SF 78

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/13/2020 02:30pm

A bill for an act
relating to public safety; requiring local units of government to establish law
enforcement citizen oversight councils; specifying powers and duties of the councils
and the responsibilities of local authorities toward them; requiring law enforcement
policies, guidelines, training, and reporting on matters relating to procedural justice
and community interactions; appropriating money; amending Minnesota Statutes
2018, section 626.89, subdivisions 2, 17; proposing coding for new law in
Minnesota Statutes, chapter 626.

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

ARTICLE 1

LAW ENFORCEMENT CITIZEN OVERSIGHT COUNCILS

Section 1.

Minnesota Statutes 2018, section 626.89, subdivision 2, is amended to read:

Subd. 2.

Applicability.

The procedures and provisions of this section apply to law
enforcement agencies and government units. The procedures and provisions of this section
do not apply to new text begin :
new text end

new text begin (1) investigations and proceedings of a citizen oversight council described in section
626.99; or
new text end

new text begin (2) new text end investigations of criminal charges against an officer.

Sec. 2.

Minnesota Statutes 2018, section 626.89, subdivision 17, is amended to read:

Subd. 17.

deleted text begin Civilian review deleted text end new text begin Citizen oversight new text end .

deleted text begin A civilian review board, commission, or
other oversight body shall not have the authority to make a finding of fact or determination
regarding a complaint against an officer or impose discipline on an officer. 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 The powers and duties of citizen oversight councils for law enforcement agencies
are established under section 626.99 new text end .

Sec. 3.

new text begin [626.99] LOCAL CITIZEN OVERSIGHT COUNCILS FOR LAW
ENFORCEMENT AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "law enforcement agency" has the
meaning given in section 626.84, subdivision 1, paragraph (f), but does not include state-level
law enforcement agencies.
new text end

new text begin Subd. 2. new text end

new text begin Councils required. new text end

new text begin The governing body of each local unit of government that
oversees a law enforcement agency shall establish a citizen oversight council in compliance
with this section.
new text end

new text begin Subd. 3. new text end

new text begin Council membership. new text end

new text begin The membership of a citizen oversight council must
reflect a broad cross section of the community it represents, including the community's
minority and youth populations. The membership must also include individuals who often
come into contact with, or who are affected by, the peace officers of the law enforcement
agency that the council oversees, other than suspects who are in criminal investigations.
The membership of the majority of a council must be weighted toward citizen members.
However, a council may also include members that reflect other specific viewpoints, such
as law enforcement, prosecutors, educators, clergy, and business and commercial leaders.
A council shall elect a chair from among its members at its first meeting.
new text end

new text begin Subd. 4. new text end

new text begin Operation of council; powers and duties. new text end

new text begin (a) A citizen oversight council shall
meet on a regular basis. Meetings are open to the public and public testimony may be taken.
new text end

new text begin (b) A council's purpose is to encourage and provide community participation in the
operation of the law enforcement agency it oversees. A council shall work collaboratively
with the governing body of the local unit of government with authority over the agency and
the agency's chief law enforcement officer.
new text end

new text begin (c) A council may make recommendations and provide assessments relating to any facet
of the operation of the agency, including but not limited to:
new text end

new text begin (1) law enforcement tactics and strategies, such as community policing;
new text end

new text begin (2) the budget for the agency, including priorities on where money should be spent;
new text end

new text begin (3) training of the agency's peace officers;
new text end

new text begin (4) employment policies, such as residency requirements and minority hiring;
new text end

new text begin (5) the substantive operation of the agency relating to such matters as use of force,
profiling, diversion, data collection, equipment, militarization, general investigatory practices,
officer-initiated use of force investigations, and cooperation with other law enforcement
agencies; and
new text end

new text begin (6) personnel decisions.
new text end

new text begin In addition, a council may evaluate the performance of the agency and the agency's chief
law enforcement officer. A council may recommend whether to extend the chief's term and
on hiring a successor to the chief when a vacancy occurs.
new text end

new text begin Subd. 5. new text end

new text begin Investigations into police misconduct. new text end

new text begin A citizen 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 recommend appropriate discipline.
new text end

new text begin Subd. 6. new text end

new text begin Duties of chief law enforcement officer. new text end

new text begin The chief law enforcement officer
of a law enforcement agency under the jurisdiction of a citizen 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 Subd. 7. new text end

new text begin Duties of governing body. new text end

new text begin A governing body shall ensure that a council is
given the opportunity to comment in a meaningful way on any matter within its jurisdiction.
This opportunity must occur with sufficient time before action on the matter is required.
new text end

new text begin Subd. 8. new text end

new text begin Other applicable law. new text end

new text begin Chapters 13 and 13D apply to oversight councils under
this section.
new text end

new text begin Subd. 9. new text end

new text begin Annual report. new text end

new text begin A citizen oversight council shall release an annual report that
addresses its activities. At a minimum, the report must summarize the council's activities
for the past year; recommendations made by the council, including what actions, if any,
were taken by other entities in response to the recommendations; and the amount of money
spent for the council's operation and the money's source.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin TIMING.
new text end

new text begin Governing bodies of local units of government shall comply with Minnesota Statutes,
section 626.99, by September 1, 2020. A citizen oversight council shall conduct its first
meeting by October 1, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin COMPLIANCE REVIEWS.
new text end

new text begin The state auditor shall conduct reviews as appropriate and on a regular basis to ensure
that local units of government are in compliance with this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

