SF 218

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; creating a criminal gang 
  1.3             council and strike force to develop and implement a 
  1.4             strategy to investigate and prosecute crimes committed 
  1.5             by criminal gangs throughout the state; authorizing 
  1.6             the council to make various grants; appropriating 
  1.7             money; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 299A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 
  1.11  FORCE.] 
  1.12     Subdivision 1.  [MEMBERSHIP.] The criminal gang oversight 
  1.13  council consists of the following individuals or their designees:
  1.14  the commissioner of public safety; the superintendent of the 
  1.15  bureau of criminal apprehension; the attorney general; the 
  1.16  Hennepin, Ramsey, St. Louis, and Olmsted county attorneys; the 
  1.17  chiefs of police of Minneapolis, St. Paul, and Duluth; the 
  1.18  executive director of the Minnesota chiefs of police 
  1.19  association; the executive director of the Minnesota sheriffs 
  1.20  association; and the Hennepin, Ramsey, St. Louis, and Olmsted 
  1.21  county sheriffs.  The attorney general and the commissioner of 
  1.22  public safety shall serve as the cochairs of the council. 
  1.23     Subd. 2.  [WORKING GROUPS.] (a) The council comprises a law 
  1.24  enforcement working group and a prosecutorial working group.  
  1.25  The law enforcement working group consists of the commissioner 
  1.26  of public safety; the superintendent of the bureau of criminal 
  1.27  apprehension; the chiefs of police of Minneapolis, St. Paul, and 
  2.1   Duluth; the executive director of the Minnesota chiefs of police 
  2.2   association; the executive director of the Minnesota sheriffs 
  2.3   association; and the Hennepin, Ramsey, St. Louis, and Olmsted 
  2.4   county sheriffs.  The commissioner of public safety shall serve 
  2.5   as its chair. 
  2.6      (b) The prosecution working group consists of the attorney 
  2.7   general and the Hennepin, Ramsey, St. Louis, and Olmsted county 
  2.8   attorneys.  The council may invite the following to serve as 
  2.9   nonvoting members of the prosecution working group:  the United 
  2.10  States attorney for the district of Minnesota, a sheriff serving 
  2.11  on the law enforcement working group, and a police chief serving 
  2.12  on the law enforcement working group.  The attorney general 
  2.13  shall serve as its chair. 
  2.14     Subd. 3.  [WORKING GROUP DUTIES.] The law enforcement 
  2.15  working group, in consultation with the prosecution working 
  2.16  group, shall develop procedures and criteria for the 
  2.17  investigation of criminal gangs and crimes committed by those 
  2.18  gangs throughout the state of Minnesota.  The prosecution 
  2.19  working group, in consultation with the law enforcement working 
  2.20  group, shall develop procedures and criteria for the prosecution 
  2.21  of gang cases investigated by the law enforcement officers 
  2.22  assigned to the criminal gang strike force described in section 
  2.23  299A.626, subdivision 2.  The procedures and criteria developed 
  2.24  by each working group must be submitted to the council for 
  2.25  review and are effective upon approval by the council. 
  2.26     Sec. 2.  [299A.626] [DUTIES OF COUNCIL.] 
  2.27     Subdivision 1.  [COORDINATION AND STRATEGY.] The council 
  2.28  shall coordinate the efforts of the two working groups, and 
  2.29  shall develop an overall strategy to eliminate the harm caused 
  2.30  to the public by criminal gangs and their illegal activities 
  2.31  within the state of Minnesota.  In developing the strategy, the 
  2.32  council shall consult with representatives from the community 
  2.33  services division of the Minnesota department of corrections and 
  2.34  federal probation officers employed by the United States 
  2.35  district court of Minnesota.  As far as practicable, the 
  2.36  strategy must address all criminal gangs operating in the state 
  3.1   regardless of location or the motivation or ethnicity of the 
  3.2   gangs' members.  The strategy must address criminal gangs in 
  3.3   both the metropolitan area and greater Minnesota.  The council 
  3.4   shall consult with and take into account the needs of law 
  3.5   enforcement agencies and prosecutorial offices in greater 
  3.6   Minnesota in developing the strategy.  The strategy must target 
  3.7   individuals or groups based on their criminal behavior, not 
  3.8   their physical appearance.  The strategy must take into account 
  3.9   the rights of groups and individuals that the strike force may 
  3.10  target and protect against abuses of these rights. 
