HF 78

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:32pm

A bill for an act
relating to public safety; providing for officer-involved death review board;
reporting law enforcement use of force; establishing an Office of Community-Led
Public Safety Coordination; establishing grants to promote co-responder teams;
establishing grants to promote community healing; establishing standards for crisis
intervention and mental illness crisis training for peace officers; requiring the
development and implementation of autism training for peace officers; requiring
reports; appropriating money; amending Minnesota Statutes 2018, section 626.8469;
proposing coding for new law in Minnesota Statutes, chapters 299A; 626.

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

Section 1.

new text begin [299A.018] OFFICER-INVOLVED DEATH REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The following terms have the meanings provided.
new text end

new text begin (b) "Board" means the Officer-Involved Death Review Board.
new text end

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

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

new text begin (e) "Officer-involved death" means the death of a person that results from a peace officer's
use of force while the officer is on duty or off duty but performing activities that are within
the scope of the officer's law enforcement duties.
new text end

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

new text begin Subd. 2. new text end

new text begin Establishment; membership; office support. new text end

new text begin (a) The Officer-Involved Death
Review Board is established in the Department of Public Safety. The board consists of the
following members:
new text end

new text begin (1) the superintendent of the Bureau of Criminal Apprehension;
new text end

new text begin (2) a member of the Peace Officer Standards and Training Board selected by the executive
director of the Peace Officer Standards and Training Board;
new text end

new text begin (3) a representative of the Office of Violence Prevention in the Department of Health;
new text end

new text begin (4) the commissioner of the Department of Human Rights, or a designee;
new text end

new text begin (5) the commissioner of corrections, or a designee; and
new text end

new text begin (6) six persons selected by the commissioner that must include:
new text end

new text begin (i) a medical examiner or coroner;
new text end

new text begin (ii) a use of force expert;
new text end

new text begin (iii) a civil rights expert;
new text end

new text begin (iv) a prosecutor with expertise in officer-involved death reviews;
new text end

new text begin (v) a member of the public from the seven-county metropolitan area; and
new text end

new text begin (vi) a member of the public from outside of the seven-county metropolitan area.
new text end

new text begin (b) Members will be appointed to two-year terms. Membership is renewable one time.
new text end

new text begin (c) The commissioner must convene the board no later than November 1, 2020, and
provide meeting space and administrative assistance necessary for the board to conduct its
work, including documentation of meetings and review findings.
new text end

new text begin Subd. 3. new text end

new text begin Review teams. new text end

new text begin (a) The board shall appoint a review team from among the board
members to collect, review, and analyze data related to each officer-involved death that
occurs in the state. The board may also invite other relevant persons to participate as full
members of a review team as needed. Review team membership should represent the cultural
and racial diversity of the community where the death occurred, to the extent possible. A
member may not participate in a review if the member is a current or former employee of
the agency that is the subject of the team's review.
new text end

new text begin (b) In determining the cause of death, the review team shall consider death certificates
and other data relevant to determining cause of death, including investigative reports and
medical records. The review team may also analyze additional available information
concerning the decedent.
new text end

new text begin (c) As part of the review team's investigation of a peace officer involved in an
officer-involved death, the team shall review:
new text end

new text begin (1) the peace officer's complete employment and training records;
new text end

new text begin (2) the policies and standard operating procedures of the agency that employs the peace
officer;
new text end

new text begin (3) applicable collective bargaining agreements; and
new text end

new text begin (4) other pertinent information concerning the peace officer and the agency that employs
the peace officer.
new text end

new text begin Subd. 4. new text end

new text begin Access to data. new text end

new text begin (a) The review team has access to the following not public
data, as defined in section 13.02, subdivision 8a, relating to an officer-involved death:
new text end

new text begin (1) inactive law enforcement investigative data under section 13.82;
new text end

new text begin (2) autopsy records and coroner or medical examiner investigative data under section
13.83;
new text end

new text begin (3) hospital, public health, or other medical records of the decedent under section 13.384;
and
new text end

new text begin (4) records under section 13.46, created by social services agencies that provided services
to the decedent.
new text end

new text begin (b) Access to medical records under this paragraph also includes records governed by
sections 144.291 to 144.298.
new text end

new text begin (c) The board has access to corrections and detention data as provided in section 13.85.
new text end

new text begin Subd. 5. new text end

new text begin Agency notice; cooperation. new text end

new text begin (a) The chief law enforcement officer of a law
enforcement agency that has an officer-involved death must notify the commissioner within
30 days of the death. The commissioner shall forward a copy of the filing to the board. The
notification shall contain information concerning the reason for and circumstances
surrounding the death.
new text end