POLICIES, TRAINING, REPORTING, APPROPRIATIONS

Section 1.

new text begin [626.8272] PROCEDURAL JUSTICE; POLICIES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Model policy required. new text end

new text begin (a) By August 15, 2020, the board, in consultation
with interested parties, shall develop and distribute to all chief law enforcement officers a
procedural justice model policy to govern interactions between peace officers and community
members. At a minimum, the policy must require that peace officers:
new text end

new text begin (1) obtain consent before conducting searches of individuals in the absence of a search
warrant or probable cause;
new text end

new text begin (2) obtain written acknowledgment that consent has been sought from individuals that
the officer has requested to search under clause (1);
new text end

new text begin (3) identify themselves by their full name, rank, badge number, and command, when
applicable, to all individuals they have stopped;
new text end

new text begin (4) state the reason to the individual affected for any search requests, searches conducted,
or stops; and
new text end

new text begin (5) report to the officer's chief law enforcement officer relevant information related to
the encounter between the officer and the person affected.
new text end

new text begin (b) The model policy must specify the information required to be reported under
paragraph (a), clause (5), which, at a minimum, must include the individual officer's reason
for making the stop or conducting or requesting consent for the search and information
about the person encountered, including the person's gender, race, ethnicity, and approximate
age. In addition, the policy must specify how the information is to be summarized and
reported by chief law enforcement officers under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Local policies required. new text end

new text begin (a) By November 1, 2020, the chief law enforcement
officer of every state and local law enforcement agency shall establish and enforce a written
procedural justice policy governing the conduct of peace officers engaged in interactions
with community members. The chief law enforcement officer shall ensure that each peace
officer receives a copy of the agency's policy. The chief law enforcement officer also shall
ensure that each peace officer is aware of the policy's purpose and the conduct addressed
by the policy.
new text end

new text begin (b) The policy must, at a minimum, comply with the requirements of the model policy
adopted by the board under subdivision 1.
new text end

new text begin (c) Every state and local law enforcement agency shall certify to the board that the
agency has adopted a written policy in compliance with the board's model policy and shall
submit an electronic copy of the policy to the board. The board shall review each policy to
ensure compliance and post each policy on the board's website.
new text end

new text begin (d) The board shall assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing procedural justice policies under this
subdivision.
new text end

new text begin (e) The chief law enforcement officer shall report a summary of the information described
in subdivision 1, paragraph (a), clause (5), as directed in the board's model policy.
new text end

Sec. 2.

new text begin [626.8474] PROCEDURAL JUSTICE AND COMMUNITY INTERACTION
SKILLS; LEARNING OBJECTIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Preservice training learning objectives; requirements. new text end

new text begin (a) By August
15, 2020, the board shall prepare learning objectives as described in subdivision 3 for
preservice training to instruct peace officers in procedural justice and community-interaction
skills. The learning objectives must be included in the required curriculum of professional
peace officer education programs.
new text end

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

new text begin Subd. 2. new text end

new text begin In-service training learning objectives. new text end

new text begin By August 15, 2020, the board shall
prepare learning objectives as described in subdivision 3 for in-service training to instruct
all peace officers in procedural justice and community interaction skills. The board shall
evaluate and monitor in-service training courses to ensure they satisfy the learning objectives.
new text end

new text begin Subd. 3. new text end

new text begin Learning objectives described. new text end

new text begin (a) The preservice and in-service learning
objectives required in subdivisions 1 and 2 must address the following:
new text end

new text begin (1) community policing and problem-solving skills;
new text end

new text begin (2) interpersonal and communication skills;
new text end

new text begin (3) bias awareness, including both implicit and explicit bias;
new text end

new text begin (4) scenario-based situational decision-making skills;
new text end

new text begin (5) crisis intervention and de-escalation skills;
new text end

new text begin (6) procedural justice and impartial policing techniques;
new text end

new text begin (7) trauma and victim-services skills;
new text end

new text begin (8) mental health issues;
new text end

new text begin (9) use of analytical research and technology; and
new text end

new text begin (10) language and cultural responsiveness skills.
new text end

new text begin (b) The board shall determine the parameters and total number of hours required for the
learning objectives required in this section.
new text end

Sec. 3. new text begin GUIDELINES ON POSITIVE COMMUNITY INTERACTIONS.
new text end

new text begin (a) The commissioner of public safety, in consultation with interested parties, shall
develop guidelines to encourage law enforcement agencies to implement changes in how
peace officers may interact more positively with community members. At a minimum, the
guidelines must address changes in the deployment of peace officers to allow officers to
rotate into and out of assignments so as to ensure that individual officers are not consistently
exposed to stressful situations.
new text end

new text begin (b) The commissioner shall report to the legislature on any recommended changes to
law or funding to better achieve the goals in paragraph (a).
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for: (1) increased soft body armor reimbursements under Minnesota Statutes,
section 299A.38; (2) grants to law enforcement agencies for counseling services for peace
officers; and (3) grants to local units of government to establish and maintain citizen oversight
councils under article 1. Notwithstanding the maximum amount specified in Minnesota
Statutes, section 299A.38, the commissioner shall use the appropriation in clause (1) to
increase the state share and lower the local share for soft body armor reimbursements.
new text end

new text begin (b) $....... in fiscal year 2021 is appropriated from the general fund to the Peace Officers
Standards and Training Board for costs associated with this act.
new text end