SF 1

1st Unofficial Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/18/2020 07:36pm

A bill for an act
relating to public safety; providing critical incident stress management services;
providing for public safety peer counseling; reporting law enforcement use of
force; establishing an Officer-Involved Death Review Board; establishing a
Community-Led Public Safety Coordinator; establishing grants to promote
community-based crisis intervention; 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; restoring the civil right to vote of an individual upon
release from incarceration or upon sentencing if no incarceration is imposed;
requiring notice; requiring reports; appropriating money; amending Minnesota
Statutes 2018, sections 13.43, subdivision 9; 201.014, by adding a subdivision;
201.071, subdivision 1; 609.165, subdivision 1; 626.8469; Minnesota Statutes
2019 Supplement, section 204C.10; proposing coding for new law in Minnesota
Statutes, chapters 181; 201; 243; 299A; 626; repealing Minnesota Statutes 2018,
section 181.973.

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

Section 1.

Minnesota Statutes 2018, section 13.43, subdivision 9, is amended to read:

Subd. 9.

Peer counseling debriefing data.

(a) Data acquired by a new text begin critical incident stress
management team member when providing critical incident stress management services
are governed by section 181.9731 and data acquired by a new text end peer deleted text begin group member in a deleted text end new text begin support
counselor when providing new text end public safety peer counseling deleted text begin debriefing is private data on the
person being debriefed deleted text end new text begin are governed by section 181.9732 new text end .

(b) For purposes of this subdivision deleted text begin , "public safety peer counseling debriefing" means
a group process oriented debriefing session held for peace officers, firefighters, medical
emergency persons, dispatchers, or other persons involved with public safety emergency
services, that is established by any government entity providing public safety emergency
services and is designed to help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with posttraumatic stress deleted text end new text begin :
new text end

new text begin (1) "critical incident stress management services" has the meaning given in section
181.9731, subdivision 1, paragraph (c);
new text end

new text begin (2) "critical incident stress management team member" has the meaning given in section
181.9731, subdivision 1, paragraph (e);
new text end

new text begin (3) "peer support counselor has the meaning given in section 181.9732, subdivision 1,
paragraph (c); and
new text end

new text begin (4) "public safety peer counseling" has the meaning given in section 181.9732, subdivision
1, paragraph (c) new text end .

Sec. 2.

new text begin [181.9731] CRITICAL INCIDENT STRESS MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider. "Critical incident" includes, but is not
limited to, any encounter which may result in the death of or serious injury to another person
such as fatal motor vehicle accidents, child abuse investigations, death investigations, and
large scale man-made or natural disasters.
new text end

new text begin (c) "Critical incident stress management services" means consultation, risk assessment,
education, intervention, and other crisis intervention services provided by a critical incident
stress management team or critical incident stress management team member to an emergency
service provider affected by a critical incident.
new text end

new text begin (d) "Critical incident stress management team" means a group organized to provide
critical incident stress management to emergency service providers and consists of members
trained in accordance with standards established by a nationally accredited critical incident
stress management organization or network and recognized by the commissioner of public
safety. A critical incident stress management team may include members from any emergency
service discipline, mental health professionals, and designated emergency service chaplains.
new text end

new text begin (e) "Critical incident stress management team member" means an individual who is
specially trained to provide critical incident stress management services, has met the critical
incident stress management team training requirements, was approved to function as a
critical incident stress management team member prior to the time critical incident stress
management services are provided, and is approved to function as a critical incident stress
management team member at the time the critical incident stress management services are
provided.
new text end

new text begin (f) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, or other person involved with public safety emergency
services, either paid or volunteer.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure prohibited. new text end

new text begin (a) Except as provided in subdivision 3, a critical
incident stress management team member or any person who receives critical incident stress
management services shall not be required to disclose any information obtained solely
through the provision of or receipt of such services to a third party.
new text end

new text begin (b) Government data on individuals receiving critical incident stress management services
are classified as private data on individuals, as defined by section 13.02, subdivision 12,
but may be disclosed as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin The prohibition established under subdivision 2 does not apply if
any of the following are true:
new text end

new text begin (1) the critical incident stress management team member reasonably believes the
disclosure is necessary to prevent harm to the person in receipt of critical incident stress
management services or to prevent harm to another person;
new text end

new text begin (2) the person who received critical incident stress management services provides written
consent to the disclosure of the information;
new text end

new text begin (3) the critical incident stress management team member is a witness or a party to a
critical incident that prompted the emergency service provider to receive critical stress
management services;
new text end

new text begin (4) the person receiving critical incident stress management services discloses information
that is required to be reported under the mandated reporting laws, including, but not limited
to, the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557;
new text end

new text begin (5) the emergency service provider who received critical incident stress management
services is deceased and the surviving spouse or administrator of the estate of the deceased
emergency service provider gives written consent to the disclosure; or
new text end

new text begin (6) the emergency service provider who received critical incident stress management
services voluntarily testifies, in which case the critical incident stress management team
member may be compelled to testify on the same subject.
new text end

