2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/27/2022 11:12am
A bill for an act
relating to state government; providing policy for general crimes and public safety,
law enforcement, controlled substances, corrections and sentencing, and judiciary;
modifying wine shipment policy; providing for public safety communicators;
modifying interstate compact for juveniles; establishing Office for Missing and
Murdered Black Women and Girls; establishing reward fund for information on
missing and murdered Indigenous relatives; providing for community supervision
reform; modifying certain expungement law; establishing clemency review
commission; establishing supervision standards committee for probation, supervised
release, and community supervision; establishing a State Board of Appellate
Counsel for Parents; modifying certain fees; eliminating fee for uncertified copies
of instruments from civil or criminal proceedings; modifying time limit for
postconviction relief for petitioners with immigration consequences; appropriating
money for the courts, State Guardian Ad Litem Board, Board of Public Defense,
human rights, and State Board of Appellate Counsel for Parents; modifying various
data practices, human rights, and civil law provisions; classifying data; adopting
the Uniform Registration of Canadian Money Judgments Act; establishing task
forces and boards; providing for grants; imposing penalties; requiring reports;
providing for rulemaking; appropriating money; amending Minnesota Statutes
2020, sections 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3,
4a; 13.32, subdivisions 1, 3, 5, by adding subdivisions; 13.6905, by adding a
subdivision; 13.825, subdivision 2; 13.871, subdivision 14; 152.01, subdivisions
9a, 12a, 16, by adding subdivisions; 152.021, subdivision 2; 152.022, subdivision
2; 152.023, subdivision 2; 152.025, subdivision 4; 152.027, subdivision 4;
152.0271; 152.096, subdivision 1; 152.18, subdivisions 1, 3; 152.32, by adding a
subdivision; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021, subdivisions
2a, 2b, by adding subdivisions; 241.272; 241.90; 242.192; 243.05, subdivision 1;
243.1606; 244.05, subdivisions 3, 5; 244.09, subdivisions 5, 10; 244.19,
subdivisions 1, 5; 244.195, subdivision 1, by adding subdivisions; 244.20; 244.21;
256I.04, subdivision 2g; 259.11; 260.515; 260B.163, subdivision 1; 260B.176,
subdivision 2, by adding a subdivision; 260B.198, subdivision 1; 260C.007,
subdivision 6; 299A.01, subdivision 2, by adding a subdivision; 299A.49,
subdivision 2; 299A.50, subdivision 1; 299A.51; 299A.706; 299A.78, subdivision
1; 299A.79, subdivision 3; 299C.10, subdivision 1; 299C.111; 299C.17; 299C.46,
subdivision 1; 299C.65, subdivisions 1a, 3a; 299F.362; 326.3361, subdivision 2;
340A.304; 340A.417; 357.021, subdivision 2; 357.17; 359.04; 363A.03, by adding
a subdivision; 363A.08, by adding a subdivision; 363A.11, subdivision 2; 363A.21,
subdivision 1; 401.01; 401.02; 401.04; 401.09; 401.10; 401.11; 401.12; 401.14,
subdivisions 1, 3; 401.15, subdivision 2; 401.16; 403.02, by adding a subdivision;
484.85; 517.04; 517.08, subdivisions 1b, 1c; 541.073, subdivision 2; 573.02,
subdivision 1; 590.01, subdivision 4; 604.21; 609.165, subdivisions 1a, 1b; 609.281,
subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a subdivision; 609.748,
subdivision 2; 609.87, by adding a subdivision; 609.89, subdivision 1; 609A.01;
609A.02, by adding a subdivision; 609A.03, subdivisions 5, 9; 611A.03, subdivision
1; 626.76, by adding a subdivision; 626.843, subdivision 1, by adding subdivisions;
626.8473, subdivision 3; 626.89, subdivision 17; 626.93, by adding a subdivision;
626A.35, by adding a subdivision; 629.341, subdivisions 3, 4; 629.72, subdivision
6; 638.01; 641.15, subdivision 2; Minnesota Statutes 2021 Supplement, sections
152.01, subdivision 18; 169A.63, subdivision 8; 253B.18, subdivision 5a; 253D.14,
subdivision 2; 299C.72, subdivision 2; 357.021, subdivision 1a; 363A.50; 401.06;
403.11, subdivision 1; 609.02, subdivision 16; 609.5314, subdivision 3; 609A.03,
subdivision 7a; 628.26; Laws 2021, First Special Session chapter 11, article 1,
section 15, subdivision 3; article 2, section 12; proposing coding for new law in
Minnesota Statutes, chapters 13; 152; 244; 259; 260C; 299A; 299C; 325E; 340A;
359; 403; 548; 609A; 638; repealing Minnesota Statutes 2020, sections 244.18;
244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 299A.49, subdivision 7;
363A.20, subdivision 3; 363A.27; 401.025; 403.02, subdivision 17c; 609.102,
subdivisions 1, 2, 2a; 609.281, subdivision 2; 609.293, subdivisions 1, 5; 609.34;
609.36; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
11, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2022" and "2023" used in this article mean that
the addition to or subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The first year" is fiscal
year 2022. "The second year" is fiscal year 2023. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2022, are effective the day following
final enactment.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2022 new text end |
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2023 new text end |
Sec. 2. new text begin PUBLIC SAFETY
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new text begin Subdivision 1. new text end
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Total
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$ new text end |
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15,000,000 new text end |
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$ new text end |
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148,543,000 new text end |
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Appropriations by Fund new text end |
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2022 new text end |
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2023 new text end |
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Trunk Highway new text end |
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-0- new text end |
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252,000 new text end |
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Special Revenue new text end |
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-0- new text end |
new text begin
4,050,000 new text end |
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General new text end |
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15,000,000 new text end |
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144,241,000 new text end |
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The amounts that may be spent for each
purpose are specified in the following
subdivisions.
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new text begin Subd. 2. new text end
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Emergency Management
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-0- new text end |
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4,225,000 new text end |
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(a) Local Government Emergency
Management
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$1,500,000 in fiscal year 2023 is for grants in
equal amounts to the emergency management
organizations of the 87 counties, 11 federally
recognized Tribes, and four cities of the first
class for planning and preparedness activities,
including capital purchases. Local emergency
management organizations must make a
request to the Homeland Security and
Emergency Management Division for these
grants. Current local funding for emergency
management and preparedness activities may
not be supplanted by these additional state
funds. The commissioner may use up to one
percent of the appropriation received under
this paragraph to pay costs incurred by the
department in administering the local
government emergency management grant
program.
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By March 15, 2023, the commissioner of
public safety must submit a report on the grant
awards to the chairs and ranking minority
members of the legislative committees with
jurisdiction over emergency management and
preparedness activities. At a minimum, the
report must identify grant recipients and
summarize grantee activities.
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(b) First Responder Wellness Office
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$2,000,000 in fiscal year 2023 is to establish
an office that will provide leadership and
resources for improving the mental health of
first responders statewide. The base is
$1,000,000 in fiscal year 2024 and thereafter.
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(c) Mutual Aid |
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$500,000 in fiscal year 2023 is for mutual aid
response training. This appropriation is
onetime.
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(d) Supplemental Nonprofit Security Grants
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$225,000 in fiscal year 2023 is for
supplemental nonprofit security grants under
this paragraph.
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Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program that have been approved by the
Division of Homeland Security and
Emergency Management are eligible for grants
under this paragraph. No additional application
shall be required for grants under this
paragraph, and an application for a grant from
the federal program is also an application for
funding from the state supplemental program.
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Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
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The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
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Criminal
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-0- new text end |
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5,664,000 new text end |
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(a) Violent Crime Reduction Support
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$1,779,000 in fiscal year 2023 is to support
violent crime reduction strategies. This
includes funding for staff and supplies to
enhance forensic and analytical capacity.
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(b) BCA Accreditation
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$186,000 in fiscal year 2023 is to support the
Bureau of Criminal Apprehension to achieve
and maintain law enforcement accreditation
from an accreditation body. This includes
funding for staff, accreditation costs, and
supplies. The base is $170,000 in fiscal year
2024 and thereafter.
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(c) Cybersecurity Upgrades
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new text begin
$2,391,000 in fiscal year 2023 is for identity
and access management, critical infrastructure
upgrades, and Federal Bureau of Investigation
audit compliance. This appropriation is
available through June 30, 2024. The base is
$900,000 in fiscal year 2024 and thereafter.
new text end
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(d) Marijuana Penalties |
new text begin
$208,000 in fiscal year 2023 is for computer
programming, forensic testing, and supplies
related to changes in criminal penalties for
marijuana. The base is $191,000 in fiscal year
2024 and thereafter.
new text end
new text begin
(e) Expungements |
new text begin
$1,100,000 in fiscal year 2023 is for costs
related to expungements of criminal records.
The base is $520,000 in fiscal year 2024 and
$0 for fiscal year 2025.
new text end
new text begin Subd. 4. new text end
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Office of Justice Programs; Total
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15,000,000 new text end |
new text begin
119,936,000 new text end |
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Appropriations by Fund new text end |
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Special Revenue new text end |
new text begin
-0- new text end |
new text begin
2,600,000 new text end |
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General new text end |
new text begin
15,000,000 new text end |
new text begin
117,336,000 new text end |
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(a) Minnesota Heals
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$1,000,000 in fiscal year 2023 is for a
statewide community healing program; for
statewide critical incident stress management
services for first responders; and grants for
trauma services and burial costs following
officer-involved deaths. This appropriation
may be used for new staff to support these
programs. From this amount, the director may
award a grant to a nonprofit that provides
equine experiential mental health therapy to
first responders suffering from job-related
trauma and post-traumatic stress disorder. For
purposes of this paragraph, "first responder"
means a peace officer as defined in Minnesota
Statutes, section 626.84, subdivision 1,
paragraph (c); a full-time firefighter as defined
in Minnesota Statutes, section 299N.03,
subdivision 5; or a volunteer firefighter as
defined in Minnesota Statutes, section
299N.03, subdivision 7. If the commissioner
issues a grant for equine experiential mental
health therapy, the grant recipient must report
to the commissioner of public safety and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety policy and finance on the therapy
provided to first responders. The report must
include an overview of the program's budget,
a detailed explanation of program
expenditures, the number of first responders
served by the program, and a list and
explanation of the services provided to, and
benefits received by, program participants. An
initial report is due by January 15, 2023, and
a final report is due by January 15, 2024.
new text end
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(b) General Crime and Trauma Recovery
Grants Funding
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new text begin
$1,000,000 in fiscal year 2023 is for programs
supporting victims of general crime. These
funds may also be used to establish trauma
recovery centers in the state to support victims
of violent crime who experience trauma and
are in need of services and provide new staff
to support these programs.
new text end
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(c) Youth Development Grants
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new text begin
$500,000 in fiscal year 2023 is to provide
grants to programs serving youth and for youth
violence intervention and prevention
programs. Priority for these funds must be
given to programs that employ or utilize
trauma-informed therapists to support the
youth the programs serve. These funds may
be used to administer these grants.
new text end
new text begin
(d) Crossover and Dual-Status Youth Model
Grants
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new text begin
$1,000,000 in fiscal year 2023 from the
prevention services account in the special
revenue fund is to provide grants to local units
of government and federally recognized Indian
Tribes to initiate or expand crossover youth
practice model and dual-status youth programs
that provide services for youth who are in both
the child welfare and juvenile justice systems,
in accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model.
new text end
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(e) Staffing and Board Expenses
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$3,639,000 in fiscal year 2023 is to increase
staffing in the Office of Justice Programs for
grant management and compliance; build
capacity and provide technical assistance to
applicants; provide training to individuals and
entities seeking to become applicants; perform
community outreach and engagement to
improve the experiences and outcomes of
applicants, grant recipients, and crime victims
throughout Minnesota; establish and support
a final review panel; and maintain a Minnesota
Statistical Analysis Center to create ongoing
grant evaluation programs and other research
and data analysis. These funds may also be
used for the per diem and other costs necessary
to establish and support the Public Safety
Innovation Board.
new text end
new text begin
(f) Community-Based Public Safety Grants
new text end
new text begin
$1,968,000 in fiscal year 2023 is for
community-based public safety grants. The
base is $75,000 in fiscal year 2024 and
thereafter.
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(g) Prosecutor Training
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new text begin
$25,000 in fiscal year 2023 is for prosecutor
training.
new text end
new text begin
(h) Alternatives to Juvenile Detention -
Youth Conflict Resolution Centers Grants
new text end
new text begin
$1,400,000 in fiscal year 2023 is to establish
and maintain youth conflict resolution centers
as alternatives to juvenile detention.
new text end
new text begin
(i) Direct Assistance to Crime Victim
Survivors
new text end
new text begin
$4,000,000 in fiscal year 2023 is for an
increase in base funding for crime victim
services for the Office of Justice Programs to
provide grants for direct services and advocacy
for victims of sexual assault, general crime,
domestic violence, and child abuse. Funding
must support the direct needs of organizations
serving victims of crime by providing: direct
client assistance to crime victims; competitive
wages for direct service staff; hotel stays and
other housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and other needs of
organizations and crime victim survivors.
Services funded must include services for
victims of crime in underserved communities
most impacted by violence and reflect the
ethnic, racial, economic, cultural, and
geographic diversity of the state. The Office
of Justice Programs shall prioritize culturally
specific programs, or organizations led and
staffed by persons of color that primarily serve
communities of color, in funding allocation.
The base is $2,000,000 in fiscal year 2024 and
thereafter.
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(j) Combatting Sex Trafficking
new text end
new text begin
$1,500,000 in fiscal year 2023 is for grants to
state and local units of government for the
following purposes:
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(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
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(2) to provide technical assistance for sex
trafficking crimes, including case consultation,
to law enforcement agencies statewide.
new text end
new text begin
(k) Epinephrine Auto-Injector
Reimbursement Grants
new text end
new text begin
$1,000,000 in fiscal year 2023 is for grants to
local law enforcement agencies to reimburse
the costs of obtaining epinephrine
auto-injectors and replacing epinephrine
auto-injectors that have expired.
new text end
new text begin
(l) Office of Missing and Murdered Black
Women and Girls
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new text begin
$500,000 in fiscal year 2023 is to establish
and operate the Office of Missing and
Murdered Black Women and Girls.
new text end
new text begin
(m) Reward Fund for Missing and
Murdered Indigenous Relatives
new text end
new text begin
$110,000 in fiscal year 2023 is to pay rewards
for information related to investigations of
missing and murdered Indigenous relatives
under Minnesota Statutes, section 299A.86.
new text end
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(n) Youth Intervention Program
new text end
new text begin
$1,000,000 in fiscal year 2023 is for the youth
intervention grants program under Minnesota
statutes, section 299A.73. Money appropriated
under this section is available to programs that
are currently supported by youth intervention
program grants. This is a onetime
appropriation.
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new text begin
(o) Task Force on the Statewide Response
to Substance Abuse
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new text begin
$144,000 in fiscal year 2023 is to implement
the Task Force on the Statewide Response to
Substance Abuse. The base is $154,000 in
fiscal year 2024 and $66,000 in fiscal year
2025. The base is $0 in fiscal year 2026 and
thereafter.
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new text begin
(p) Task Force on a Coordinated Approach
to Juvenile Wellness and Justice
new text end
new text begin
$150,000 in fiscal year 2023 is to implement
the Task Force on a Coordinated Approach to
Juvenile Wellness and Justice. This is a
onetime appropriation.