new text begin (b) The law enforcement agency that employs a peace officer who was involved in an
officer-involved death must cooperate fully with the board and a review team appointed by
the board. The chief law enforcement officer of the agency that employs an officer under
investigation by a review team must provide written answers to questions posed by the
review team or the board.
new text end

new text begin Subd. 6. new text end

new text begin Compel production of records; subpoena. new text end

new text begin As part of any review, the board
may compel the production of other records by applying to the district court for a subpoena,
which will be effective throughout the state according to the Rules of Civil Procedure.
new text end

new text begin Subd. 7. new text end

new text begin Officer-involved death reviews and recommendations. new text end

new text begin (a) The board must
conduct an initial review of each officer-involved death within 90 days of the final
adjudication of the event to determine any immediate action, appropriate local representation,
and timeline. The board must submit a publicly available summary of the incident and the
board's response plan.
new text end

new text begin (b) The board must identify and analyze the root causes of the incident.
new text end

new text begin (c) The full review must be completed within six months of the final adjudication of the
event and the report must be filed with the commissioner and agency that employed the
peace officer involved in the event within 60 days of completion of the review.
new text end

new text begin (d) The board shall make recommendations to the commissioner for changes in statewide
training of peace officers. Following the analysis, the board must prepare a report that
recommends policy and system changes to reduce and prevent future incidents across
jurisdictions, agencies, and systems.
new text end

new text begin (e) The commissioner must post the report on the Department of Public Safety's public
website. The posted report must comply with chapter 13 and any data that is not public data
must be redacted.
new text end

new text begin Subd. 8. new text end

new text begin Confidentiality; data privacy. new text end

new text begin (a) A person attending a board meeting may
not disclose what transpired at the meeting, except to carry out the purposes of the review
or as otherwise provided in this subdivision.
new text end

new text begin (b) The board may disclose the names of the decedents in the cases it reviews.
new text end

new text begin (c) Proceedings and records of the board are confidential data as defined in section 13.02,
subdivision 3, or protected nonpublic data as defined in section 13.02, subdivision 13,
regardless of their classification in the hands of the person who provided the data, and are
not subject to discovery or introduction into evidence in a civil or criminal action against a
professional, the state, or a county agency, arising out of the matters the team is reviewing.
Information, documents, and records otherwise available from other sources are not immune
from discovery or use in a civil or criminal action solely because they were presented during
proceedings of the board.
new text end

new text begin (d) This subdivision does not limit a person who presented information before the board
or who is a member of the panel from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding, a person may not be questioned about the person's
good faith presentation of information to the board or opinions formed by the person as a
result of the board meetings.
new text end

new text begin Subd. 9. new text end

new text begin External advice. new text end

new text begin The board shall identify an external impartial entity to facilitate
reviews and establish the review process.
new text end

new text begin Subd. 10. new text end

new text begin Reports to the legislature. new text end

new text begin By June 15 of each year, the board must report
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over public safety on:
new text end

new text begin (1) the number of reviews performed under this section in the last year;
new text end

new text begin (2) aggregate data on reviews performed;
new text end

new text begin (3) the number of reviews that included a recommendation that the law enforcement
agency under review implement a corrective action plan;
new text end

new text begin (4) a description of any recommendations made to the commissioner for statewide
training of peace officers; and
new text end

new text begin (5) recommendations for legislative action.
new text end

Sec. 2.

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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The office shall:
new text end

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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

new text begin Subdivision 1. new text end

new text begin Report required. new text end

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

new text begin Subd. 2. new text end

new text begin Use of information collected. new text end

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

Sec. 4.

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

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

Subdivision 1.

In-service training required.

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

new text begin Subd. 1a. new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 2.

Record keeping required.

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

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

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

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

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

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

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

Subd. 3.

Licensing sanctions; injunctive relief.

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

Sec. 5.

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

new text begin Subdivision 1. new text end

new text begin Learning objectives required. new text end

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Preservice training required. new text end

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

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

new text begin Subd. 3. new text end

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

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

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

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

new text begin Subd. 5. new text end

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

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

Sec. 6. new text begin APPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND
MENTAL ILLNESS CRISIS TRAINING.
new text end

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

Sec. 7. new text begin APPROPRIATION; POLICE AND MENTAL HEALTH CRISIS TEAM
COLLABORATION.
new text end

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

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the Peace Officer Standards and Training
(POST) Board for the fiscal year ending June 30, 2021, to implement section 5.
new text end

Sec. 9. new text begin COMMUNITY-LED PUBLIC SAFETY GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

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

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

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

new text begin Subd. 4. new text end

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

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

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

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

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

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

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

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

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

new text begin Subd. 5. new text end

new text begin Report. new text end

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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