Sec. 3.

new text begin [181.9732] PUBLIC SAFETY PEER COUNSELING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Emergency service providers" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, or other person involved with public safety emergency
services, either paid or volunteer.
new text end

new text begin (c) "Peer support counselor" means an individual who is specially trained to provide
public safety peer counseling services in accordance with standards established by an
accredited mental health organization or network and recognized by the commissioner, and
who is designated by the emergency service provider's agency to provide such services.
new text end

new text begin (d) "Public safety peer counseling" means a counseling session, led by a peer support
counselor for emergency service providers that is designed to help a person who has suffered
an occupation-related trauma, illness, or stress begin the process of healing and effectively
dealing with the person's problems, and includes the use of referrals to better service these
occupation-related issues.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure prohibited. new text end

new text begin (a) Except as provided in subdivision 3, a peer support
counselor or any person who receives public safety peer counseling shall not be required
to disclose any information obtained solely through the provision of or receipt of such
services to a third party.
new text end

new text begin (b) Government data on individuals receiving peer counseling are classified as private
data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as
provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin The prohibition established under subdivision 2 does not apply if
any of the following are true:
new text end

new text begin (1) the peer support counselor reasonably believes the disclosure is necessary to prevent
harm to the person in receipt of public safety peer counseling or to prevent harm to another
person;
new text end

new text begin (2) the person who received public safety peer counseling provides written consent to
the disclosure of the information;
new text end

new text begin (3) the peer support counselor is a witness or a party to a critical incident that prompted
the emergency service provider to receive public safety peer counseling;
new text end

new text begin (4) the person receiving public safety peer counseling discloses information that is
required to be reported under the mandated reporting laws, including, but not limited to,
the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557;
new text end

new text begin (5) the emergency service provider who received public safety peer counseling is deceased
and the surviving spouse or administrator of the estate of the deceased emergency service
provider gives written consent to the disclosure; or
new text end

new text begin (6) the emergency service provider who received public safety peer counseling voluntarily
testifies, in which case the peer support counselor may be compelled to testify on the same
subject.
new text end

Sec. 4.

Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Felony conviction; restoration of civil right to vote. new text end

new text begin An individual convicted
of a felony has the civil right to vote restored when the individual completes any incarceration
imposed and executed by the court for the offense, or upon sentencing if no incarceration
is imposed. If the individual is later incarcerated for the same offense, the individual's civil
right to vote is lost only during the period of incarceration.
new text end

Sec. 5.

Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence deleted text end new text begin am not currently
incarcerated for a felony offense new text end ; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 6.

new text begin [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT
VOTING RIGHTS.
new text end

new text begin The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.
new text end

Sec. 7.

Minnesota Statutes 2019 Supplement, section 204C.10, is amended to read:

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE;
VOTER RECEIPT.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual new text begin :
new text end

new text begin (1) new text end is at least 18 years of age deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) is new text end a citizen of the United States deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end has resided in Minnesota for 20 days immediately preceding the election deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end maintains residence at the address shown deleted text begin , deleted text end new text begin ;
new text end

new text begin (5) new text end is not under a guardianship in which the court order revokes the individual's right to
vote deleted text begin , deleted text end new text begin ;
new text end

new text begin (6) new text end has not been found by a court of law to be legally incompetent to vote deleted text begin or deleted text end new text begin ;
new text end

new text begin (7) new text end has the right to vote because, if the individual was convicted of a felony, deleted text begin the felony
sentence has expired or been completed or deleted text end the individual has deleted text begin been discharged from the
sentence, deleted text end new text begin completed the term of incarceration, if any, for the felony offense;
new text end

new text begin (8) new text end is registered new text begin ; new text end and

new text begin (9) new text end has not already voted in the election.

The roster must also state: "I understand that deliberately providing false information
is a felony punishable by not more than five years imprisonment and a fine of not more than
$10,000, or both."