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(q) Juvenile Prevention Services
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new text begin
In fiscal year 2023, $150,000 from the general
fund and $1,600,000 from the prevention
services account in the special revenue fund
are appropriated for grants to provide
prevention services. Grant recipients may be
local units of government, federally
recognized Indian Tribes, or nonprofit
organizations. Recipients must use funds to
establish or support programs designed to
prevent juveniles from entering the criminal
or juvenile justice systems through approaches
that encourage a youth's involvement in the
community, provide wrap-around services for
at-risk youth, or include culturally appropriate
behavioral health interventions for youth.
Specific programs may include but are not
limited to after-school programs, mentorship
programs, tutoring programs, programs that
employ restorative justice techniques such as
peacemaking circles, or programs based on
the Developmental Assets Framework of the
Search Institute.
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(r) Juvenile Intervention Services
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$2,500,000 in fiscal year 2023 is to provide
intervention and healing services. Grant
recipients may be local units of government,
federally recognized Indian Tribes, or
nonprofit organizations. Recipients must use
funds to provide intervention services to youth
involved in the juvenile or criminal justice
systems. Intervention services must engage
youth who have been involved in the justice
system with the aim to create community
connections between the youth and their
community, promote community healing, and
employ restorative justice techniques such as
circles, panels, or victim-offender mediation.
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(s) Mental Health Services and Wellness
Support for Juveniles and Families
new text end
new text begin
$1,750,000 in fiscal year 2023 is for grants to
organizations to provide mental health and
wellness support services for youth involved
in the juvenile justice system and their
families. Funding for mental health services
is for individuals or organizations that provide
mental health services for youth involved in
the juvenile justice system, including
residential settings or community-based
treatment. Funds must be used to support
programs designed with input from youth with
lived experience, as well as individuals with
professional expertise. Wellness support
services for families of young people placed
out of home following a juvenile delinquency
adjudication must create family support
groups, provide resources to support families
during out-of-home placements, or support
the family through the period of
post-placement reentry.
new text end
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(t) Local Community Innovation Grants
new text end
new text begin
$55,000,000 in fiscal year 2023 is for local
community innovation grants. The base is
$30,000,000 in fiscal year 2024 and beyond.
Any unencumbered grant balances at the end
of the fiscal year do not cancel but are
available for grants in the following year.
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(u) Emergency Community Safety Grants
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new text begin
$15,000,000 in fiscal year 2022 is for grants
to crime prevention programs for the purpose
of providing public safety. Any unencumbered
balance at the end of fiscal year 2023 does not
cancel but is available for the purposes of this
section until spent. This is a onetime
appropriation.
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(v) Local Co-Responder Grants
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new text begin
$10,000,000 in fiscal year 2023 is for grants
to establish, maintain, or expand the use of
co-responder programs that work with law
enforcement agencies. Any unencumbered
balance at the end of the fiscal year does not
cancel but is available for the purposes of this
section until spent.
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new text begin
(w) Local Community Policing Grants
new text end
new text begin
$15,000,000 in fiscal year 2023 is for local
community policing grants. The base is
$10,000,000 in each of fiscal years 2024 and
2025. The base is $0 in fiscal year 2026 and
thereafter. Any unencumbered grant balances
at the end of the fiscal year do not cancel but
are available for grants in the following year.
new text end
new text begin
(x) Local Investigation Grants
new text end
new text begin
$15,000,000 in fiscal year 2023 is for local
investigation grants. The base is $10,000,000
in each of fiscal years 2024 and 2025. The
base is $0 in fiscal year 2026 and thereafter.
Any unencumbered grant balances at the end
of the fiscal year do not cancel but are
available for grants in the following year.
new text end
new text begin Subd. 5. new text end
new text begin
State Patrol
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new text begin
-0- new text end |
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252,000 new text end |
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(a) Criminal Record Expungement
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new text begin
$84,000 in fiscal year 2023 from the trunk
highway fund is for costs related to criminal
record expungement. The base is $168,000 in
fiscal year 2024 and thereafter.
new text end
new text begin
(b) Marijuana Penalties Modified
new text end
new text begin
$168,000 in fiscal year 2023 from the trunk
highway fund is for costs related to changes
in marijuana criminal penalties.
new text end
new text begin Subd. 6. new text end
new text begin
Administrative Services
|
new text begin
-0- new text end |
new text begin
16,016,000 new text end |
new text begin
(a) Public Safety Officer Soft Body Armor
new text end
new text begin
$1,000,000 in fiscal year 2023 is for public
safety officer soft body armor reimbursements
under Minnesota Statutes, section 299A.381.
Of this amount, the commissioner may use up
to $60,000 to staff and administer the program.
new text end
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(b) Body Camera Grants
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new text begin
$9,000,000 in fiscal year 2023 is for grants to
local law enforcement agencies for portable
recording systems. The commissioner shall
award grants to local law enforcement
agencies for the purchase and maintenance of
portable recording systems and portable
recording system data. The base is $4,500,000
in fiscal year 2024 and thereafter.
new text end
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(c) Body Camera Data Storage
new text end
new text begin
$6,016,000 in fiscal year 2023 is to develop
and administer a statewide cloud-based body
camera data storage program. Of this amount,
the commissioner may use up to $1,000,000
for staff and operating costs to administer this
program and the body camera grants program
in the preceding section. The base is
$6,036,000 in fiscal year 2024 and $6,057,000
in fiscal year 2025.
new text end
new text begin Subd. 7. new text end
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Emergency Communication Networks
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new text begin
-0- new text end |
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2,450,000 new text end |
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Appropriations by Fund new text end |
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Special Revenue new text end |
new text begin
-0- new text end |
new text begin
1,450,000 new text end |
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
1,000,000 new text end |
new text begin
(a) Local Grants
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new text begin
$1,000,000 in fiscal year 2023 is for grants to
local government units participating in the
statewide public safety radio communication
system established under Minnesota Statutes,
section 403.36. The grants must be used to
purchase portable radios and related equipment
that is interoperable with the Allied Radio
Matrix for Emergency Response (ARMER)
system. Each local government unit may
receive only one grant. The grant is contingent
upon a match of at least five percent from
nonstate funds. The director of the Emergency
Communication Networks division, in
consultation with the Statewide Emergency
Communications Board, must administer the
grant program. This is a onetime
appropriation.
new text end
new text begin
(b) Public Safety Telecommunicator
Certification and Training Reimbursement
Grants
new text end
new text begin
$1,450,000 in fiscal year 2023 is appropriated
from the nondedicated 911 emergency special
revenue account for administrative and
software costs and rulemaking to establish and
review 911 public safety telecommunicator
certification and continuing education
standards as described in Minnesota Statutes,
section 403.051. The base is $1,000,000 in
each of fiscal years 2024 and 2025.
new text end
Sec. 3. new text begin PEACE OFFICER STANDARDS AND
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new text begin
$ new text end |
new text begin
165,000 new text end |
new text begin
$ new text end |
new text begin
1,550,000 new text end |
new text begin
(a) Database for Public Records
new text end
new text begin
$165,000 in fiscal year 2023 is for a database
for public records. This is a onetime
appropriation.
new text end
new text begin
(b) Task Force on Alternative Courses to
Peace Officer Licensure
new text end
new text begin
$50,000 in fiscal year 2023 is for a task force
on alternative courses to peace officer
licensure. This is a onetime appropriation.
new text end
new text begin
(c) Investigators
new text end
new text begin
$1,250,000 in fiscal year 2023 is to hire
investigators and additional staff to perform
compliance reviews and investigate alleged
code of conduct violations and to obtain or
improve equipment for that purpose.
new text end
new text begin
(d) Strength and Agility Testing
new text end
new text begin
$250,000 in fiscal year 2023 is to reimburse
law enforcement agencies for funding
scientifically content-validated and job-related
physical strength and agility examinations to
screen applicants as required under Minnesota
Statutes, section 626.843, subdivision 1c. The
board must establish guidelines for the
administration of reimbursement payments
under this section.
new text end
Sec. 4. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
80,000 new text end |
new text begin
$ new text end |
new text begin
518,000 new text end |
new text begin
(a) Record Management System and
Background Checks
new text end
new text begin
$80,000 in fiscal year 2022 and $18,000 in
fiscal year 2023 are to purchase and implement
a record management system.
new text end
new text begin
(b) Investigations and Field Audits
new text end
new text begin
$430,000 is for additional staffing to conduct
investigations and field audits.
new text end
new text begin
(c) Review Training Curriculum
new text end
new text begin
$70,000 in fiscal year 2023 is for an annual
review of training curriculum.
new text end
Sec. 5. new text begin CORRECTIONS
|
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
29,272,000 new text end |
new text begin Subd. 2. new text end
new text begin
Incarceration and
|
new text begin
-0- new text end |
new text begin
5,252,000 new text end |
new text begin
(a) Base Adjustment
new text end
new text begin
The general fund base, as a result of new
appropriations and bed impact changes, shall
result in a net increase of $6,204,000 in fiscal
year 2024 and $6,186,000 in fiscal year 2025
for all provisions in this subdivision.
new text end
new text begin
(b) Body-Worn Camera Program
new text end
new text begin
$1,500,000 in fiscal year 2023 is to implement
a body-worn camera program for uniformed
correctional security personnel and
community-based supervision agents. The
base is $1,000,000 in fiscal year 2024 and
thereafter.
new text end
new text begin
(c) Family Support Unit
new text end
new text begin
$280,000 in fiscal year 2023 is to create a
family support unit that focuses on family
support and engagement for incarcerated
individuals and their families.
new text end
new text begin
(d) Higher Education
new text end
new text begin
$2,000,000 in fiscal year 2023 is to contract
with Minnesota's institutions of higher
education to provide instruction to incarcerated
individuals in state correctional facilities and
to support partnerships with public and private
employers, trades programs, and community
colleges in providing employment
opportunities for individuals after their term
of incarceration. Funding must be used for
contracts with institutions of higher education
and other training providers, and associated
reentry and operational support services
provided by the agency. The base is
$3,500,000 in fiscal year 2024 and thereafter.
new text end
new text begin
(e) Family Communication and Support
Services
new text end
new text begin
$1,500,000 in fiscal year 2023 is to provide
communications and related supportive
services for incarcerated individuals to connect
with family members and other approved
support persons or service providers through
video visits and phone calls during an
individual's incarceration.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
-0- new text end |
new text begin
12,050,000 new text end |
new text begin
(a) Grants Management System
new text end
new text begin
$450,000 in fiscal year 2023 is for a grants
management system and to increase capacity
for grants management, including compliance
and internal controls. The base is $489,000 in
fiscal year 2024 and thereafter.
new text end
new text begin
(b) Supervision Services
new text end
new text begin
$10,450,000 in fiscal year 2023 is for services
provided by the Department of Corrections
Field Services, County Probation Officers,
and Community Corrections Act counties. The
base is $25,750,000 in fiscal year 2024 and
$38,300,000 in fiscal year 2025 and shall be
distributed based on the formula established
in article 7, section 16, subdivision 3.
new text end
new text begin
(c) Work Release Program
new text end
new text begin
$1,000,000 in fiscal year 2023 is to expand
the use of the existing Department of
Corrections work release program to increase
the availability of educational programming
for incarcerated individuals who are eligible
and approved for work release.
new text end
new text begin
(d) Healing House
new text end
new text begin
$150,000 in fiscal year 2023 is to provide
project management services in support of the
Healing House model. The Healing House
provides support and assistance to Native
American women who have been victims of
trauma. The base is $0 in fiscal year 2026 and
thereafter.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
1,000,000 new text end |
new text begin
11,970,000 new text end |
new text begin
(a) Technology
new text end
new text begin
$1,000,000 in fiscal year 2022 and
$11,000,000 in fiscal year 2023 are to replace
or improve existing corrections data
management systems that have significant
deficiencies, create a statewide public safety
information sharing infrastructure, and
improve data collection and reportability. The
base is $17,500,000 in fiscal year 2024 and
thereafter.
new text end
new text begin
In the development, design, and
implementation of the statewide public safety
data information sharing infrastructure, the
department shall, at a minimum, consult with
county correctional supervision providers, the
judicial branch, the Minnesota Sheriffs'
Association, the Minnesota Chiefs of Police
Association, and the Bureau of Criminal
Apprehension.
new text end
new text begin
(b) Property Insurance Premiums
new text end
new text begin
$650,000 in fiscal year 2023 is to fund cost
increases for property insurance premiums at
state correctional facilities.
new text end
new text begin
(c) Project Management Office
new text end
new text begin
$230,000 in fiscal year 2023 is to expand the
Department of Corrections project
management office, including the addition of
two project manager full-time-equivalent
positions.
new text end
new text begin
(d) Indeterminate Sentence Release Board
new text end
new text begin
$40,000 in fiscal year 2023 is to fund the
establishment of an Indeterminate Sentence
Release Board (ISRB) to review eligible cases
and make release decisions for persons serving
indeterminate sentences under the authority
of the commissioner of corrections. The ISRB
must consist of five members, including four
persons appointed by the governor from two
recommendations of each of the majority and
minority leaders of the house of
representatives and the senate and the
commissioner of corrections who shall serve
as chair.
new text end
new text begin
(e) Task Force on Felony Murder
new text end
new text begin
$50,000 in fiscal year 2023 is to implement
the Task Force on Felony Murder. This is a
onetime appropriation.
new text end
Sec. 6. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
21,000 new text end |
new text begin
$ new text end |
new text begin
12,000 new text end |
Sec. 7. new text begin OFFICE OF HIGHER EDUCATION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,500,000 new text end |
new text begin
$2,500,000 in fiscal year 2023 is to provide
reimbursement grants to postsecondary
schools certified to provide programs of
professional peace officer education for
providing in-service training programs for
peace officers on the proper use of force,
including deadly force, the duty to intercede,
and conflict de-escalation. Of this amount, up
to 2.5 percent is for administration and
monitoring of the program.
new text end
new text begin
To be eligible for reimbursement, training
offered by a postsecondary school must consist
of no less than eight hours of instruction and:
new text end
new text begin
(1) satisfy the requirements of Minnesota
Statutes, section 626.8452, and be approved
by the Peace Officer Standards and Training
Board, for use of force training;
new text end
new text begin
(2) utilize scenario-based training that
simulates real-world situations and involves
the use of real firearms that fire nonlethal
ammunition when appropriate;
new text end
new text begin
(3) include a block of instruction on the
physical and psychological effects of stress
before, during, and after a high risk or
traumatic incident and the cumulative impact
of stress on the health of officers;
new text end
new text begin
(4) include blocks of instruction on
de-escalation methods and tactics, bias
motivation, unknown risk training, defensive
tactics, and force-on-force training; and
new text end
new text begin
(5) be offered to peace officers at no charge
to the peace officer or an officer's law
enforcement agency.
new text end
new text begin
A postsecondary school that offers training
consistent with the above requirements may
apply for reimbursement for the costs of
offering the training. Reimbursement shall be
made at a rate of $450 for each officer who
participates in the training. The postsecondary
school must submit the name and peace officer
license number of the peace officer who
received the training.
new text end
new text begin
As used in this section, "law enforcement
agency" has the meaning given in Minnesota
Statutes, section 626.84, subdivision 1,
paragraph (f), and "peace officer" has the
meaning given in Minnesota Statutes, section
626.84, subdivision 1, paragraph (c).
new text end
Sec. 8. new text begin CLEMENCY REVIEW COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
705,000 new text end |
Sec. 9. new text begin OFFICE OF THE ATTORNEY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,821,000 new text end |
new text begin
$1,821,000 in fiscal year 2023 is for enhanced
criminal enforcement.
new text end
Sec. 10. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
117,000 new text end |
new text begin
$117,000 in fiscal year 2023 is for providing
meeting space and administrative assistance
for the Task Force on Collection of Charging
and Related Data. The base is $121,000 in
fiscal year 2024 and $0 for fiscal year 2025.
new text end
new text begin
$7,000,000 in fiscal year 2023 is transferred from the MINNCOR fund to the general
fund.
