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SF 1

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/18/2020 01:07pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; modifying membership of the Peace Officer Standards
and Training Board; providing for crisis intervention, mental illness crisis, and
autism training; modifying a past appropriation to the Peace Officer Standards and
Training Board; appropriating money; amending Minnesota Statutes 2018, sections
626.841; 626.8469; Laws 2019, First Special Session chapter 5, article 1, section
13, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter
626.

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

Section 1.

Minnesota Statutes 2018, section 626.841, is amended to read:


626.841 BOARD; MEMBERS.

The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15deleted text endnew text begin 17new text end members:

(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;

(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;

(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;

(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; and

(7) deleted text begintwodeleted text end new text beginfour new text endmembers appointed by the governor from among the general public.

A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.

Sec. 2.

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 within an officer's
three-year licensing cycle. Each peace officer with a license renewal date after June 30,
2018, is not required to complete this training until the officer's next full three-year licensing
cycle.

new text begin Subd. 1a. new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 2.

Record keeping required.

The head of every local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
deleted text begin subdivision 1.deleted text endnew text begin subdivisions 1 and 1a. new text endThe documentation deleted text beginis subject to periodic review by
the board, and
deleted text end shall be deleted text beginmade availabledeleted text endnew text begin submittednew text end to the board deleted text beginat its requestdeleted text end.new text begin The board shall
include in the compliance reviews required in section 626.8459 an evaluation of the
effectiveness of in-service crisis intervention and mental illness crisis training in reducing
officer use of force and diverting people experiencing a mental illness crisis from arrest.
new text end

Subd. 3.

Licensing sanctions; injunctive relief.

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

Sec. 3.

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 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 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 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. 4.

Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4, is
amended to read:


Subd. 4.

Peace Officer Training Assistance

$6,000,000 deleted text begineach yeardeleted text end new text beginin fiscal year 2020 and
$5,400,000 in fiscal year 2021
new text end is to support
and strengthen law enforcement training and
implement best practices. The base for this
deleted text begin activity is $0 in fiscal year 2022 and thereafter.deleted text end
new text begin activity is $5,600,000 in fiscal year 2022 and
thereafter.
new text end

Sec. 5. new text beginAPPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND
MENTAL ILLNESS CRISIS TRAINING.
new text end

new text begin $200,000 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. 6. new text beginAPPROPRIATION; POLICE AND MENTAL HEALTH CRISIS TEAM
COLLABORATION.
new text end

new text begin $200,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer
Standards and Training (POST) Board to administer two pilot projects, one in the
seven-county metropolitan area and one outside the seven-county metropolitan area, to
create collaborations between county mobile crisis mental health services described in
Minnesota Statutes, section 245.469, and municipal law enforcement agencies. This is a
onetime appropriation. 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. 7. new text beginAPPROPRIATION.
new text end

new text begin $200,000 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 3.
new text end