  3.11     Subd. 2.  [CRIMINAL GANG STRIKE FORCE.] The council, in 
  3.12  consultation with the law enforcement working group and the 
  3.13  prosecution working group, shall oversee the organization and 
  3.14  deployment of a statewide criminal gang strike force.  The 
  3.15  strike force must consist of law enforcement officers, bureau of 
  3.16  criminal apprehension agents, a prosecutorial unit, and a 
  3.17  communications and intelligence network.  The law enforcement 
  3.18  working group shall nominate law enforcement officers eligible 
  3.19  to join the strike force, and the prosecution working group 
  3.20  shall nominate prosecutors eligible to join the strike force.  
  3.21  The law enforcement working group shall ensure that all law 
  3.22  enforcement officers nominated to join the strike force are 
  3.23  licensed peace officers or federal law enforcement agents found 
  3.24  by the Minnesota board of peace officer standards and training 
  3.25  to have equivalent qualifications.  In nominating prosecutors 
  3.26  eligible to join the strike force, the prosecution working group 
  3.27  shall consult with county attorneys and other interested 
  3.28  parties.  In nominating law enforcement officers eligible to 
  3.29  join the strike force, the law enforcement working group shall 
  3.30  consult with chiefs of local law enforcement agencies, sheriffs, 
  3.31  and other interested parties.  The working groups shall request 
  3.32  these individuals to recommend willing and experienced persons 
  3.33  under their jurisdiction who would help the strike force and to 
  3.34  permit those persons to join it.  The council shall invite 
  3.35  individuals from among those nominated to join the strike force 
  3.36  and shall determine the number of members who will make up the 
  4.1   strike force and the composition of the force.  To the greatest 
  4.2   extent possible, entities contributing members to the strike 
  4.3   force are encouraged to also contribute equipment and other 
  4.4   support.  The council shall attempt to ensure that these 
  4.5   entities do so. 
  4.6      Subd. 3.  [STRIKE FORCE DUTIES.] The strike force shall 
  4.7   implement the strategy developed by the council and is 
  4.8   responsible for tactical decisions regarding implementation of 
  4.9   the strategy.  In addition and upon request, the strike force 
  4.10  shall assist and train local governmental units, law enforcement 
  4.11  agencies, and prosecutors' offices in methods to identify 
  4.12  criminal gangs and gang members and in ways to successfully 
  4.13  prosecute crimes committed by these individuals.  To the 
  4.14  greatest extent possible, the strike force shall operate as a 
  4.15  cohesive unit exclusively for the purposes listed in this 
  4.16  section.  If regional units are established under subdivision 6, 
  4.17  the council shall ensure that the existence and operation of 
  4.18  these units do not impair the overall goal of a uniform 
  4.19  statewide strategy to combat crimes committed by gangs. 
  4.20     Subd. 4.  [SERVICE; TRANSFERS.] To the greatest extent 
  4.21  possible, members of the strike force shall serve on the force 
  4.22  for the entirety of its existence.  Members continue to be 
  4.23  employed by the same entity by which they were employed before 
  4.24  joining the strike force.  While serving on the task force, 
  4.25  however, members are under the exclusive command of the strike 
  4.26  force.  A member who desires to be transferred back to the 
  4.27  position the member held before joining the strike force may 
  4.28  request a transfer from the council.  The person in charge of 
  4.29  the organization from which the member came also may request 
  4.30  that a member be transferred back.  The council shall approve 
  4.31  and arrange for a requested transfer as soon as practicable.  If 
  4.32  a member is transferred from the strike force, the person in 
  4.33  charge of the organization from which the member came shall 
  4.34  arrange for an experienced individual, acceptable to the 
  4.35  council, to replace the transferred person on the strike force.  
  4.36  If this arrangement cannot be made, any grant received under 
  5.1   section 299A.628 must be repaid on a prorated basis. 
  5.2      Subd. 5.  [COMMANDERS.] The law enforcement working group 
  5.3   shall designate a law enforcement officer who is a member of the 
  5.4   strike force to be the commander of law enforcement officers 
  5.5   assigned to the strike force and may appoint a law enforcement 
  5.6   officer assigned to a regional unit established under 
  5.7   subdivision 6 to be the commander of the law enforcement 
  5.8   officers assigned to the regional unit.  The prosecution working 
  5.9   group shall designate a prosecutor who is a member of the strike 
  5.10  force to be the supervisor of the prosecutors assigned to the 
  5.11  strike force and may appoint a prosecutor assigned to a regional 
  5.12  unit established under subdivision 6 to be the supervisor of the 
  5.13  prosecutors assigned to the regional unit.  Prosecutors on the 
  5.14  strike force serve at the pleasure of the prosecutorial working 
  5.15  group.  Law enforcement officers assigned to the strike force 
  5.16  serve at the pleasure of the law enforcement working group. 