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). Grant recipients must be located
outside the seven-county metropolitan area.
new text end
new text begin
The commissioner of public safety shall transfer any amounts remaining in the
appropriation under Laws 2021, First Special Session chapter 11, article 1, section 14,
subdivision 7, paragraph (k), from the Office of Justice Programs to the state fire marshal
for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance
program under Minnesota Statutes, section 299A.477.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 13.6905, is amended by adding a subdivision
to read:
new text begin
Data obtained and shared by the commissioner of
public safety relating to direct shipments of wine are governed by sections 340A.550 and
340A.555.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 13.825, subdivision 2, is amended to read:
(a) Data collected by a
portable recording system are private data on individuals or nonpublic data, subject to the
following:
(1) data that document the discharge of a firearm by a peace officer in the course of duty,
if a notice is required under section 626.553, subdivision 2, or the use of force by a peace
officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a,
are public;
(2) data are public if a subject of the data requests it be made accessible to the public,
except that, if practicable, (i) data on a subject who is not a peace officer and who does not
consent to the release must be redacted, and (ii) data on a peace officer whose identity is
protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) portable recording system data that are active criminal investigative data are governed
by section 13.82, subdivision 7, and portable recording system data that are inactive criminal
investigative data are governed by this section;
(4) portable recording system data that are public personnel data under section 13.43,
subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that
classification.
new text begin
(b) Notwithstanding section 13.82, subdivision 7, a deceased individual's next of kin,
legal representative of the next of kin, or other parent of the deceased individual's children
is 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 five business days following an incident where deadly force used by a peace officer
results in the death of an individual, except that a chief law enforcement officer may deny
a request if the investigating agency requests and can articulate a compelling reason as to
why allowing the deceased individual's next of kin, legal representative of next of kin, or
other parent of the deceased individual's children to review the recordings would interfere
with a thorough investigation. If the chief law enforcement officer denies a request under
this paragraph, the involved officer's agency must 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 relief may be sought from the district
court.
new text end
new text begin
(c) Notwithstanding section 13.82, subdivision 7, an involved officer's agency shall
release to the public no later than 14 business days after an incident all body-worn camera
recordings of the incident where a peace officer used deadly force and an individual died,
except that a chief law enforcement officer shall not release the video if the investigating
agency asserts in writing that allowing the public to view the recordings would interfere
with the ongoing investigation.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end A law enforcement agency may redact or withhold access to portions of data that
are public under this subdivision if those portions of data are clearly offensive to common
sensibilities.
deleted text begin (c)deleted text end new text begin (e)new text end Section 13.04, subdivision 2, does not apply to collection of data classified by
this subdivision.
deleted text begin (d)deleted text end new text begin (f)new text end Any person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under paragraph (b)
to redact or withhold access to portions of data because the data are clearly offensive to
common sensibilities. The person bringing the action must give notice of the action to the
law enforcement agency and subjects of the data, if known. The law enforcement agency
must give notice to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The court may order that all or part of the data be released
to the public or to the person bringing the action. In making this determination, the court
shall consider whether the benefit to the person bringing the action or to the public outweighs
any harm to the public, to the law enforcement agency, or to a subject of the data and, if
the action is challenging a determination under paragraph (b), whether the data are clearly
offensive to common sensibilities. The data in dispute must be examined by the court in
camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
obtain access to portable recording system data under the Rules of Criminal Procedure.
Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin
(j) To perform these duties with the goal of promoting public safety. Promoting public
safety includes the promotion of human rights. "Public safety" means reducing or preventing
crime while maintaining the basic rights, freedoms, and privileges that belong to every
person, including the right to dignity, fairness, equality, respect, and freedom from
discrimination, and is achieved by diverting people away from the criminal justice system
whenever possible, imposing sanctions that are the least restrictive necessary to achieve
accountability for the offense, preferring the use of community services to imprisonment
or other confinement unless confinement is necessary to protect the public, and promoting
the rehabilitation of those convicted through the provision of evidence-based programming
and services.
new text end
Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:
The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines promulgated by the commission shall
be advisory to the district court and shall establish:
(1) the circumstances under which imprisonment of an offender is proper; and
(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based
on each appropriate combination of reasonable offense and offender characteristics. The
guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the
presumptive, fixed sentence.
The Sentencing Guidelines promulgated by the commission may also establish appropriate
sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated
by the commission establishing sanctions for offenders for whom imprisonment is not proper
shall make specific reference to noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community work orders, work release
programs in local facilities, community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation and the conditions thereof.
Although the Sentencing Guidelines are advisory to the district court, the court shall
follow the procedures of the guidelines when it pronounces sentence in a proceeding to
which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing
Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity, proportionality, rationality, and
predictability in sentencing.
In establishing and modifying the Sentencing Guidelines, the primary consideration of
the commission shall be public safety. new text begin "Public safety" means reducing or preventing crime
while maintaining the basic rights, freedoms, and privileges that belong to every person,
including the right to dignity, fairness, equality, respect, and freedom from discrimination,
and is achieved by diverting people away from the criminal justice system whenever possible,
imposing sanctions that are the least restrictive necessary to achieve accountability for the
offense, preferring the use of community services to imprisonment or other confinement
unless confinement is necessary to protect the public, and promoting the rehabilitation of
those convicted through the provision of evidence-based programming and services.
Promoting public safety includes the promotion of human rights. new text end The commission shall also
consider current sentencing and release practices; correctional resources, including but not
limited to the capacities of local and state correctional facilities; and the long-term negative
impact of the crime on the community.
The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review
administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines,
including procedures for the promulgation of severity levels and criminal history scores,
and these rules shall be subject to review by the Legislative Coordinating Commission.
Minnesota Statutes 2021 Supplement, section 253B.18, subdivision 5a, is amended
to read:
(a)
As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred or were part of their course of harmful sexual conduct.
(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition and
the process for requesting notification of an individual's change in status as provided in
paragraph (c).new text begin A notice shall only be provided to a victim who has submitted a written
request for notification to the prosecutor.
new text end
(c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.
(d) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a state-operated treatment program or treatment facility, the head of the
state-operated treatment program or head of the treatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4. These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).
(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.
Minnesota Statutes 2021 Supplement, section 253D.14, subdivision 2, is amended
to read:
A county attorney who files a petition to commit a
person under this chapter shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted or was listed as a
victim in the petition of commitment. In addition, the county attorney shall make a reasonable
and good faith effort to promptly notify the victim of the resolution of the process for
requesting the notification of an individual's change in status as provided in section 253D.14,
subdivision 3.new text begin A notice shall only be provided to a victim who has submitted a written
request for notification to the prosecutor.
new text end
Minnesota Statutes 2020, section 256I.04, subdivision 2g, is amended to read:
deleted text begin Secure crisis shelters for battered
women and their children designated by the Minnesota Department of Correctionsdeleted text end new text begin Programs
that provide services to victims of domestic abuse designated by the Office of Justice
Programs in the Department of Public Safetynew text end are not eligible for housing support under this
chapter.
Minnesota Statutes 2020, section 299A.01, is amended by adding a subdivision to
read:
new text begin
(a) Beginning February 15, 2023, and each
year thereafter, the commissioner, as part of the department's mission and within the
department's resources, shall report to the chairs and ranking minority members of the
legislative committees having jurisdiction over public safety policy and finance a list of
reports that the commissioner is obligated to submit to the legislature. For each reporting
requirement listed, the commissioner must include a description of the applicable program,
information required to be included in the report, the frequency that the report must be
completed, and the statutory authority for the report.
new text end
new text begin
(b) If the legislature does not repeal or otherwise modify by law a reporting requirement,
the commissioner must continue to provide each mandated report as required by law.
new text end
Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:
new text begin (a) new text end The duties of the commissioner shall include the
following:
(1) the coordination, development and maintenance of services contracts with existing
state departments and agencies assuring the efficient and economic use of advanced business
machinery including computers;
(2) the execution of contracts and agreements with existing state departments for the
maintenance and servicing of vehicles and communications equipment, and the use of related
buildings and grounds;
(3) the development of integrated fiscal services for all divisions, and the preparation
of an integrated budget for the department;
(4) the publication and award of grant contracts with state agencies, local units of
government, and other entities for programs that will benefit the safety of the public; and
(5) the establishment of a planning bureau within the department.
new text begin
(b) The commissioner shall exercise the duties under paragraph (a) with the goal of
promoting public safety. Promoting public safety includes the promotion of human rights.
"Public safety" means reducing or preventing crime by diverting people away from the
criminal justice system whenever possible, effecting arrest or detention practices that are
the least restrictive necessary to protect the public, and promoting the rehabilitation of those
who engage in criminal activity by providing evidence-based programming and services,
while still maintaining the basic rights, freedoms, and privileges that belong to every person,
including the right to dignity, fairness, equality, respect, and freedom from discrimination.
new text end
new text begin
As used in this section:
new text end
new text begin
(1) "commissioner" means the commissioner of public safety;
new text end
new text begin
(2) "firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state;
new text end
new text begin
(3) "public safety officer" means a firefighter or qualified emergency medical service
provider;
new text end
new text begin
(4) "qualified emergency medical service provider" means a person certified under
section 144E.101 who is actively employed by a Minnesota licensed ambulance service;
and
new text end
new text begin
(5) "vest" has the meaning given in section 299A.38, subdivision 1, paragraph (c).
new text end
new text begin
Public safety officers and heads of agencies
and entities that buy vests for the use of public safety officer employees may apply to the
commissioner for reimbursement of funds spent to buy vests. On approving an application
for reimbursement, the commissioner shall pay the applicant an amount equal to the lesser
of one-half of the vest's purchase price or the reimbursement amount set by the commissioner
in section 299A.38, subdivision 2a. The political subdivision or entity that employs a public
safety officer shall pay at least the lesser of one-half of the vest's purchase price or the
reimbursement amount set by the commissioner in section 299A.38, subdivision 2a. The
employer may not deduct or pay its share of the vest's cost from any clothing, maintenance,
or similar allowance otherwise provided to the public safety officer by the employer.
new text end
new text begin
The eligibility requirements in section 299A.38,
subdivision 3, apply to applications for reimbursement under this section.
new text end
new text begin
The commissioner shall amend the rules adopted pursuant to section
299A.38, subdivision 4, to administer this section, as needed.
new text end
new text begin
A state agency, political subdivision of the state, state
or local government employee, or other entity that provides reimbursement for purchase of
a vest under this section is not liable to a public safety officer or the public safety officer's
heirs for negligence in the death of or injury to the public safety officer because the vest
was defective or deficient.
new text end
new text begin
A public safety officer who is reimbursed for
the purchase of a vest under this section and who suffers injury or death because the officer
failed to wear the vest, or because the officer wore a vest that was defective or deficient,
may not lose or be denied a benefit or right, including a benefit under section 299A.44, to
which the officer, or the officer's heirs, is otherwise entitled.
new text end
Minnesota Statutes 2020, section 299A.49, subdivision 2, is amended to read:
"deleted text begin Chemical
assessmentdeleted text end new text begin Hazardous materials responsenew text end team" means a team (1) trained, equipped, and
authorized to evaluate and, when deleted text begin possibledeleted text end new text begin feasiblenew text end , provide deleted text begin simpledeleted text end mitigation to a hazardous
materials incident new text begin or release new text end and (2) required to recommend to the local incident manager
the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous material, availability
of resources, or other relevant factors.
Minnesota Statutes 2020, section 299A.50, subdivision 1, is amended to read:
After consultation with the commissioners of
natural resources, agriculture, transportation, and the Pollution Control Agency, the deleted text begin state
fire marshaldeleted text end new text begin Department of Public Safetynew text end , the Emergency Response Commission, appropriate
technical emergency response representatives, and representatives of affected parties, the
commissioner shall adopt rules to implement a statewide hazardous materials incident
response plan. The plan must include:
(1) the locations of deleted text begin up to five regionaldeleted text end hazardous materials response teams, based on the
location of hazardous materials, response time, proximity to large population centers, and
other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of deleted text begin regionaldeleted text end hazardous materials response teams;
(4) equipment needed for deleted text begin regionaldeleted text end hazardous materials response teams;
(5) procedures for selecting and contracting with local governments or nonpublic persons
to establish deleted text begin regionaldeleted text end hazardous materials response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding
to an incident; and
(8) coordination with other state departments and agencies, local units of government,
other states, Indian tribes, the federal government, and other nonpublic persons.
Minnesota Statutes 2020, section 299A.51, is amended to read:
During operations authorized under section 299A.50, members
of a deleted text begin regionaldeleted text end hazardous materials team operating outside their geographic jurisdiction are
"employees of the state" as defined in section 3.736.
During operations authorized under section 299A.50,
members of a deleted text begin regionaldeleted text end hazardous materials team operating outside their geographic
jurisdiction are considered employees of the Department of Public Safety for purposes of
chapter 176.
A person who provides personnel and equipment to assist at the
scene of a hazardous materials response incident outside the person's geographic jurisdiction
or property, at the request of the state or a local unit of government, is not liable for any
civil damages resulting from acts or omissions in providing the assistance, unless the person
acts in a willful and wanton or reckless manner in providing the assistance.
new text begin
The Public Safety Innovation Board is established in the
Office of Justice Programs within the Department of Public Safety. The board has the powers
and duties described in this section.
new text end
new text begin
(a) The Public Safety Innovation Board is composed of the
following members:
new text end
new text begin
(1) three individuals with experience conducting research in the areas of crime, policing,
or sociology while employed by an academic or nonprofit entity, appointed by the governor;
new text end
new text begin
(2) five individuals appointed by the governor of whom:
new text end
new text begin
(i) one shall be a victim of a crime or an advocate for victims of crime;
new text end
new text begin
(ii) one shall be a person impacted by the criminal justice system or an advocate for
defendants in criminal cases; and
new text end
new text begin
(iii) one shall have a background in social work;
new text end
new text begin
(3) four members representing the community-specific boards established under sections
3.922 and 15.0145, with one appointment made by each board; and
new text end
new text begin
(4) three members representing law enforcement, with one appointment by the Minnesota
Sheriffs' Association, one by the Minnesota Chiefs of Police Association, and one by the
Minnesota Police and Peace Officers Association.
new text end
new text begin
(b) The members of the board shall elect one member to serve as chair.
new text end
new text begin
(a) Members are appointed to serve three-year
terms following the initial staggered-term lot determination and may be reappointed.
new text end
new text begin
(b) Initial appointment of members must take place by August 1, 2022. The initial term
of members appointed under paragraph (a) shall be determined by lot by the secretary of
state and shall be as follows:
new text end
new text begin
(1) five members shall serve one-year terms;
new text end
new text begin
(2) five members shall serve two-year terms; and
new text end
new text begin
(3) five members shall serve three-year terms.
new text end
new text begin
(c) A member may be removed by the appointing authority at any time for cause, after
notice and hearing.
new text end
new text begin
(d) If a vacancy occurs, the appointing authority shall appoint a new qualifying member
within 90 days.
new text end
new text begin
(e) Compensation of board members is governed by section 15.0575.
