines are
3.31established under paragraph (a) to be certified under this section.
3.32 Subd. 5. Statewide coordinator. The commissioner of public safety shall appoint a
3.33statewide coordinator. The coordinator serving in the unclassified service shall:
3.34(1) coordinate and monitor all multijurisdictional gang and drug enforcement
3.35activities;
4.1(2) facilitate local efforts and ensure statewide coordination with efforts to combat
4.2gang and drug crime;
4.3(3) facilitate training for personnel;
4.4(4) monitor compliance with investigative protocols; and
4.5(5) review annual audits conducted under subdivision 4, take corrective actions
4.6based on audit results, and submit a summary report of the audits and any corrective
4.7actions to the commissioner of public safety.
4.8 Subd. 6. Participating officers; employment status. All participating law
4.9enforcement officers must be licensed peace officers as defined in section
4.10subdivision 1
4.11Participating officers remain employees of the same entity that employed them before
4.12joining any multijurisdictional entity established under this section. Participating
4.13officers are not employees of the state. Participating officers shall be subject to annual
4.14performance reviews conducted by the entity's governing board.
4.15 Subd. 7. Jurisdiction and powers. Law enforcement officers participating in any
4.16multijurisdictional entity established under this section have statewide jurisdiction to
4.17conduct criminal investigations and have the same powers of arrest as those possessed by
4.18a sheriff.
4.19 Subd. 8. Evidence handling. A multijurisdictional entity established pursuant to
4.20this section shall process all evidence through the standard evidence handling procedures
4.21established by the participating agencies.
4.22 Subd. 9. Grants authorized. The commissioner of public safety may make grants
4.23to state and local units of government to combat gang and drug crime. When awarding
4.24grants, the commissioner shall consider appropriating grants under this section to fund
4.25community-based gang intervention and prevention efforts for youth.
4.26 Subd. 10. Coordinating council is permanent. Notwithstanding section
4.27this section does not expire.
4.28 Subd. 11. Governing board; prosecutor's role. (a) A multijurisdictional entity
4.29established under this section shall create a governing board consisting of the chief law
4.30enforcement officer, or designee, from each participating agency, a prosecutor from one of
4.31the participating agencies, and up to three additional members selected by the governing
4.32board. A governing board shall have no less than six members.
4.33(b) The prosecutor on the governing board shall ensure adequate training is provided
4.34for officers assigned to a multijurisdictional entity in order to increase successful
4.35prosecutions.
5.1 Subd. 12. Funding. Participating agencies may accept lawful grants or contributions
5.2from any federal source or legal business or entity.
5.3 Subd. 13. Role of attorney general. The attorney general or a designee shall
5.4generally advise on any matters that the coordinating council deems appropriate.
5.5 Subd. 14. Attorney general; community liaison. (a) The attorney general or
5.6a designee shall serve as a liaison between the coordinating council and the councils of
5.7color created in sections
5.8designee will be responsible for:
5.9(1) informing the councils of color of the plans, activities, and decisions and hearing
5.10their reactions to those plans, activities, and decisions; and
5.11(2) providing the coordinating council with the position of the councils of color on
5.12the coordinating council's plan, activities, and decisions.
5.13(b) In no event is the coordinating council required to disclose the names of
5.14individuals identified by it to the councils of color referenced in this subdivision.
5.15 Subd. 15. Required reports. By February 1 of each year, the commissioner of
5.16public safety shall submit the following reports to the chairs of the senate and house
5.17of representatives committees and divisions having jurisdiction over criminal justice
5.18policy and funding:
5.19(1) a report containing a summary of all audits conducted on multijurisdictional
5.20entities under subdivision 4; and
5.21(2) a report on the activities and goals of the coordinating council.
5.22 Sec. 2. MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES.
5.23A joint powers entity established pursuant to Minnesota Statutes, section 299A.641,
5.24before the effective date of this section that included as parties to the joint powers
5.25agreement two counties with a population over 500,000 each is dissolved and any
5.26governing or advisory board established by the terms of the agreement is also dissolved.
5.27All current and future obligations and liabilities of the joint powers entity remain with the
5.28parties to the agreement and do not transfer to the state.
5.29For purposes of this section, "population" means the most recent population estimate
5.30made by the state demographer under Minnesota Statutes, section 4A.02.
5.31EFFECTIVE DATE.This section is effective the day following final enactment.
5.32 Sec. 3. APPROPRIATION.
6.1$....... is appropriated in fiscal year 2011 from the general fund to the commissioner
6.2of public safety for grants to multijurisdictional entities for conducting audits required
6.3under Minnesota Statutes, section 299A.642, subdivision 4, paragraph (a).
6.4 Sec. 4. REPEALER.
6.5Minnesota Statutes 2008, section 299A.641, is repealed.