SF 1943

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to corrections; creating discipline
procedures for correctional officers; proposing coding
for new law in Minnesota Statutes, chapter 241.

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

Section 1.

new text begin [241.026] CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.
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 terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "Correctional officer" and "officer" mean a person
employed by the state, a state correctional facility, or a local
correctional or detention facility in a security capacity.
new text end

new text begin (c) "Formal statement" means the questioning of an officer
in the course of obtaining a recorded, stenographic, or signed
statement to be used as evidence in a disciplinary proceeding
against the officer.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin The procedures and provisions of
this section apply to state and local correctional authorities.
new text end

new text begin Subd. 3. new text end

new text begin Governing formal statement procedures. new text end

new text begin The
formal statement of an officer must be taken according to
subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Place of formal statement. new text end

new text begin The formal statement
must be taken at a facility of the employing or investigating
agency or at a place agreed to by the investigating individual
and the investigated officer.
new text end

new text begin Subd. 5. new text end

new text begin Admissions. new text end

new text begin Before an officer's formal
statement is taken, the officer shall be advised in writing or
on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis
for discipline.
new text end

new text begin Subd. 6. new text end

new text begin Disclosure of financial records. new text end

new text begin No employer
may require an officer to produce or disclose the officer's
personal financial records except pursuant to a valid search
warrant or subpoena.
new text end

new text begin Subd. 7. new text end

new text begin Release of photographs. new text end

new text begin No state or local
correctional facility or governmental unit may publicly release
photographs of an officer without the written permission of the
officer, except that the facility or unit may display a
photograph of an officer to a prospective witness as part of an
agency or unit investigation.
new text end

new text begin Subd. 8. new text end

new text begin Disciplinary letter. new text end

new text begin No disciplinary letter or
reprimand may be included in an officer's personnel record
unless the officer has been given a copy of the letter or
reprimand.
new text end

new text begin Subd. 9. new text end

new text begin Retaliatory action prohibited. new text end

new text begin No officer may
be discharged, disciplined, or threatened with discharge or
discipline as retaliation for or solely by reason of the
officer's exercise of the rights provided by this section.
new text end

new text begin Subd. 10. new text end

new text begin Rights not reduced. new text end

new text begin The rights of officers
provided by this section are in addition to and do not diminish
the rights and privileges of officers that are provided under an
applicable collective bargaining agreement or any other
applicable law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end