new text end
new text begin
The board shall improve public safety by increasing the
efficiency, effectiveness, and capacity of public safety providers and has the following
powers and duties:
new text end
new text begin
(1) monitoring trends in crime within Minnesota;
new text end
new text begin
(2) reviewing research on criminal justice and public safety issues;
new text end
new text begin
(3) providing information on criminal trends and research to the commissioner,
municipalities, and the legislature;
new text end
new text begin
(4) communicating with recipients of grant funds to learn from successful and innovative
programs, develop procedures to simplify application and reporting requirements, and
identify gaps in programs or services that could be filled to improve public safety;
new text end
new text begin
(5) working with the commissioner to modify requests for proposals to better meet the
needs of applicants and the community;
new text end
new text begin
(6) working with the commissioner, community review panels, the final review panel,
and Office of Justice Programs staff to establish policies, procedures, and priorities to best
address public safety and community needs;
new text end
new text begin
(7) working with grant recipients, applicants whose proposals were not approved, and
individuals or entities interested in applying for grants to increase the understanding of the
grant process and help improve applications that are submitted;
new text end
new text begin
(8) analyzing the pool of applicants and public application materials to identify:
new text end
new text begin
(i) barriers to successful applications;
new text end
new text begin
(ii) eligible geographic, ethnic, or other communities that do not apply for grants;
new text end
new text begin
(iii) the demographics of populations served by grant applicants, including identification
of populations that are not receiving services and any disparities in services provided; and
new text end
new text begin
(iv) the types of programs that receive awards;
new text end
new text begin
(9) developing policies and procedures to support communities that are underserved by
grant recipients, address imbalances in the pool of grant applicants or recipients, and expand
the types of services provided by grant recipients to include effective programs that are
underutilized;
new text end
new text begin
(10) working with the Minnesota Statistical Analysis Center to identify appropriate
outcomes to track on an annual basis for both programs receiving grants and local
communities for the purpose of monitoring trends in public safety and the impact of specific
programmatic models; and
new text end
new text begin
(11) making recommendations to the legislature for changes in policy and funding to
address existing and emerging needs related to public safety.
new text end
new text begin
The board shall meet quarterly or at the call of the chair. At least
two meetings in each fiscal year must take place outside of the metropolitan area as defined
in section 473.121, subdivision 2. Meetings of the board are subject to chapter 13D.
new text end
new text begin
By January 15 each year, the board shall report to the legislative
committees and divisions with jurisdiction over public safety on the work of the board; the
use and impact of grant programs to address public safety, including emergency community
safety grants and local co-responder grants; grants issued by the Department of Public Safety
to local law enforcement agencies for portable recording systems; the outcomes tracked on
an annual basis by the Minnesota Statistical Analysis Center; and recommendations for
changes in policy and funding to improve public safety.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 299A.706, is amended to read:
An alcohol enforcement account is created in the special revenue fund, consisting of
money credited to the account by law. Money in the account may be appropriated by law
fornew text begin :new text end (1) costs of the Alcohol and Gambling Division related to administration and enforcement
of sections 340A.403, subdivision 4; 340A.414, subdivision 1a; deleted text begin anddeleted text end 340A.504, subdivision
7; new text begin and 340A.550, subdivisions 2, 4, 5, and 6; new text end and (2) costs of the State Patrol.
new text begin
This section is effective July 1, 2022.
new text end
Minnesota Statutes 2020, section 299A.78, subdivision 1, is amended to read:
For purposes of sections 299A.78 to 299A.795, the following
definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
that provide legal, social, or other community services.
deleted text begin
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end "Debt bondage" has the meaning given in section 609.281, subdivision 3.
deleted text begin (e)deleted text end new text begin (d)new text end "Forced labor or services" has the meaning given in section 609.281, subdivision
4.
deleted text begin (f)deleted text end new text begin (e)new text end "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
deleted text begin (g)deleted text end new text begin (f)new text end "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
deleted text begin (h)deleted text end new text begin (g)new text end "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
deleted text begin (i)deleted text end new text begin (h)new text end "Sex trafficking victim" has the meaning given in section 609.321, subdivision
7b.
deleted text begin (j)deleted text end new text begin (i)new text end "Trafficking" includes "labor trafficking" and "sex trafficking."
deleted text begin (k)deleted text end new text begin (j)new text end "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
new text begin
This section is effective August 1, 2022.
new text end
Minnesota Statutes 2020, section 299A.79, subdivision 3, is amended to read:
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, deleted text begin blackmail,deleted text end forced labor and
services, prostitution, and other coercive tactics; and risks of assault, criminal sexual conduct,
exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
new text begin
This section is effective August 1, 2022.
new text end
new text begin
A reward fund for information on missing and murdered
Indigenous relatives is created as an account in the state treasury. Money appropriated or
otherwise deposited into the account is available to pay rewards and for other purposes as
authorized under this section.
new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the reward advisory group, is authorized to pay a reward to
any person who provides relevant information relating to a missing and murdered Indigenous
relative investigation.
new text end
new text begin
(a) The director of the Office for Missing and
Murdered Indigenous Relatives, in consultation with the stakeholder groups described in
section 299A.85, subdivision 5, shall appoint an advisory group to make recommendations
on paying rewards under this section. The advisory group shall consist of the following
individuals:
new text end
new text begin
(1) a representative from the Office for Missing and Murdered Indigenous Relatives;
new text end
new text begin
(2) a representative from a Tribal, statewide, or local organization that provides legal
services to Indigenous women and girls;
new text end
new text begin
(3) a representative from a Tribal, statewide, or local organization that provides advocacy
or counseling for Indigenous women and girls who have been victims of violence;
new text end
new text begin
(4) a representative from a Tribal, statewide, or local organization that provides services
to Indigenous women and girls;
new text end
new text begin
(5) a Tribal peace officer who works for or resides on a federally recognized American
Indian reservation in Minnesota; and
new text end
new text begin
(6) a representative from the Minnesota Human Trafficking Task Force.
new text end
new text begin
(b) The advisory group shall meet as necessary but at a minimum twice per year to carry
out its duties and shall elect a chair from among its members at its first meeting. The director
shall convene the group's first meeting. The director shall provide necessary office space
and administrative support to the group. Members of the group serve without compensation
but shall receive expense reimbursement as provided in section 15.059.
new text end
new text begin
(c) The representative from the Office for Missing and Murdered Indigenous Relatives
may fully participate in the advisory group's activities but may not vote on issues before
the group.
new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the reward advisory group, may spend up to four percent of
available funds on an advertising or public relations campaign to increase public awareness
on the availability of rewards under this section.
new text end
new text begin
The director of the Office for Missing and Murdered
Indigenous Relatives, in consultation with the reward advisory group, may apply for and
accept grants and donations from the public and from public and private entities to implement
this section.
new text end
new text begin
A reward paid under this section may not exceed $1,000,000.
new text end
new text begin
The director of the Office for Missing and
Murdered Indigenous Relatives, in consultation with the reward advisory group, shall
determine the eligibility criteria and procedures for granting rewards under this section.
new text end
new text begin
As used in this section, "missing and murdered Indigenous relatives"
means missing and murdered Indigenous people from or descended from one of the United
States' federally recognized American Indian Tribes.
new text end
new text begin
The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Black women and girls within the
Minnesota Office of Justice Programs.
new text end
new text begin
(a) The commissioner must appoint a director who is a person
closely connected to the Black community and who is highly knowledgeable about criminal
investigations. The commissioner is encouraged to consider candidates for appointment
who are recommended by members of the Black community.
new text end
new text begin
(b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end
new text begin
(c) The director and full-time staff shall be members of the Minnesota State Retirement
System.
new text end
new text begin
(a) The office has the following duties:
new text end
new text begin
(1) advocate in the legislature for legislation that will facilitate the accomplishment of
mandates identified in the report of the Task Force on Missing and Murdered African
American Women;
new text end
new text begin
(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African American
Women;
new text end
new text begin
(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to cases of missing and murdered Black women and
girls;
new text end
new text begin
(4) facilitate research to refine the mandates in the report of the Task Force on Missing
and Murdered African American Women and to assess the potential efficacy, feasibility,
and impact of the recommendations;
new text end
new text begin
(5) facilitate research and collect data on missing person and homicide cases involving
Black women and girls, including the total number of cases, the rate at which the cases are
solved, the length of time the cases remain open, and a comparison to similar cases involving
different demographic groups;
new text end
new text begin
(6) collect data on Amber Alerts, including the total number of Amber Alerts issued,
the total number of Amber Alerts that involve Black girls, and the outcome of cases involving
Amber Alerts disaggregated by the child's race and sex;
new text end
new text begin
(7) collect data on reports of missing Black girls, including the number classified as
voluntary runaways, and a comparison to similar cases involving different demographic
groups;
new text end
new text begin
(8) facilitate research to assess the intersection between cases involving missing and
murdered Black women and girls and labor trafficking and sex trafficking;
new text end
new text begin
(9) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving missing and murdered Black women and girls and
labor trafficking and sex trafficking;
new text end
new text begin
(10) facilitate research to assess the intersection between cases involving murdered Black
women and girls and domestic violence, including prior instances of domestic violence
within the family or relationship, whether an offender had prior convictions for domestic
assault or related offenses, and whether the offender used a firearm in the murder or any
prior instances of domestic assault;
new text end
new text begin
(11) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving murdered Black women and girls and domestic
violence;
new text end
new text begin
(12) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end
new text begin
(13) track and collect Minnesota data on missing and murdered Black women and girls,
and provide statistics upon public or legislative inquiry;
new text end
new text begin
(14) facilitate technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;
new text end
new text begin
(15) conduct case reviews and report on the results of case reviews for the following
types of cases involving missing and murdered Black women and girls: (i) cold cases for
missing Black women and girls; and (ii) death investigation review for cases of Black women
and girls ruled as suicide or overdose under suspicious circumstances;
new text end
new text begin
(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against a Black woman or girl. These case reviews
must identify those cases where the perpetrator is a repeat offender;
new text end
new text begin
(17) prepare draft legislation as necessary to allow the office access to the data necessary
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
new text end
new text begin
(18) review sentencing guidelines for crimes related to missing and murdered Black
women and girls, recommend changes if needed, and advocate for consistent implementation
of the guidelines across Minnesota courts;
new text end
new text begin
(19) develop and maintain communication with relevant divisions in the Department of
Public Safety regarding any cases involving missing and murdered Black women and girls
and on procedures for investigating cases involving missing and murdered Black women
and girls; and
new text end
new text begin
(20) coordinate, as relevant, with federal efforts, and efforts in neighboring states and
Canada.
new text end
new text begin
(b) As used in this subdivision:
new text end
new text begin
(1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and
new text end
new text begin
(2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a.
new text end
new text begin
In fulfilling its duties, the office may
coordinate with stakeholder groups that were represented on the Task Force on Missing and
Murdered African American Women and state agencies that are responsible for the systems
that play a role in investigating, prosecuting, and adjudicating cases involving violence
committed against Black women and girls; those who have a role in supporting or advocating
for missing or murdered Black women and girls and the people who seek justice for them;
and those who represent the interests of Black people. This includes the following entities:
Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau of Criminal
Apprehension; Minnesota Police and Peace Officers Association; Tribal law enforcement;
Minnesota County Attorneys Association; United States Attorney's Office; juvenile courts;
Minnesota Coroners' and Medical Examiners' Association; United States Coast Guard; state
agencies, including the Departments of Health, Human Services, Education, Corrections,
and Public Safety; service providers who offer legal services, advocacy, and other services
to Black women and girls; Black women and girls who are survivors; and organizations
and leadership from urban and statewide Black communities.
new text end
new text begin
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered Black
women and girls in Minnesota, including names, dates of disappearance, and dates of death,
to the extent the data is publicly available. The office must submit the report by January 15
each year to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over public safety.
new text end
new text begin
The office may apply for and receive grants from public and private
entities for the purposes of carrying out the office's duties under this section.
new text end
new text begin
Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end
new text begin
(b) "Questioned identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in interactions with
law enforcement or that the offender has the same name. Questioned identity can lead to
difficulties differentiating the individual from the offender.
new text end
new text begin
(c) "Bureau" means the Bureau of Criminal Apprehension.
new text end
new text begin
(a) When an individual is the subject of questioned identity, the
individual may request a review by the bureau through its questioned identity process.
Individuals must contact the bureau and provide the following:
new text end
new text begin
(1) documentation of the individual's identity through government-issued photo
identification;
new text end
new text begin
(2) documents or information that lead the individual to believe that the individual is
the subject of questioned identity; and
new text end
new text begin
(3) fingerprints for identification verification purposes.
new text end
new text begin
(b) If the bureau is able to confirm that the individual is the subject of questioned identity,
the bureau shall provide documentation to the individual indicating that the individual has
been through the bureau's questioned identity process.
new text end
new text begin
(c) The bureau shall denote any aliases determined to be questioned identities in the
Criminal History System under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
new text end
new text begin
(d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's
warrant file if a photo is available.
new text end
new text begin
(e) The bureau, in consultation with reporting criminal justice agencies, may remove an
alias from a criminal history record when it determines doing so will not negatively impact
a criminal justice agency's ability to identify the offender in the future. Some considerations
in making the determination include but are not limited to time elapsed since the alias name
was last used, frequency with which the alias was used, current incarceration status of the
offender, whether it is or was the offender's name, and whether the offender is living or
deceased.
new text end
new text begin
(f) Law enforcement must take into account the presence of documentation from the
bureau or another law enforcement agency confirming a questioned identity when considering
whether an individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation provided
by an individual.
new text end
Minnesota Statutes 2020, section 299C.46, subdivision 1, is amended to read:
The commissioner of public safety shall establish a
criminal justice data communications network that will provide secure access to systems
and services available from or through the Bureau of Criminal Apprehension. new text begin The Bureau
of Criminal Apprehension may approve additional criminal justice uses by authorized
agencies to access necessary systems or services not from or through the bureau. new text end The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.
Minnesota Statutes 2020, section 299C.65, subdivision 1a, is amended to read:
(a) The Criminal and Juvenile Justice Information new text begin and
Bureau of Criminal Apprehension new text end Advisory Group consists of the following members:
(1) the commissioner of corrections or designee;
(2) the commissioner of public safety or designee;
(3) the state chief information officer or designee;
(4) three members of the judicial branch appointed by the chief justice of the supreme
court;
(5) the commissioner of administration or designee;
(6) the state court administrator or designee;
(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom
must be a sheriff;
(8) two members appointed by the Minnesota Chiefs of Police Association, at least one
of whom must be a chief of police;
(9) two members appointed by the Minnesota County Attorneys Association, at least
one of whom must be a county attorney;
(10) two members appointed by the League of Minnesota Cities representing the interests
of city attorneys, at least one of whom must be a city attorney;
(11) two members appointed by the Board of Public Defense, at least one of whom must
be a public defender;
(12) two corrections administrators appointed by the Association of Minnesota Counties
representing the interests of local corrections, at least one of whom represents a Community
Corrections Act county;
(13) two probation officers appointed by the commissioner of corrections in consultation
with the president of the Minnesota Association of Community Corrections Act Counties
and the president of the Minnesota Association of County Probation Officers;
(14) four public members appointed by the governor representing both metropolitan and
greater Minnesota for a term of four years using the process described in section 15.059,
one of whom represents the interests of victims, and one of whom represents the private
business community who has expertise in integrated information systems and who, for the
purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;
(15) two members appointed by the Minnesota Association for Court Management, at
least one of whom must be a court administrator;
(16) one member of the house of representatives appointed by the speaker of the house,
or an alternate who is also a member of the house of representatives, appointed by the
speaker of the house;
(17) one member of the senate appointed by the majority leader, or an alternate who is
also a member of the senate, appointed by the majority leader of the senate;
(18) one member appointed by the attorney general;
(19) two members appointed by the League of Minnesota Cities, one of whom works
or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official;
(20) two members appointed by the Association of Minnesota Counties, one of whom
works or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official; and
(21) the director of the Sentencing Guidelines Commission or a designee.