(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote." This statement must appear separately from the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 8.

new text begin [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end

new text begin Subdivision 1. new text end

new text begin Correctional facilities; designation of official. new text end

new text begin The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice and application required under this section to persons to whom
the civil right to vote is restored by reason of the persons' release from actual incarceration.
The official shall maintain an adequate supply of voter registration applications and
informational materials for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirement. new text end

new text begin A notice of restoration of the civil right to vote and a
voter registration application must be provided as follows:
new text end

new text begin (1) the chief executive officer of each state and local correctional facility shall provide
the notice and application to a person being released from the facility following incarceration
for a felony-level offense; and
new text end

new text begin (2) a probation officer or supervised release agent shall provide the notice and application
to all individuals under correctional supervision for a felony-level offense.
new text end

new text begin Subd. 3. new text end

new text begin Form of notice. new text end

new text begin The notice required by subdivision 2 must appear substantially
as follows:
new text end

new text begin "NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end

new text begin Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote. To register,
you may complete a voter registration application and return it to the Office of the Minnesota
Secretary of State. You may also register to vote in your polling place on election day. You
will not be permitted to cast a ballot until you register to vote. The first time you appear at
your polling place to cast a ballot, you may be required to provide proof of your current
residence."
new text end

new text begin Subd. 4. new text end

new text begin Failure to provide notice. new text end

new text begin A failure to provide proper notice as required by
this section does not prevent the restoration of the person's civil right to vote.
new text end

Sec. 9.

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 appointed by the commissioner of public safety under paragraph (a), clause
(6), serve a two-year term, and may be re-appointed for one additional term.
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 should 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 service 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) Meetings of the board are not subject to
chapter 13D. 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 (e) In addition to the requirements of section 13.05, subdivision 5, the board must
establish written procedures to ensure individuals have access to not public data only if
authorized in writing by the board. The ability of authorized individuals to enter, update,
or access not public data must be limited through the use of role-based access that
corresponds to the official duties or training level of the individual and the statutory
authorization that grants access for that purpose. All queries and responses, and all actions
in which data are entered, updated, accessed, shared, or disseminated, must be recorded in
a data audit trail. Data contained in the audit trail are public, to the extent that the data are
not otherwise classified by law.
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. 10.

new text begin [299A.625] COMMUNITY-LED PUBLIC SAFETY COORDINATOR.
new text end

new text begin Subdivision 1. new text end

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

new text begin The
commissioner of public safety shall appoint a statewide community-led public safety
coordinator in the Office of Justice Programs who shall serve in the unclassified service.
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 community-based 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. 11.

Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:

Subdivision 1.

Restoration.

When a person has been deprived of civil rights by reason
of conviction of a crime and is thereafter discharged, such discharge shall restore the person
to all civil rights and to full citizenship deleted text begin , with full right to deleted text end deleted text begin vote and deleted text end deleted text begin hold office, deleted text end the same as
if such conviction had not taken place, and the order of discharge shall so provide.

Sec. 12.

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. 13.

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 six
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; and
new text end

new text begin (9) mental illnesses and disorders and the symptoms.
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. 14.

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

new text begin $145,000 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.
$137,000 is added to the board's base.
new text end

Sec. 16. new text begin APPROPRIATION; POLICE AND MENTAL HEALTH CRISIS TEAM
COLLABORATION.
new text end

new text begin $14,000 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. 17. new text begin APPROPRIATION.
new text end

new text begin $8,000 is appropriated from the general fund to the Bureau of Criminal Apprehension
for the fiscal year ending June 30, 2021, to implement autism training.
new text end

Sec. 18. 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 community-based responses to crises. new text end

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

new text begin (b) The community-led public safety coordinator shall award grants to local units of
government or tribal governments that form a partnership with community-based
organizations to support, develop, or 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 community-led public safety coordinator 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

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 181.973, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 201-UES0001-1

181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.

A person engaged in a public safety peer counseling or a public safety peer debriefing shall not, without the permission of the person being debriefed or counseled, be allowed to disclose any information or opinion which the peer group member or peer counselor has acquired during the process. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person may be a danger to self or others, if the information is used only for the purpose of eliminating the danger to the person or others. Any information or opinion disclosed in violation of this paragraph is not admissible as evidence in any personnel or occupational licensing matter involving the person being debriefed or counseled.

For purposes of this section, "public safety peer counseling or debriefing" means a group process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related trauma, illness, or stress begin the process of healing and effectively dealing with the person's problems or the use of the peer counselor for direction with referrals to better service these occupation-related issues. A "peer counselor" means someone so designated by that agency.