  5.17     Subd. 6.  [REGIONAL UNITS.] If the council at any time 
  5.18  determines that it would be more effective and efficient to have 
  5.19  distinct units within the strike force concentrating on specific 
  5.20  areas, it may establish regional units within the strike force 
  5.21  and select their members.  If the council chooses to do so, the 
  5.22  other provisions of this section still apply to the individual 
  5.23  units, and the council still has the duty and authority to 
  5.24  develop necessary procedures and criteria for and to oversee the 
  5.25  operation of each individual unit.  The council may continue to 
  5.26  alter the structure of the strike force and any units composing 
  5.27  it in any way designed to further its effectiveness and to carry 
  5.28  out the intent of this section. 
  5.29     Subd. 7.  [ROLE OF ATTORNEYS.] (a) The prosecutorial unit, 
  5.30  in consultation with the prosecution working group, shall 
  5.31  develop a policy setting out the role of attorneys in the strike 
  5.32  force and specifying how criminal cases developed by the strike 
  5.33  force must be prosecuted.  To the greatest extent possible, the 
  5.34  policy must utilize the expertise of county and city attorneys 
  5.35  throughout the state, the attorney general's office, and the 
  5.36  United States attorney's office and must maximize cooperation 
  6.1   with these prosecutors.  It must also address the role of the 
  6.2   prosecutorial unit in other matters, including, at a minimum, 
  6.3   training local prosecutors in prosecuting cases involving 
  6.4   criminal gangs, interviewing witnesses and victims, and 
  6.5   cooperating with other strike force members in developing and 
  6.6   building strong cases.  The policy must specifically address the 
  6.7   role of attorneys, before trial, in establishing and maintaining 
  6.8   a relationship with witnesses and victims in an attempt to meet 
  6.9   their needs and to ensure that they testify at trial.  The 
  6.10  policy must be approved by the council before it becomes 
  6.11  effective. 
  6.12     (b) In cases investigated by law enforcement officers 
  6.13  assigned to the strike force, in which a member or members of 
  6.14  the prosecutorial unit are going to have prosecutorial 
  6.15  jurisdiction, decisions concerning the criminal prosecution, 
  6.16  including whether to commence a prosecution, must be made 
  6.17  exclusively by the prosecutorial unit, in consultation with the 
  6.18  prosecution working group. 
  6.19     (c) The assistant attorney general assigned to the strike 
  6.20  force, in addition to helping develop the policy described in 
  6.21  paragraph (a) and in carrying out the individual tasks specified 
  6.22  in the policy after it is approved by the council, shall 
  6.23  generally advise the council on any matters that the council 
  6.24  deems appropriate.  The council may seek advice from other 
  6.25  attorneys and, if the council decides it would be appropriate, 
  6.26  may retain outside counsel. 
  6.27     Subd. 8.  [REQUIRED REPORT.] By February 1 of each year, 
  6.28  the council shall report to the chairs of the senate and house 
  6.29  of representatives committees or divisions having jurisdiction 
  6.30  over criminal justice policy and funding on the activities of 
  6.31  the council and strike force. 
  6.32     Sec. 3.  [299A.627] [JURISDICTION AND LIABILITY.] 
  6.33     Subdivision 1.  [STATEWIDE JURISDICTION.] Law enforcement 
  6.34  officers who are members of the strike force have statewide 
  6.35  jurisdiction to conduct criminal investigations and possess the 
  6.36  same powers of arrest as those possessed by a sheriff.  
  7.1   Prosecutors who are members of the strike force have all the 
  7.2   powers of county attorneys and city attorneys to prosecute gang 
  7.3   crimes investigated by the law enforcement officers assigned to 
  7.4   the strike force throughout the state. 
  7.5      Subd. 2.  [LIABILITY AND WORKERS' COMPENSATION.] While 
  7.6   operating under the scope of this section, members of the strike 
  7.7   force are "employees of the state" as defined in section 3.736 
  7.8   and are considered employees of the department of public safety 
  7.9   for purposes of chapter 176. 
  7.10     Sec. 4.  [299A.628] [GRANT PROGRAMS.] 
  7.11     Subdivision 1.  [REIMBURSEMENT GRANTS AUTHORIZED.] The 
  7.12  commissioner of public safety, upon recommendation of the 
  7.13  council, may award grants to local law enforcement agencies, 
  7.14  county attorney's and sheriff's offices, and other organizations 
  7.15  that have contributed members to the strike force to hire new 
  7.16  persons to replace those who have joined the force.  A grant may 
  7.17  cover a two-year period and reimburse the recipient for a 
  7.18  maximum of 100 percent of the salary of the person contributed 
  7.19  to the strike force.  A recipient of a grant under this 
  7.20  subdivision must use the money to hire a new person to replace 
  7.21  the person who has joined the strike force, thus keeping its 
  7.22  complement of employees at the same level.  The money may not be 
  7.23  used to pay for equipment or uniforms. 