(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory
group.
(c) The advisory group shall serve as the state advisory group on statewide criminal
justice information policy and funding issues. The advisory group shall study and make
recommendations to the governor, the supreme court, and the legislature on criminal justice
information funding and policy issues such as related data practices, individual privacy
rights, and data on race and ethnicity; information-sharing at the local, state, and federal
levels; technology education and innovation; the impact of proposed legislation on the
criminal justice system related to information systems and business processes; and data and
identification standards.
new text begin
(d) The advisory group shall have the additional duties of reviewing and advising the
bureau superintendent on:
new text end
new text begin
(1) audits, accreditation reports, and internal reviews of bureau operations;
new text end
new text begin
(2) emerging technologies in the law enforcement and forensic science fields;
new text end
new text begin
(3) policies and practices that impact individual privacy interests; and
new text end
new text begin
(4) other programmatic and operational initiatives of the bureau at the request of the
superintendent.
new text end
Minnesota Statutes 2020, section 299C.65, subdivision 3a, is amended to read:
The advisory group shall file a biennial report with the governor,
supreme court, and chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over criminal justice funding
and policy by January 15 in each odd-numbered year. The report must provide the following:
(1) status and review of current statewide criminal justice information systems;
(2) recommendations concerning any legislative changes or appropriations that are
needed to ensure that the criminal justice information systems operate accurately and
efficiently; deleted text begin and
deleted text end
(3) new text begin a new text end summary of the activities of the advisory group, including any funding and grant
requestsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) a summary of any reviews conducted by the advisory group of bureau audits, reports,
policies, programs, and procedures and any recommendations provided to the bureau related
to the reviews.
new text end
Minnesota Statutes 2020, section 299F.362, is amended to read:
For the purposes of this section, the following definitions
shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other and doing their own cooking
in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house,
lodging house, or a hotel and which contains one or two "dwelling units" which are, or are
intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for
one or more persons including permanent provisions for living, sleeping, eating, cooking,
and sanitation, or a single unit used by one or more persons for sleeping and sanitation
pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five
guest rooms which are used or are intended to be used for sleeping purposes by guests and
where rent is paid in money, goods, labor, or otherwise.
The commissioner of public safety
shall promulgate rules concerning the placement of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end in dwellings,
apartment houses, hotels, and lodging houses. The rules shall take into account designs of
the guest rooms or dwelling units.
Every dwelling unit within a dwelling
must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end meeting the requirements of the State Fire
Code. The deleted text begin detectordeleted text end new text begin alarmnew text end must be mounted in accordance with the rules regarding smoke
deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin alarmnew text end
must provide an alarm in the dwelling unit.
In construction of a new dwelling,
each smoke deleted text begin detectordeleted text end new text begin alarmnew text end must be attached to a centralized power source.
Every dwelling
unit within an apartment house and every guest room in a lodging house or hotel used for
sleeping purposes must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end conforming to the
requirements of the State Fire Code. In dwelling units, deleted text begin detectorsdeleted text end new text begin alarmsnew text end must be mounted
in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under
subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin alarmnew text end must provide an alarm in the dwelling
unit or guest room.
For all occupancies covered by this section
where the occupant is not the owner of the dwelling unit or the guest room, the owner is
responsible for maintenance of the smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end . An owner may file inspection
and maintenance reports with the local fire marshal for establishing evidence of inspection
and maintenance of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end .
The occupant of a dwelling unit must
inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detectordeleted text end new text begin alarmnew text end within 24
hours of discovering that the smoke deleted text begin detectordeleted text end new text begin alarmnew text end in the dwelling unit is not functioning.
If the occupant fails to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
(a) Any person who violates any provision of this section deleted text begin shall bedeleted text end new text begin
isnew text end subject to the same penalty and the enforcement mechanism that is provided for violation
of the State Fire Code, as specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a smoke deleted text begin detectordeleted text end new text begin alarmnew text end or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty of a
misdemeanor.
This section prohibits a local unit of government
from adopting standards different from those provided in this section.
Notwithstanding subdivision 7, or other law, a local governing body may adopt,
by ordinance, rules for the installation of a smoke deleted text begin detectordeleted text end new text begin alarmnew text end in single-family homes in
the city that are more restrictive than the standards provided by this section. Rules adopted
pursuant to this subdivision may be enforced through a truth-in-housing inspection.
The position of Minnesota public fire safety
educator is established in the Department of Public Safety.
No insurer shall deny a claim for loss or damage by fire for
failure of a person to comply with this section.
Minnesota Statutes 2020, section 326.3361, subdivision 2, is amended to read:
The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment, or evidence that the employee has successfully completed equivalent training
before the start of employmentnew text begin . Notwithstanding any statute or rule to the contrary, this
clause is satisfied if the employee provides a prospective employer with a certificate or a
copy of a certificate demonstrating that the employee successfully completed this training
prior to employment with a different Minnesota licensee and completed this training within
three previous calendar years, or successfully completed this training with a Minnesota
licensee while previously employed with a Minnesota licensee. The certificate or a copy of
the certificate is the property of the employee who completed the training, regardless of
who paid for the training or how training was provided. A current or former licensed
employer must provide a copy of a certificate demonstrating the employee's successful
completion of training to a current or former employee upon the current or former employee's
request. For purposes of sections 181.960 to 181.966, the person who completed the training
is entitled to access a copy of the certificate and a current or former employer is obligated
to comply with the provisions thereundernew text end ;
(2) certification by the board of completion of certified training for a license holder,
qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,
a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours
a year for individuals who are armed with firearms or armed with weapons, which must
include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under
this subdivision.
Minnesota Statutes 2020, section 340A.304, is amended to read:
The commissioner shall revoke, or suspend for up to 60 days, a license issued under
section 340A.301 deleted text begin ordeleted text end new text begin ,new text end 340A.302,new text begin or 340A.550,new text end or impose a fine of up to $2,000 for each
violation, on a finding that the licensee has violated a state law or rule of the commissioner
relating to the possession, sale, transportation, or importation of alcoholic beverages. A
license revocation or suspension under this section is a contested case under sections 14.57
to 14.69 of the Administrative Procedure Act.
new text begin
This section is effective July 1, 2022.
new text end
Minnesota Statutes 2020, section 340A.417, is amended to read:
(a) Notwithstanding section 297G.07, subdivision 2, or any provision of this chapternew text begin
except for section 340A.550new text end , a winery licensed in a state other than Minnesota, or a winery
located in Minnesota, may ship, for personal use and not for resale, not more than deleted text begin twodeleted text end new text begin 12new text end
cases of wine, containing a maximum of nine liters per case, in any calendar year to any
resident of Minnesota age 21 or over. deleted text begin Delivery of a shipment under this section may not be
deemed a sale in this state.
deleted text end
(b) The shipping container of any wine sent under this section must be clearly marked
"Alcoholic Beverages: adult signature (over 21 years of age) required."
(c) It is not the intent of this section to impair the distribution of wine through distributors
or importing distributors, but only to permit shipments of wine for personal use.
(d) new text begin Except for a violation of section 295.75 or chapters 297A and 297G, new text end no criminal
penalty may be imposed on a person for a violation of this sectionnew text begin or section 340A.550new text end
other than a violation described in paragraph (e) or (f). Whenever it appears to the
commissioner that any person has engaged in any act or practice constituting a violation of
this sectiondeleted text begin ,deleted text end new text begin or section 340A.550new text end and the violation is not within two years of any previous
violation of this section, the commissioner shall issue and cause to be served upon the person
an order requiring the person to cease and desist from violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
shall be held not later than deleted text begin sevendeleted text end new text begin 20new text end days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of the administrative law
judge's report and subsequent exceptions and argument, the commissioner shall issue an
order vacating the cease and desist order, modifying it, or making it permanent as the facts
require. If no hearing is requested within 30 days of the service of the order, the order
becomes final and remains in effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of chapter 14. If the person
to whom a cease and desist order is issued fails to appear at the hearing after being duly
notified, the person shall be deemed in default, and the proceeding may be determined
against the person upon consideration of the cease and desist order, the allegations of which
may be deemed to be true.
(e) Any person who violates this sectionnew text begin or section 340A.550new text end within two years of a
violation for which a cease and desist order was issued under paragraph (d), is guilty of a
misdemeanor.
(f) Any person who commits a third or subsequent violation of this sectionnew text begin or section
340A.550new text end within any subsequent two-year period is guilty of a gross misdemeanor.
new text begin
This section is effective July 1, 2022.
new text end
new text begin
(a) "Direct ship purchaser" means a person who purchases
wine for personal use and not for resale from a winery located in a state other than Minnesota
for delivery to a Minnesota address.
new text end
new text begin
(b) "Direct ship winery" means a winery licensed in a state other than Minnesota that
manufactures and makes a retail sale of wine and ships the wine to a direct ship purchaser
as authorized under section 340A.417.
new text end
new text begin
(a) A direct ship winery must apply to the commissioner
for a direct ship license. The commissioner must not issue a license under this section unless
the applicant:
new text end
new text begin
(1) is a licensed winery in a state other than Minnesota and provides a copy of its current
license in any state in which it is licensed to manufacture wine;
new text end
new text begin
(2) provides a shipping address list, including all addresses from which it intends to ship
wine;
new text end
new text begin
(3) agrees to comply with the requirements of subdivision 4; and
new text end
new text begin
(4) consents to the jurisdiction of the Departments of Public Safety and Revenue, the
courts of this state, and any statute, law, or rule in this state related to the administration or
enforcement of this section, including any provision authorizing the commissioners of public
safety and revenue to audit a direct ship winery for compliance with this and any related
section.
new text end
new text begin
(b) A direct ship winery obtaining a license under this section must annually renew its
license by January 1 of each year and must inform the commissioner at the time of renewal
of any changes to the information previously provided in paragraph (a).
new text end
new text begin
(c) The application fee for a license is $50. The fee for a license renewal is $50. The
commissioner must deposit all fees received under this subdivision in the alcohol enforcement
account in the special revenue fund established under section 299A.706.
new text end
new text begin
(a) A direct ship winery may only ship
wine from an address provided to the commissioner as required in subdivision 2, paragraph
(a), clause (2), or through a third-party provider whose name and address the licensee
provided to the commissioner in the licensee's application for a license.
new text end
new text begin
(b) A direct ship winery or its third-party provider may only ship wine from the direct
ship winery's own production.
new text end
new text begin
A direct ship winery must:
new text end
new text begin
(1) collect and remit the liquor gross receipts tax as required in section 295.75;
new text end
new text begin
(2) apply for a permit as required in section 297A.83 and collect and remit the sales and
use tax imposed as required in chapter 297A;
new text end
new text begin
(3) remit the tax as required in chapter 297G; and
new text end
new text begin
(4) provide a statement to the commissioner, on a form prescribed by the commissioner,
detailing each shipment of wine made to a resident of this state and any other information
required by the commissioner.
new text end
new text begin
(a) Data collected,
created, or maintained by the commissioner as required under this section are classified as
private data on individuals or nonpublic data, as defined in section 13.02, subdivisions 9
and 12.
new text end
new text begin
(b) The commissioner must share data classified as private or nonpublic under this
section with the commissioner of revenue for purposes of administering section 295.75 and
chapters 289A, 297A, and 297G.
new text end
new text begin
Section 340A.417, paragraphs (d) to (f), apply to this
section.
new text end
new text begin
This section is effective July 1, 2022.
new text end
new text begin
Each common carrier that contracts with a
winery under section 340A.417 for delivery of wine into this state must file with the
commissioner a monthly report of known wine shipments made by the carrier. The report
must be made in a form and manner as prescribed by the commissioner and must contain:
new text end
new text begin
(1) the name of the common carrier making the report;
new text end
new text begin
(2) the period of time covered by the report;
new text end
new text begin
(3) the name and business address of the consignor;
new text end
new text begin
(4) the name and address of the consignee;
new text end
new text begin
(5) the weight of the package delivered to the consignee;
new text end
new text begin
(6) a unique tracking number; and
new text end
new text begin
(7) the date of delivery.
new text end
new text begin
Upon written request by the commissioner,
any records supporting the report in subdivision 1 must be made available to the
commissioner within 30 days of the request. Any records containing information relating
to a required report must be retained and preserved for a period of two years, unless
destruction of the records prior to the end of the two-year period is authorized in writing
by the commissioner. All retained records must be open and available for inspection by the
commissioner upon written request. The commissioner must make the required reports
available to any law enforcement agency or regulatory body of any local government in the
state in which the common carrier making the report resides or does business.
new text end
new text begin
If a common carrier willfully violates the requirement to report a
delivery under this section or violates any rule related to the administration and enforcement
of this section, the commissioner must notify the common carrier in writing of the violation.
The commissioner may impose a fine in an amount not to exceed $500 for each subsequent
violation.
new text end
new text begin
This section does not apply to common carriers regulated as
provided by United States Code, title 49, section 10101, et. seq.; or to rail
trailer-on-flatcar/container-on-flatcar (TOFC/COFC) service, as provided by Code of Federal
Regulations, title 49, section 1090.1; or highway TOFC/COFC service provided by a rail
carrier, either itself or jointly with a motor carrier, as part of continuous intermodal freight
transportation, including but not limited to any other TOFC/COFC transportation as defined
under federal law.
new text end
new text begin
(a) Data collected,
created, or maintained by the commissioner as required under subdivision 1, clauses (4) to
(6), are classified as private data on individuals or nonpublic data, as defined in section
13.02, subdivisions 9 and 12.
new text end
new text begin
(b) The commissioner must share data classified as private or nonpublic under this
section with the commissioner of revenue for purposes of administering section 295.75 and
chapters 289A, 297A, and 297G.
new text end
new text begin
This section is effective July 1, 2022.
new text end
Minnesota Statutes 2020, section 403.02, is amended by adding a subdivision to
read:
new text begin
"Public safety telecommunicator" means
a person who is employed by a primary, secondary, or Tribal public safety answering point,
an emergency medical dispatch service provider, or both, and serves as an initial first
responder to answer incoming emergency telephone calls or provide for the appropriate
emergency response either directly or through communication with the appropriate public
safety answering point. Public safety telecommunicator includes persons who supervise
public safety telecommunicators. Pursuant to section 403.051, after August 1, 2024, public
safety telecommunicators and those who directly manage or supervise public safety
telecommunicators must be certified by the commissioner.
new text end
new text begin
After August 1, 2024, a public safety
telecommunicator must be certified by the commissioner to serve in that role.
new text end
new text begin
(a) The commissioner of public
safety, in coordination with the Statewide Emergency Communications Board, must adopt
rules for certification requirements for public safety telecommunicators and establish in
rule criteria for training, certification, and continuing education that incorporate the
requirements set forth in paragraph (b).
new text end
new text begin
(b) The commissioner must require that candidates for public safety telecommunicator
certification and recertification demonstrate, at a minimum, proficiency in the following
areas:
new text end
new text begin
(1) public safety telecommunicator roles and responsibilities;
new text end
new text begin
(2) applicable legal concepts;
new text end
new text begin
(3) interpersonal skills;
new text end
new text begin
(4) emergency communications technology and information systems;
new text end
new text begin
(5) 911 call processing;
new text end
new text begin
(6) emergency management;
new text end
new text begin
(7) radio communications for the public safety telecommunicator;
new text end
new text begin
(8) stress management; and
new text end
new text begin
(9) quality performance standards management.
new text end
new text begin
To maintain certification under this section, a public
safety telecommunicator must complete 48 hours of approved continuing education
coursework every two years.
new text end
Minnesota Statutes 2021 Supplement, section 403.11, subdivision 1, is amended
to read:
(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and deleted text begin maydeleted text end new text begin mustnew text end be appropriated deleted text begin from time to timedeleted text end to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications servicesnew text begin ,
including public safety telecommunicator training, certification, and continuing educationnew text end .
(c) The fee may not be more than 95 cents a month on or after July 1, 2010, for each
customer access line or other basic access service, including trunk equivalents as designated
by the Public Utilities Commission for access charge purposes and including wireless
telecommunications services. With the approval of the commissioner of management and
budget, the commissioner of public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the amount to be collected. When
the revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
no longer needed. The commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same for all customers, except that
the fee imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Minnesota Statutes 2021 Supplement, section 609.02, subdivision 16, is amended
to read:
"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder);new text begin 609.195 (third-degree murder); 609.20 (first-degree
manslaughter); 609.205 (second-degree manslaughter);new text end 609.221 (first-degree assault);
609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree
assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female
genital mutilation); 609.2247 (domestic assault by strangulation);new text begin 609.25 (kidnapping);
609.255 (false imprisonment);new text end 609.342 (first-degree criminal sexual conduct); 609.343
(second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (harassment or stalking); 609.78,
subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination
of private sexual images); and 629.75 (violation of domestic abuse no contact order); and
similar laws of other states, the United States, the District of Columbia, Tribal lands, and
United States territories.
new text begin
This section is effective August 1, 2022.
new text end
Minnesota Statutes 2020, section 609.281, subdivision 3, is amended to read:
"Debt bondage" deleted text begin means the status or condition of a debtor arising
from a pledge by the debtor of the debtor's personaldeleted text end new text begin occurs when a person provides labor
ornew text end services deleted text begin or thosedeleted text end new text begin of any kind to pay a real or alleged debtnew text end of deleted text begin adeleted text end new text begin thenew text end person deleted text begin under the debtor's
control as a security for debtdeleted text end new text begin or anothernew text end , if the value of deleted text begin thosedeleted text end new text begin the labor ornew text end services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature
of deleted text begin thosedeleted text end new text begin the labor ornew text end services are not respectively limited and defined.
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.281, subdivision 4, is amended to read:
"Forced new text begin or coerced new text end labor or services"
means labor or services new text begin of any kind new text end that are performed or provided by another person and
are obtained or maintained through an actor's:
(1) threat, either implicit or explicit, scheme, plan, deleted text begin ordeleted text end pattern, or other action new text begin or statement
new text end intended to cause a person to believe that, if the person did not perform or provide the labor
or services, that person or another deleted text begin persondeleted text end would suffer deleted text begin bodily harm ordeleted text end physical restraint;new text begin
sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,
psychological, economic, or reputational harm;
new text end
(2) deleted text begin physically restraining or threatening to physically restraindeleted text end new text begin sexual contact, as defined
in section 609.341, subdivision 11, paragraph (b), withnew text end a person;
new text begin
(3) physical restraint of a person;
new text end
new text begin
(4) infliction of bodily, psychological, economic, or reputational harm;
new text end
deleted text begin (3)deleted text end new text begin (5)new text end abuse or threatened abuse of the legal processnew text begin , including the use or threatened
use of a law or legal process, whether administrative, civil, or criminalnew text end ;new text begin or
new text end
deleted text begin (4) knowingly destroying, concealing, removing, confiscating, or possessingdeleted text end new text begin (6)
destruction, concealment, removal, confiscation, withholding, or possession ofnew text end any actual
or purported passport or other immigration document, or any other actual or purported
government identification document, of another persondeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) use of blackmail.
deleted text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.281, subdivision 5, is amended to read:
"Labor trafficking" means:
(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,
or receipt of a person by any means, deleted text begin for the purposedeleted text end new text begin in furtherancenew text end of:
(i) debt bondage deleted text begin ordeleted text end new text begin ;
new text end
new text begin (ii)new text end forced labor or services;
deleted text begin (ii)deleted text end new text begin (iii)new text end slavery or practices similar to slavery; or
deleted text begin (iii)deleted text end new text begin (iv)new text end the removal of organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know it is derived
from an act described in clause (1).
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.282, subdivision 1, is amended to read:
Whoever
knowingly engages in the labor trafficking of an individual deleted text begin who is under the age of 18deleted text end is
guilty of a crime and may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years or
to payment of a fine of not more than $40,000, or bothnew text begin if the labor trafficking victim dies
and the death arose out of and in the course of the labor trafficking or the labor and services
related to the labor traffickingnew text end .
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.282, is amended by adding a subdivision
to read:
new text begin
Whoever knowingly engages in the labor trafficking of an individual is guilty of a
crime and may be sentenced to imprisonment for not more than 20 years or to a payment
of a fine of not more than $40,000, or both if any of the following circumstances exist:
new text end
new text begin
(1) the labor trafficking victim is under the age of 18;
new text end
new text begin
(2) the labor trafficking occurs over an extended period of time; or
new text end
new text begin
(3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose
out of and in the course of the labor trafficking or the labor and services related to the labor
trafficking.
new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.87, is amended by adding a subdivision to
read:
new text begin
"Data" means records or information in digital form on a computer or
in software that can be stored, transmitted, or processed.
new text end
Minnesota Statutes 2020, section 609.89, subdivision 1, is amended to read:
Whoever does any of the following is guilty of computer theft and
may be sentenced as provided in subdivision 2:
(a) intentionally and without authorization or claim of right accesses or causes to be
accessed any computer, computer system, computer network or any part thereof for the
purpose of obtaining services or property; deleted text begin or
deleted text end
(b) intentionally and without claim of right, and with intent to deprive the owner of use
or possession, takes, transfers, conceals or retains possession of any computer, computer
system, or any computer software or data contained in a computer, computer system, or
computer networkdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(c) intentionally and without authorization or claim of right accesses or copies any
computer software or data and uses, alters, transfers, retains, or publishes the software or
data; or
new text end
new text begin
(d) intentionally retains copies of any computer software or data beyond the individual's
authority.
new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:
new text begin (a) new text end The board shall adopt rules with respect to:
(1) the certification of postsecondary schools to provide programs of professional peace
officer education;
(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;
(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;
(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;
(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;
(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;
(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;
(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;
(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;
(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;
(11) citizenship requirements for peace officers and part-time peace officers;
(12) driver's license requirements for peace officers and part-time peace officers; and
(13) such other matters as may be necessary consistent with sections 626.84 to 626.863.
Rules promulgated by the attorney general with respect to these matters may be continued
in force by resolution of the board if the board finds the rules to be consistent with sections
626.84 to 626.863.
new text begin
(b) In adopting and enforcing the rules described under paragraph (a), the board shall
prioritize the goal of promoting public safety. Promoting public safety includes the promotion
of human rights. "Public safety" means reducing or preventing crime by diverting people
away from the criminal justice system whenever possible, effecting arrest or detention
practices that are the least restrictive necessary to protect the public, and promoting the
rehabilitation of those who engage in criminal activity through the provision of
evidence-based programming and services, while still maintaining the basic rights, freedoms,
and privileges that belong to every person, including the right to dignity, fairness, equality,
respect, and freedom from discrimination.
new text end
Minnesota Statutes 2020, section 626A.35, is amended by adding a subdivision
to read:
new text begin
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
new text end
new text begin
(1) the consent of the owner of the vehicle has been obtained; or
new text end
new text begin
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen, and the vehicle is occupied when the tracking device is installed.
new text end
new text begin
(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
new text end
new text begin
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2021 Supplement, section 628.26, is amended to read:
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563deleted text begin ,deleted text end shall be found
or made and filed in the proper court within five years after the commission of the offense.
new text begin
(j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (k)deleted text end new text begin (l)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (l)deleted text end new text begin (m)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (m)deleted text end new text begin (n)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 629.341, subdivision 3, is amended to read:
The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of the
legal rights and remedies available. The notice must include furnishing the victim a copy
of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
The notice must include the resource listing, including telephone number, for the area
battered women's shelter, to be designated by the new text begin Office of Justice Programs in the
new text end Department of deleted text begin Correctionsdeleted text end new text begin Public Safetynew text end .
Minnesota Statutes 2020, section 629.341, subdivision 4, is amended to read:
Whenever a peace officer investigates an allegation that an
incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer
shall make a written police report of the alleged incident. The report must contain at least
the following information: the name, address and telephone number of the victim, if provided
by the victim, a statement as to whether an arrest occurred, the name of the arrested person,
and a brief summary of the incident. Data that identify a victim who has made a request
under section 13.82, subdivision 17, paragraph (d), and that are private data under that
subdivision, shall be private in the report required by this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney,
or organizations designated by the Office of Justice Programs in the Department of Public
Safety deleted text begin or the commissioner of correctionsdeleted text end that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom
the employer's rules or policies require reports of similar allegations of criminal activity to
be made.
Minnesota Statutes 2020, section 629.72, subdivision 6, is amended to read:
(a) Immediately after issuance of a citation
in lieu of continued detention under subdivision 1, or the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone
number of deleted text begin the area battered women's shelter asdeleted text end new text begin programs that provide services to victims
of domestic abuse new text end designated by the Office of Justice Programs in the Department of Public
Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.
Laws 2021, First Special Session chapter 11, article 2, section 12, is amended to
read:
(a) The definitions in this subdivision apply to this section.
new text begin
(b) "Critical illness" means cardiac disease and cancer as well as other illnesses covered
by a policy of insurance issued by an insurer in compliance with chapter 60A.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Firefighter" means a volunteer, paid on-call, part-time, or career firefighter
serving a general population within the boundaries of the state.
deleted text begin (c)deleted text end new text begin (d)new text end "Minnesota Firefighter Initiative" means a collaborative that is established by
major fire service organizations in Minnesota, is a nonprofit organization, and is tax exempt
under section 501(c)(3) of the Internal Revenue Code.
The commissioner of public safety shall award a grant
to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program
for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
(1) to deleted text begin provide a onetimedeleted text end new text begin establish and fundnew text end critical illness new text begin coverage that provides new text end monetary
support deleted text begin paymentdeleted text end new text begin paymentsnew text end to each firefighter who is diagnosed with deleted text begin cancer or heart diseasedeleted text end new text begin
a critical illness on or after August 1, 2021,new text end and who applies for the payment. Monetary
support shall be provided according to the requirements in subdivision 3;
(2) to develop a psychotherapy program customized to address emotional trauma
experienced by firefighters and to offer all firefighters in the state up to five psychotherapy
sessions per year under the customized program, provided by mental health professionals;
(3) to deleted text begin offerdeleted text end new text begin coordinatenew text end additional psychotherapy sessions to firefighters who need them;
(4) to develop, annually update, and annually provide to all firefighters in the state at
least two hours of training on new text begin critical illnesses, such as new text end cancerdeleted text begin ,deleted text end new text begin andnew text end heart disease, and
emotional trauma as causes of illness and death for firefighters; steps and best practices for
firefighters to limit the occupational risks of cancer, heart disease, and emotional trauma;
provide evidence-based suicide prevention strategies; and ways for firefighters to address
occupation-related emotional trauma and promote emotional wellness. The training shall
be presented by firefighters who attend an additional course to prepare them to serve as
trainers; and
(5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated
with conducting the activities in clauses (1) to (4).
(a) The Minnesota Firefighter
Initiative shall establish and administer a critical illness monetary support program which
shall provide deleted text begin a onetimedeleted text end support deleted text begin paymentdeleted text end new text begin paymentsnew text end of up to $20,000 to each new text begin eligible
new text end firefighter deleted text begin diagnosed with cancer or heart disease. A firefighter may apply for monetary
support from the program, in a form specified by the Minnesota Firefighter Initiative, if the
firefighter has a current diagnosis of cancer or heart disease or was diagnosed with cancer
or heart disease in the year preceding the firefighter's applicationdeleted text end .new text begin A firefighter who is
diagnosed with a critical illness on or after August 1, 2021, is eligible to apply for benefits
under the monetary support program and has 12 months from the diagnosis to submit an
application.new text end A firefighter's application for monetary support must include a certification
from the firefighter's health care provider of the firefighter's diagnosis deleted text begin with cancer or heart
diseasedeleted text end new text begin of an eligible critical illnessnew text end . The Minnesota Firefighter Initiative shall establish
criteria to guide disbursement of monetary support payments under this program, and shall
scale the amount of monetary support provided to each firefighter according to the severity
of the firefighter's diagnosis.
(b) The commissioner of public safety may access the accounts of the critical illness
monetary support program deleted text begin and maydeleted text end new text begin tonew text end conduct periodic audits of the program to ensure that
payments are being made in compliance with this section and disbursement criteria
established by the Minnesota Firefighter Initiative.
The commissioner may accept contributions
from nonstate sources to supplement state appropriations for the hometown heroes assistance
program. Contributions received under this subdivision are appropriated to the commissioner
for the grant to the Minnesota Firefighter Initiative for purposes of this section.
new text begin
The Task Force on a Coordinated Approach to Juvenile
Wellness and Justice is established to review the juvenile justice system in Minnesota,
examine approaches taken in other jurisdictions, and make policy and funding
recommendations to the legislature.
new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) a district court judge serving as the presiding judge in a district juvenile court
appointed by the governor;
new text end
new text begin
(2) the state public defender or a designee;
new text end
new text begin
(3) a county attorney appointed by the Minnesota County Attorneys Association;
new text end
new text begin
(4) the warden of the Minnesota correctional facility for juveniles in Red Wing or a
designee;
new text end
new text begin
(5) a representative from a Tribal social services agency or a Tribal Council appointed
by the Indian Affairs Council;
new text end
new text begin
(6) a representative from an Ojibwe Indian Tribe and a representative from a Dakota
Indian Tribe appointed by the Indian Affairs Council;
new text end
new text begin
(7) a probation agent who supervises juveniles appointed by the Minnesota Association
of Community Corrections Act Counties;
new text end
new text begin
(8) a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the governor from a list of three candidates submitted jointly
by the Minnesota Chiefs of Police Association, the Minnesota Sheriffs' Association, and
the Minnesota Police and Peace Officers Association;
new text end
new text begin
(9) a high school principal appointed by the governor from a list of two candidates
submitted jointly by the commissioner of education and the executive director of Education
Minnesota;
new text end
new text begin
(10) a representative from a county social services agency that has responsibility for
public child welfare and child protection services, appointed by the governor;
new text end
new text begin
(11) an individual who was the victim of an offense committed by a juvenile, appointed
by the governor;
new text end
new text begin
(12) a representative from a community-driven nonprofit law firm that represents juveniles
in delinquency matters, appointed by the governor;
new text end
new text begin
(13) an individual who is a children's mental health professional appointed by AspireMN;
new text end
new text begin
(14) an individual who is the family member of youth impacted by the juvenile justice
system; and
new text end
new text begin
(15) ten youths under age 25 with interest or experience in the juvenile justice, juvenile
protection, and foster care systems.
new text end
new text begin
(b) To the extent possible, the demographics of the public members identified in
paragraph (a), clause (15), must be inclusive and represent the ethnic and racial diversity
of the state, including gender and sexual orientation, immigrant status, and religious and
linguistic background. At least two of those public members must be from outside the
metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2.
new text end
new text begin
(c) Appointments must be made no later than September 15, 2022.
new text end
new text begin
(d) Public members identified in paragraph (a), clause (15), are eligible for compensation
and expense reimbursement consistent with Minnesota Statutes, section 15.059, subdivision
3. All other members shall serve without compensation.
new text end
new text begin
(e) 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
(a) At its first meeting, the members of the task force shall
elect cochairs of the task force, at least one of whom must be a public member identified
in subdivision 2, paragraph (a), clause (15). The task force may elect other officers as
necessary.