  7.24     Subd. 2.  [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 
  7.25  CRIMINAL GANGS.] (a) The commissioner of public safety, upon 
  7.26  recommendation of the council may award grants to local law 
  7.27  enforcement agencies and city and county attorneys' offices to 
  7.28  expand the agency's or office's capacity to successfully 
  7.29  investigate and prosecute crimes committed by criminal gangs. 
  7.30     (b) Grant applicants under this subdivision shall submit to 
  7.31  the commissioner and the council a detailed plan describing the 
  7.32  uses for which the money will be put.  The commissioner and the 
  7.33  council shall evaluate grant applications and award grants in a 
  7.34  manner that will best ensure positive results.  The commissioner 
  7.35  may award grants to purchase necessary equipment and to develop 
  7.36  or upgrade computer systems if the commissioner determines that 
  8.1   those uses would best aid the recipient's attempts to combat 
  8.2   criminal gangs.  The commissioner may require recipients of 
  8.3   grants to provide follow-up reports to the council detailing the 
  8.4   success of the recipient in combating criminal gangs. 
  8.5      (c) The commissioner shall condition grants made under this 
  8.6   subdivision to require that recipients agree to cooperate with 
  8.7   the council and the bureau of criminal apprehension in 
  8.8   establishing and expanding a comprehensive criminal gang 
  8.9   information system and in implementing the strategy developed by 
  8.10  the council to combat criminal gangs.  Grant recipients must 
  8.11  agree to provide the council and bureau with any requested 
  8.12  information regarding the activities and characteristics of 
  8.13  criminal gangs and gang members operating within its 
  8.14  jurisdiction. 
  8.15     Sec. 5.  [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 
  8.16  AGENTS TO STRIKE FORCE.] 
  8.17     The superintendent of the bureau of criminal apprehension 
  8.18  shall assign experienced agents to the strike force described in 
  8.19  section 1.  These agents shall operate exclusively for the 
  8.20  purposes listed in section 1 under the protocol approved by the 
  8.21  criminal gang oversight council. 
  8.22     Sec. 6.  [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 
  8.23  STRIKE FORCE.] 
  8.24     The attorney general shall assign an assistant attorney 
  8.25  general experienced in the prosecution of crimes committed by 
  8.26  criminal gangs to the strike force described in section 1.  This 
  8.27  attorney shall operate exclusively for the purposes listed in 
  8.28  section 1 under the protocol approved by the criminal gang 
  8.29  oversight council. 
  8.30     Sec. 7.  [APPROPRIATIONS.] 
  8.31     Subdivision 1.  [PUBLIC SAFETY.] $....... is appropriated 
  8.32  from the general fund to the commissioner of public safety for 
  8.33  the biennium ending June 30, 1999, for a grant to the criminal 
  8.34  gang oversight council to be used by the council for the grants 
  8.35  authorized in section 4, subdivisions 1 and 2, and to fund the 
  8.36  organization and operation of the strike force described in 
  9.1   section 1.  The council may use part of this appropriation to 
  9.2   procure necessary equipment and pay other expenses deemed 
  9.3   necessary by the council.  However, the council shall seek to 
  9.4   minimize expenses related to equipment by encouraging local 
  9.5   entities to contribute equipment and other support to the strike 
  9.6   force. 
  9.7      Subd. 2.  [BUREAU OF CRIMINAL APPREHENSION.] (a) $....... 
  9.8   is appropriated from the general fund to the superintendent of 
  9.9   the bureau of criminal apprehension for the biennium ending June 
  9.10  30, 1999, to hire new agents to replace those assigned to the 
  9.11  criminal gang strike force. 
  9.12     (b) $....... is appropriated from the general fund to the 
  9.13  superintendent of the bureau of criminal apprehension for the 
  9.14  biennium ending June 30, 1999, to develop a comprehensive 
  9.15  database of information regarding the activities and 
  9.16  characteristics of criminal gangs and gang members throughout 
  9.17  the state. 
  9.18     Subd. 3.  [ATTORNEY GENERAL.] $....... is appropriated from 
  9.19  the general fund to the attorney general for the biennium ending 
  9.20  June 30, 1999, to hire an assistant attorney general to replace 
  9.21  the one assigned to the criminal gang strike force. 
  9.22     Sec. 8.  [SUNSET.] 
  9.23     Minnesota Statutes, sections 299A.625 to 299A.628, expire 
  9.24  June 30, 2001.