new text end
new text begin
(b) The executive director of the Office of Justice Programs shall convene the first
meeting of the task force no later than October 15, 2022, and shall provide meeting space
and administrative assistance through the Office of Justice Programs 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 a cochair. 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
(a) The task force shall, at a minimum:
new text end
new text begin
(1) review Minnesota's juvenile justice system;
new text end
new text begin
(2) identify areas of overlap and conflict between Minnesota's juvenile justice and child
protection systems, including areas of collaboration and coordination, provision of duplicated
services, and any inconsistent expectations placed on juveniles;
new text end
new text begin
(3) review alternative approaches to juvenile justice in Minnesota counties, Tribal
communities, and other states or jurisdictions;
new text end
new text begin
(4) identify social, emotional, and developmental factors that contribute to delinquent
acts by juveniles;
new text end
new text begin
(5) identify approaches to juvenile justice that involve the affected juvenile and address
any underlying factors that contribute to delinquent acts by juveniles;
new text end
new text begin
(6) identify approaches to juvenile justice that hold juvenile offenders accountable to
victims and the community in ways that seek to strengthen the juvenile's connection to the
community; and
new text end
new text begin
(7) make recommendations for community and legislative action to address juvenile
justice in Minnesota.
new text end
new text begin
(b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end
new text begin
By January 15, 2024, the task force shall submit a report to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over public safety finance and policy, judiciary finance and policy, human services finance
and policy, and education finance and policy.
new text end
new text begin
The task force expires the day after submitting its final report under
subdivision 5.
new text end
new text begin
"Re-entry program" means county remote monitoring, county
dosage probation programs, county probation check-in stations, and any program primarily
aimed at supporting individuals with a criminal record, including but not limited to
employment programs, housing programs, and education programs.
new text end
new text begin
(a) Application materials for grants
issued under this section must be prepared and made available to the public by July 15,
2022.
new text end
new text begin
(b) Applications must be reviewed and considered by the commissioner as they are
received, and the commissioner shall approve applications when they are determined to
meet eligibility requirements and all applicable grant standards.
new text end
new text begin
(c) Half of the total amount awarded must be provided to programs that do not involve
law enforcement agencies and are for the purposes identified in subdivision 3, paragraph
(c), clauses (1) to (8).
new text end
new text begin
(a) A county; city; town; local law enforcement agency,
including a law enforcement agency of a federally recognized Tribe, as defined in United
States Code, title 25, section 450b(e); or a federally recognized Indian Tribe may apply for
emergency community safety grants to support crime prevention programs.
new text end
new text begin
(b) A county, city, town, or a federally recognized Indian Tribe may apply as part of a
multijurisdictional collaboration with other counties, cities, towns, or federally recognized
Indian Tribes.
new text end
new text begin
(c) As used in this section, "crime prevention programs" includes but is not limited to:
new text end
new text begin
(1) re-entry programs;
new text end
new text begin
(2) victim services programs;
new text end
new text begin
(3) homelessness assistance programs;
new text end
new text begin
(4) mobile crisis teams and embedded social worker programs;
new text end
new text begin
(5) restorative justice programs;
new text end
new text begin
(6) co-responder programs;
new text end
new text begin
(7) juvenile diversion programs;
new text end
new text begin
(8) community violence interruption programs;
new text end
new text begin
(9) increasing the recruitment of officers by utilizing advertisements, or bonuses or
scholarships for peace officers who remain continuously employed as peace officers for at
least 12 months and have not been subject to disciplinary action in the previous 12 months;
new text end
new text begin
(10) increasing patrols outside of squad cars, on foot or in transportation options that
provide more interaction between police and community members;
new text end
new text begin
(11) increasing, establishing, maintaining, or expanding 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
(12) establishing, maintaining, or expanding co-responder teams;
new text end
new text begin
(13) purchasing equipment to perform patrols outside of squad cars on foot or in
transportation options that provide more interaction between police and community members;
new text end
new text begin
(14) hiring additional non-law-enforcement personnel to conduct functions typically
performed by law enforcement with the intent of freeing up additional law enforcement to
perform patrols or respond to service calls;
new text end
new text begin
(15) increasing recruitment of additional detectives, investigators, or other individuals
with a comparable rank or designation to investigate homicides, nonfatal shootings, or motor
vehicle theft, including hiring, on a temporary or permanent basis, retired officers utilizing
advertisements, or bonuses or scholarships for peace officers who remain continuously
employed as peace officers for at least 12 months and have not been subject to disciplinary
action in the previous 12 months;
new text end
new text begin
(16) increasing recruitment of additional peace officers to replace officers transferred
or promoted to detective, investigator, or a comparable rank and assigned to investigate
homicides, nonfatal shootings, or motor vehicle theft;
new text end
new text begin
(17) ensuring 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
(18) acquiring, upgrading, or replacing investigative or evidence-processing technology
or equipment;
new text end
new text begin
(19) hiring additional evidence-processing personnel;
new text end
new text begin
(20) ensuring that personnel responsible for evidence processing have sufficient resources
and training;
new text end
new text begin
(21) hiring and training 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, nonfatal shootings,
and carjackings;
new text end
new text begin
(22) ensuring that victim services and personnel are sufficiently funded, staffed, and
trained;
new text end
new text begin
(23) ensuring that 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
(24) developing competitive and evidence-based programs to improve homicide and
nonfatal shooting clearance rates; or
new text end
new text begin
(25) developing 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
(a) A crime prevention program may apply to the
commissioner of public safety for a grant for any of the purposes described in subdivision
3. The application must be on forms and pursuant to procedures developed by the
commissioner. The application must describe the type or types of intended emergency
assistance, estimate the amount of money required, and include any other information
deemed necessary by the commissioner.
new text end
new text begin
(b) An applicant may not spend in any fiscal year more than ten percent of the grant
awarded for administrative costs.
new text end
new text begin
(c) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin
The recipient of a grant
under this section shall file a report with the commissioner of public safety by December
15 of each calendar year in which funds were received or used. Reports must itemize the
expenditures made, indicate the purpose of those expenditures, and describe the ultimate
disposition, if any, of each case. The report must be on forms and pursuant to procedures
developed by the commissioner.
new text end
new text begin
(a) Application materials for
grants issued under this section must be prepared and made available to the public by August
15.
new text end
new text begin
(b) The commissioner must prioritize awarding grants to applicants who are not eligible
to apply for local community innovation grants, local community policing grants, or local
investigation grants.
new text end
new text begin
(c) Half of the total amount awarded must be provided to programs that do not involve
law enforcement agencies and are for the purposes identified in subdivision 3, paragraph
(c), clauses (1) to (8).
new text end
new text begin
(a) A county; city; town; local law enforcement agency,
including a law enforcement agency of a federally recognized Tribe, as defined in United
States Code, title 25, section 450b(e); or a federally recognized Indian Tribe may apply for
local co-responder grants for the purposes identified in this subdivision.
new text end
new text begin
(b) A county, city, town, or a federally recognized Indian Tribe may apply as part of a
multijurisdictional collaboration with other counties, cities, towns, or federally recognized
Indian Tribes.
new text end
new text begin
(c) Qualifying programs must partner with local law enforcement organizations and
must include:
new text end
new text begin
(1) embedded social workers;
new text end
new text begin
(2) mobile crisis teams; or
new text end
new text begin
(3) violence interrupters who work with law enforcement agencies.
new text end
new text begin
(a) A co-responder program may apply to the
commissioner of public safety for a grant for any of the purposes described in subdivision
3. The application must be on forms and pursuant to procedures developed by the
commissioner.
new text end
new text begin
(b) An applicant may not spend in any fiscal year more than ten percent of the grant
awarded for administrative costs.
new text end
new text begin
(c) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin
The recipient of a grant
under this section shall file a report with the commissioner of public safety by December
15 of each calendar year in which funds were received or used. Reports must itemize the
expenditures made, indicate the purpose of those expenditures, and describe the ultimate
disposition, if any, of each case. The report must be on forms and pursuant to procedures
developed by the commissioner.
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) "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
(c) "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
(d) "Qualified local government entity" means a city or town, or a federally recognized
Indian Tribe with a law enforcement agency that reports statistics on crime rates.
new text end
new text begin
(e) "Re-entry program" means county remote monitoring, county dosage probation
programs, county probation check-in stations, and any program primarily aimed at supporting
individuals with a criminal record, including but not limited to employment programs,
housing programs, and education programs.
new text end
new text begin
(f) "Restorative justice program" has the meaning given in Minnesota Statutes, section
611A.775, and includes Native American sentencing circles.
new text end
new text begin
(a) Application materials for grants issued under
this section must be prepared and made available to the public by September 1.
new text end
new text begin
(b) Applications must be received and reviewed, and successful applicants must be
notified of approval, within six months of an appropriation being made to fund the grants.
new text end
new text begin
(a) The Office of Justice Programs shall establish a final
review panel of office staff to make final decisions on grants awarded under this section.
new text end
new text begin
(b) Staff serving on the final review panel must represent the office's responsibility for
community outreach, research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management. At a minimum, the final review panel shall
include:
new text end
new text begin
(1) three individuals with specialized knowledge of, or an advanced degree in,
criminology, sociology, urban studies, or social work;
new text end
new text begin
(2) an individual with professional duties that include research and analysis; and
new text end
new text begin
(3) an individual with professional duties that include grant compliance or grant
management.
new text end
new text begin
(c) If the commissioner rejects or otherwise does not follow the final review panel's
decisions or recommendations regarding awarding or not awarding a grant, the commissioner
shall notify the chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the reasons for
the commissioner's decision.
new text end
new text begin
(a) The commissioner of public
safety shall publish the following lists by August 1 of each year to determine eligibility for
the formula grant:
new text end
new text begin
(1) the qualified local government entities with at least three recorded violent crimes in
the previous fiscal year and the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(2) the counties with the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(3) the qualified local government entities that are not included in the list generated
pursuant to clause (1) and have experienced at least three recorded violent crimes in the
previous fiscal year and the 20 fastest increases in the per capita rate of crime in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System; and
new text end
new text begin
(4) the counties that are not included in the list generated pursuant to clause (2) and have
experienced the 20 fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
new text end
new text begin
(b) A county or qualified local government entity identified in any list produced pursuant
to paragraph (a), clauses (1) to (4), may apply for a grant under this section. A listed county
or qualified local government entity that reports statistics on crime rates may apply as part
of a multijurisdictional collaboration with counties or local government entities that are not
listed provided the portion of programs or services provided through the grant funding that
are performed in the listed county or qualified local government entity is at least equal to
its proportion of the membership of the multijurisdictional collaboration.
new text end
new text begin
(c) The commissioner of public safety shall post the lists described in paragraph (a),
clauses (1) to (4), on a publicly facing website and shall work with the League of Minnesota
Cities, Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established under
Minnesota Statutes, section 3.922, to notify entities that are eligible to apply for grants under
this section.
new text end
new text begin
(a) Half of the total amount appropriated under this section
must be awarded to counties or qualified local government entities identified in subdivision
4, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) Half the total amount appropriated under this section must be awarded to counties
or qualified local government entities identified in subdivision 4, paragraph (a), clause (3)
or (4).
new text end
new text begin
(a) Applicants must submit an application in the form
and manner established by the commissioner of public safety.
new text end
new text begin
(b) Applicants must describe the ways in which grant funds will be used to reduce crime
in a specific subsection of the county or qualified local government entity through the
creation or expansion of programs, including but not limited to the following:
new text end
new text begin
(1) re-entry programs;
new text end
new text begin
(2) victim services programs;
new text end
new text begin
(3) homelessness assistance programs;
new text end
new text begin
(4) mobile crisis teams and embedded social worker programs;
new text end
new text begin
(5) restorative justice programs;
new text end
new text begin
(6) co-responder programs;
new text end
new text begin
(7) juvenile diversion programs;
new text end
new text begin
(8) community violence interruption programs;
new text end
new text begin
(9) blight elimination programs; or
new text end
new text begin
(10) programs that provide technical assistance to service providers who are doing work
that would promote public safety.
new text end
new text begin
(a) Preference in awarding grants should be given to applicants whose
proposals are based on evidence-based practices, provide resources to geographic areas that
have been historically underinvested, and incorporate input from community stakeholders.
new text end
new text begin
(b) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin
(c) Grant funds may not be used to fund the activities of law enforcement agencies or
offset the costs of counties or qualified local government entities.
new text end
new text begin
(d) Any funds that are not encumbered or spent six years after being awarded must be
returned to the commissioner of public safety and awarded as part of a local community
innovation grant.
new text end
new text begin
Each grant recipient shall complete a standardized evaluation
established by the Minnesota Statistical Analysis Center every two years.
new text end
new text begin
As used in this section, "qualified local government entity"
means a federally recognized Indian Tribe with a law enforcement agency that reports
statistics on crime rates, or a city or town that has a local law enforcement agency.
new text end
new text begin
(a) Application materials for grants issued under
this section must be prepared and made available to the public by September 1.
new text end
new text begin
(b) Applications must be received and reviewed, and successful applicants must be
notified of approval, within six months of an appropriation being made to fund the grants.
new text end
new text begin
(a) The Office of Justice Programs shall establish a final
review panel of office staff to make final decisions on grants awarded under this section.
new text end
new text begin
(b) Staff serving on the final review panel must represent the office's responsibility for
community outreach, research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management. At a minimum, the final review panel shall
include:
new text end
new text begin
(1) three individuals with specialized knowledge of, or an advanced degree in,
criminology, sociology, urban studies, or social work;
new text end
new text begin
(2) an individual with professional duties that include research and analysis; and
new text end
new text begin
(3) an individual with professional duties that include grant compliance or grant
management.
new text end
new text begin
(c) If the commissioner rejects or otherwise does not follow the final review panel's
decisions or recommendations regarding awarding or not awarding a grant, the commissioner
shall notify the chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the reasons for
the commissioner's decision.
new text end
new text begin
(a) The commissioner of public
safety shall publish the following lists by August 1 of each year:
new text end
new text begin
(1) the qualified local government entities that have recorded at least three violent crimes
in the previous fiscal year and have the 20 highest per capita crime rates in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System;
new text end
new text begin
(2) the counties with the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(3) the qualified local government entities that are not included in the list generated
pursuant to clause (1), have recorded at least three violent crimes in the previous fiscal year,
and have experienced the 20 fastest increases in the per capita rate of crime in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System; and
new text end
new text begin
(4) the counties that are not included in the list generated pursuant to clause (2) and have
experienced the 20 fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
new text end
new text begin
(b) A county or qualified local government entity identified in any list produced pursuant
to paragraph (a), clauses (1) to (4), may apply for a grant under this section. A listed county
or qualified local government entity may apply as part of a multijurisdictional collaboration
with counties and local government entities that are not listed provided the portion of
programs or services provided through the grant funding that are performed in the listed
county or qualified local government entity is at least equal to its proportion of the
membership of the multijurisdictional collaboration.
new text end
new text begin
(c) The commissioner of public safety shall post the lists described in paragraph (a),
clauses (1) to (4), on a publicly facing website and shall work with the League of Minnesota
Cities, Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established under
Minnesota Statutes, section 3.922, to notify entities that are eligible to apply for grants under
this section.
new text end
new text begin
(a) Half of the total amount appropriated under this section
must be awarded to counties or qualified local government entities identified in subdivision
4, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) Half the total amount appropriated under this section must be awarded to counties
or qualified local government entities identified in subdivision 4, paragraph (a), clause (3)
or (4).
new text end
new text begin
(a) Applicants must submit an application in the form
and manner established by the commissioner.
new text end
new text begin
(b) Applicants must describe the ways in which grant funds will be used to reduce crime
by increasing the capacity, efficiency, and effectiveness of law enforcement community
policing efforts through approaches, including but not limited to the following:
new text end
new text begin
(1) increasing the recruitment of officers by utilizing advertisements, or bonuses or
scholarships for peace officers who remain continuously employed as a peace officer for
at least 12 months and have not been subject to disciplinary action in the previous 12 months;
new text end
new text begin
(2) increasing patrols outside of squad cars on foot or in transportation options that
provide more interaction between police and community members;
new text end
new text begin
(3) increasing, establishing, maintaining, or expanding 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
(4) establishing, maintaining, or expanding co-responder teams;
new text end
new text begin
(5) purchasing equipment to perform patrols outside of squad cars on foot or in
transportation options that provide more interaction between police and community members;
or
new text end
new text begin
(6) hiring additional non-law-enforcement personnel to conduct functions typically
performed by law enforcement with the intent of freeing up additional law enforcement to
perform patrols or respond to service calls.
new text end
new text begin
(a) Preference in awarding grants should be given to applicants whose
proposals:
new text end
new text begin
(1) involve community policing strategies;
new text end
new text begin
(2) include collaboration with non-law-enforcement entities such as community-based
violence prevention programs, social worker programs, or mental health specialists;
new text end
new text begin
(3) are based on academic studies or based on evidence-based policing research or
findings; or
new text end
new text begin
(4) involve increased law enforcement accountability or transparency.
new text end
new text begin
(b) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin
(c) Grant funds may not be used to offset the costs of law enforcement agencies, counties,
or qualified local government entities.
new text end
new text begin
(d) Any funds that are not encumbered or spent six years after being awarded must be
returned to the commissioner of public safety and awarded as part of a local community
innovation grant.
new text end
new text begin
Each grant recipient shall complete a standardized evaluation
established by the Minnesota Statistical Analysis Center every two years.
new text end
new text begin
As used in this section, "qualified local government entity"
means a federally recognized Indian Tribe with a law enforcement agency that reports
statistics on crime rates, or a city or town that has a local law enforcement agency.
new text end
new text begin
(a) Application materials for grants issued under
this section must be prepared and made available to the public by September 1.
new text end
new text begin
(b) Applications must be received and reviewed, and successful applicants must be
notified of approval, within six months of an appropriation being made to fund the grants.
new text end
new text begin
(a) The Office of Justice Programs shall establish a final
review panel of office staff to make final decisions on grants awarded under this section.
new text end
new text begin
(b) Staff serving on the final review panel must represent the office's responsibility for
community outreach, research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management. At a minimum, the final review panel shall
include:
new text end
new text begin
(1) three individuals with specialized knowledge of, or an advanced degree in,
criminology, sociology, urban studies, or social work;
new text end
new text begin
(2) an individual with professional duties that include research and analysis; and
new text end
new text begin
(3) an individual with professional duties that include grant compliance or grant
management.
new text end
new text begin
(c) If the commissioner rejects or otherwise does not follow the final review panel's
decisions or recommendations regarding awarding or not awarding a grant, the commissioner
shall notify the chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the reasons for
the commissioner's decision.
new text end
new text begin
(a) The commissioner of public
safety shall publish the following lists by August 1 of each year:
new text end
new text begin
(1) the qualified local government entities that have recorded at least three violent crimes
in the previous fiscal year and have the 20 highest per capita crime rates in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System;
new text end
new text begin
(2) the counties with the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(3) the qualified local government entities that are not included in the list generated
pursuant to clause (1), have recorded at least three violent crimes in the previous fiscal year,
and have experienced the 20 fastest increases in the per capita rate of crime in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System; and
new text end
new text begin
(4) the counties that are not included in the list generated pursuant to clause (2) and have
experienced the 20 fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
new text end
new text begin
(b) A county or qualified local government entity identified in any list produced pursuant
to paragraph (a), clauses (1) to (4), may apply for a grant under this section. A listed county
or qualified local government entity may apply as part of a multijurisdictional collaboration
with counties and local government entities that are not listed provided the portion of
programs or services provided through the grant funding that are performed in the listed
county or qualified local government entity is at least equal to its proportion of the
membership of the multijurisdictional collaboration.
new text end
new text begin
(c) The commissioner of public safety shall post the lists described in paragraph (a),
clauses (1) to (4), on a publicly facing website and shall work with the League of Minnesota
Cities, Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established under
Minnesota Statutes, section 3.922, to notify entities that are eligible to apply for grants under
this section.
new text end
new text begin
(a) Half of the total amount appropriated under this section
must be awarded to counties or qualified local government entities identified in subdivision
4, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) Half the total amount appropriated under this section must be awarded to counties
or qualified local government entities identified in subdivision 4, paragraph (a), clause (3)
or (4).
new text end
new text begin
(a) Applicants must submit an application in the form
and manner established by the commissioner of public safety.
new text end
new text begin
(b) Applicants must describe the ways in which grant funds will be used to reduce crime
by increasing the capacity, efficiency, and effectiveness of law enforcement investigations
through approaches, including but not limited to the following:
new text end
new text begin
(1) increasing recruitment of additional detectives, investigators, or other individuals
with a comparable rank or designation to investigate homicides, nonfatal shootings, or motor
vehicle theft, including hiring, on a temporary or permanent basis, retired officers by utilizing
advertisements, or bonuses or scholarships for peace officers who remain continuously
employed as a peace officer for at least 12 months and have not been subject to disciplinary
action in the previous 12 months;
new text end
new text begin
(2) increasing recruitment of additional peace officers to replace officers transferred or
promoted to detective, investigator, or a comparable rank and assigned to investigate
homicides, nonfatal shootings, or motor vehicle theft;
new text end
new text begin
(3) ensuring 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
(4) acquiring, upgrading, or replacing investigative or evidence-processing technology
or equipment;
new text end
new text begin
(5) hiring additional evidence-processing personnel;
new text end
new text begin
(6) ensuring that personnel responsible for evidence processing have sufficient resources
and training;
new text end
new text begin
(7) hiring and training 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, nonfatal shootings,
and carjackings;
new text end
new text begin
(8) ensuring that victim services and personnel are sufficiently funded, staffed, and
trained;
new text end
new text begin
(9) ensuring that 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) assistance for funeral and burial expenses;
new text end
new text begin
(iii) assistance for 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) developing competitive and evidence-based programs to improve homicide and
nonfatal shooting clearance rates; or
new text end
new text begin
(11) developing 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
(a) Grant recipients may use funds to partner with or support other
programs.
new text end
new text begin
(b) Grant funds may not be used to fund undercover peace officer work or offset the
costs of law enforcement agencies, counties, or qualified local government entities.
new text end
new text begin
(c) Any funds that are not encumbered or spent six years after being awarded must be
returned to the commissioner of public safety and awarded as part of a local community
innovation grant.
new text end
new text begin
Each grant recipient shall complete a standardized evaluation
established by the Minnesota Statistical Analysis Center every two years.
new text end
new text begin
Minnesota Statutes 2020, sections 299A.49, subdivision 7; 403.02, subdivision 17c;
609.281, subdivision 2; 609.293, subdivisions 1 and 5; 609.34; and 609.36,
new text end
new text begin
are repealed.
new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 214.10, subdivision 10, is amended to read:
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 deleted text begin shalldeleted text end new text begin maynew text end 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.
Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:
(a) new text begin Except as provided in paragraph (b), new text end an action for
damages based on sexual abuse: (1) must be commenced within six years of the alleged
sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may
be commenced at any time in the case of alleged sexual abuse of an individual under the
age of 18, except as provided for in subdivision 4; and (3) must be commenced before the
plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused
a minor when that natural person was under 14 years of age.
new text begin
(b) An action for damages based on sexual abuse may be commenced at any time in the
case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
1, paragraph (c).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The plaintiff need not establish which act in a continuous series of sexual abuse
acts by the defendant caused the injury.
deleted text begin (c)deleted text end new text begin (d)new text end This section does not affect the suspension of the statute of limitations during a
period of disability under section 541.15.
new text begin
(a) This section is effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions that were not time-barred
before the effective date.
new text end
new text begin
(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of
an individual by a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision
1, paragraph (c), if the action would otherwise be time-barred under a previous version of
Minnesota Statutes, section 541.073, or other time limit, an action for damages against a
peace officer may be commenced no later than five years following the effective date of
this section.
new text end
Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:
new text begin (a) new text end When death is caused by the wrongful act or omission
of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. new text begin An action to recover damages for a death caused by a peace officer,
as defined in section 626.84, subdivision 1, paragraph (c), must be commenced within six
years after the Bureau of Criminal Apprehension or affected agency receives notice of
declination of charges or at the completion of criminal proceedings. new text end Any other action under
this section may be commenced within three years after the date of death provided that the
action must be commenced within six years after the act or omission. The recovery in the
action is the amount the jury deems fair and just in reference to the pecuniary loss resulting
from the death, and shall be for the exclusive benefit of the surviving spouse and next of
kin, proportionate to the pecuniary loss severally suffered by the death. The court then
determines the proportionate pecuniary loss of the persons entitled to the recovery and
orders distribution accordingly. Funeral expenses and any demand for the support of the
decedent allowed by the court having jurisdiction of the action, are first deducted and paid.
Punitive damages may be awarded as provided in section 549.20.
new text begin (b) new text end If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.
new text begin
(a) This section is effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions that were not time-barred
before the effective date.
new text end
new text begin
(b) Notwithstanding any other provision of law, in the case of a death caused by a peace
officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if
the action would otherwise be time-barred under a previous version of Minnesota Statutes,
section 573.02, or other time limit, an action for damages against a peace officer may be
commenced no later than five years following the effective date of this section.
new text end
Minnesota Statutes 2020, section 626.76, is amended by adding a subdivision to
read:
new text begin
(a) Except as provided for in paragraph (c),
when a major public safety event requires a joint operation involving three or more law
enforcement agencies, including at least one state law enforcement agency, at least one
representative from each state law enforcement agency's internal affairs unit must be
temporarily reassigned as a compliance review officer. Compliance review officers assigned
to a major public safety event must be present on the scene and perform the following
functions:
new text end
new text begin
(1) inspect and inform senior officers of any policy, regulatory, or state law violations
by state law enforcement;
new text end
new text begin
(2) proactively speak with media and the public to gather information on law
enforcement's response to determine compliance with policy, regulation, and state law when
it does not obstruct police operation or place officers in jeopardy; and
new text end
new text begin
(3) note and report any policy, regulation, or state law violations by state law enforcement
to the proper authority.
new text end
new text begin
(b) A compliance review officer assigned to perform the duties under paragraph (a) shall
not participate in subsequent investigations related to that major public safety event except
for as a witness.
new text end
new text begin
(c) The requirement to have compliance review officers on scene under paragraph (a)
does not apply if the presence of compliance review officers would obstruct law enforcement
operations or place compliance review officers or peace officers in danger.
new text end
new text begin
(d) For purposes of this section, "major public safety event" means:
new text end
new text begin
(1) an event where more than 50 peace officers are needed to respond;
new text end
new text begin
(2) an event that is expected to, or has, a crowd in excess of 200 persons; or
new text end
new text begin
(3) an event that is expected to, or has, a crowd in excess of 50 persons and a local or
statewide state of emergency is declared.
new text end
Minnesota Statutes 2020, section 626.843, is amended by adding a subdivision to
read:
new text begin
(a) Beginning on December 1,
2022, physical strength and agility screening examinations required by law enforcement
agencies for applicants must be scientifically content-validated and job-related. This
requirement does not apply to tests of an applicant's cardiovascular health or general physical
fitness to serve as a peace officer.
new text end
new text begin
(b) The board must enact rules establishing standards for physical strength and agility
examinations required by law enforcement agencies that comply with the requirements set
forth in this subdivision.
new text end
Minnesota Statutes 2020, section 626.843, is amended by adding a subdivision to
read:
new text begin
No later than January 1, 2024, the
board must adopt rules under chapter 14 that permit the board to take disciplinary action
on a licensee for a violation of a standard of conduct in Minnesota Rules, chapter 6700,
whether or not criminal charges have been filed and in accordance with the evidentiary
standards and civil processes for boards under chapter 214.
new text end
Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:
(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 begin and require compliance with new text end the
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 indefinitelynew text end ;
(2) new text begin mandate 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, notwithstanding any law to the contrary, 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 five business days following an incident where deadly force used by a peace
officer results in the death of an individual, except that a chief law enforcement officer may
deny a request if the investigating agency requests and 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 a thorough investigation. If the chief law enforcement officer denies a request
under this paragraph, the involved officer's agency must 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 relief may be sought from the
district court;
new text end
new text begin
(5) mandate that, notwithstanding any law to the contrary, an involved officer's agency
shall release all body-worn camera recordings of an incident where a peace officer used
deadly force and an individual dies to the public no later than 14 business days after the
incident, except that a chief law enforcement officer shall not release the video if the
investigating agency asserts in writing that allowing the public to view the recordings would
interfere with the ongoing investigation;
new text end
new text begin (6) new text end procedures for testing the portable recording system to ensure adequate functioning;
deleted text begin (3)deleted text end new 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 end new 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 end new 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 end new 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 end new 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 end new 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 or licensee's failure to comply with this section.
new text end
Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
new text begin
(a) As used in this subdivision, the following terms have the
meanings given:
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 end a civilian deleted text begin review board, commission, or
otherdeleted text end oversight deleted text begin body shall not havedeleted text end new 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 begin A 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 under
section 13.43, subdivision 1, and are governed by that section.
new text end
Minnesota Statutes 2020, section 626.93, is amended by adding a subdivision to
read:
new text begin
Notwithstanding any contrary
provision in subdivision 3 or 4, the Leech Lake Band of Ojibwe has concurrent jurisdictional
authority under this section with the local county sheriff within the geographical boundaries
of the band's reservation to enforce state criminal law if the requirements of subdivision 2
are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered
into.
new text end
Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3,
is amended to read:
Subd. 3.Peace Officer Training Assistance
|
Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund."new text begin These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8469
(training in crisis response, conflict
management, and cultural diversity) and
626.8474 (autism training).
new text end
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualificationsdeleted text begin , including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provideddeleted text end ; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.
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
(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
(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
(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;
new text end
new text begin
(5) provide recommendations on how to create and support an expedited pathway for
individuals to become peace officers; and
new text end
new text begin
(6) 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
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 legislative
committees and divisions with jurisdiction over public safety finance and policy and the
Minnesota Sentencing Guidelines Commission.
new text end
new text begin
The task force expires the day after submitting its report under
subdivision 5.
new text end
new text begin
Sections 2 and 3 may be known as "Justin Teigen's Law."
new text end
Minnesota Statutes 2020, section 152.01, subdivision 9a, is amended to read:
"Mixture" means a preparation, compound, mixture, or substance
containing a controlled substance, regardless of purity except as provided in deleted text begin subdivision
16;deleted text end sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2, paragraph (b);
and 152.023, subdivision 2, paragraph (b).
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:
new text begin
"Marijuana flower" means the flower, leaves, stems, seeds,
or plant form of marijuana.
new text end
new text begin
This section is effective August 1, 2022.
new text end
Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:
new text begin
"Nonflower marijuana" means the resinous form of
marijuana.
new text end
new text begin
This section is effective August 1, 2022.
new text end
Minnesota Statutes 2020, section 152.01, subdivision 12a, is amended to read:
"Park zone" means an area designated as a public park by the