1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to corrections; authorizing creation of a 1.3 fugitive apprehension unit in the department of 1.4 corrections; prescribing duties for the unit; amending 1.5 Minnesota Statutes 1999 Supplement, section 626.84, 1.6 subdivision 1; proposing coding for new law in 1.7 Minnesota Statutes, chapter 241. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [241.025] [DEPARTMENT OF CORRECTIONS FUGITIVE 1.10 APPREHENSION UNIT.] 1.11 Subdivision 1. [AUTHORIZATION.] The commissioner of 1.12 corrections may appoint peace officers, as defined in section 1.13 626.84, subdivision 1, paragraph (c), who shall serve in the 1.14 classified service subject to the provisions of section 43A.01, 1.15 subdivision 2, and establish a law enforcement agency, as 1.16 defined in section 626.84, subdivision 1, paragraph (h), known 1.17 as the department of corrections fugitive apprehension unit, to 1.18 perform the duties necessary to make statewide arrests under 1.19 sections 629.30 and 629.34. The jurisdiction of the law 1.20 enforcement agency is limited to the arrest of department of 1.21 corrections' discretionary and statutory released violators and 1.22 department of corrections' escapees. 1.23 Subd. 2. [LIMITATIONS.] The initial processing of a person 1.24 arrested by the fugitive apprehension unit for an offense within 1.25 the agency's jurisdiction is the responsibility of the fugitive 1.26 apprehension unit unless otherwise directed by the law 2.1 enforcement agency with primary jurisdiction. A subsequent 2.2 investigation is the responsibility of the law enforcement 2.3 agency of the jurisdiction in which a new crime is committed. 2.4 The fugitive apprehension unit members are not authorized to 2.5 apply for a search warrant as prescribed in section 626.05. 2.6 Subd. 3. [POLICIES.] The fugitive apprehension unit must 2.7 develop and file all policies required under state law for law 2.8 enforcement agencies. The fugitive apprehension unit also must 2.9 develop a policy for contacting law enforcement agencies in a 2.10 city or county before initiating any fugitive surveillance, 2.11 investigation, or apprehension within the city or county. These 2.12 policies must be filed with the board of peace officers 2.13 standards and training by November 1, 2000. Revisions of any of 2.14 these policies must be filed with the board within ten days of 2.15 the effective date of the revision. The department of 2.16 corrections shall train all of its peace officers regarding the 2.17 application of these policies. 2.18 Subd. 4. [CHIEF LAW ENFORCEMENT OFFICER.] The commissioner 2.19 of corrections shall appoint a full-time peace officer, who 2.20 shall serve in the classified service subject to the provisions 2.21 of section 43A.01, subdivision 2, to be the chief law 2.22 enforcement officer and to be responsible for the management of 2.23 the fugitive apprehension unit. The chief law enforcement 2.24 officer shall possess the necessary police and management 2.25 experience to manage a law enforcement agency. The chief law 2.26 enforcement officer will have supervisory responsibility for all 2.27 fugitive apprehension unit members as defined in section 2.28 179A.03, subdivision 17. Supervisory personnel must be 2.29 available any time fugitive apprehension unit members are on 2.30 duty. The chief law enforcement officer may not hire part-time 2.31 peace officers as defined in section 626.84, subdivision 1, 2.32 paragraph (f). 2.33 Subd. 5. [EMERGENCIES.] (a) The commissioner of 2.34 corrections shall ensure that all emergency vehicles used by the 2.35 fugitive apprehension unit are equipped with radios capable of 2.36 receiving and transmitting on the same frequencies used by the 3.1 law enforcement agencies that have primary jurisdiction. 3.2 (b) When the fugitive apprehension unit receives an 3.3 emergency call, it shall notify the public safety agency with 3.4 primary jurisdiction and coordinate the appropriate response. 3.5 (c) Fugitive apprehension unit officers shall notify the 3.6 primary jurisdiction of their response to the emergency. 3.7 Subd. 6. [COMPLIANCE.] Except as otherwise provided in 3.8 this section, the fugitive apprehension unit shall comply with 3.9 all other statutes to include all deadly force training 3.10 requirements as defined in section 626.8452 and all 3.11 administrative rules relating to the operation and management of 3.12 a law enforcement agency. 3.13 Sec. 2. Minnesota Statutes 1999 Supplement, section 3.14 626.84, subdivision 1, is amended to read: 3.15 Subdivision 1. [DEFINITIONS.] For purposes of sections 3.16 626.84 to 626.863, the following terms have the meanings given 3.17 them: 3.18 (a) "Board" means the board of peace officer standards and 3.19 training. 3.20 (b) "Director" means the executive director of the board. 3.21 (c) "Peace officer" means: 3.22 (1) an employee or an elected or appointed official of a 3.23 political subdivision or law enforcement agency who is licensed 3.24 by the board, charged with the prevention and detection of crime 3.25 and the enforcement of the general criminal laws of the state 3.26 and who has the full power of arrest, and shall also include the 3.27 Minnesota state patrol, agents of the division of alcohol and 3.28 gambling enforcement, state conservation officers,
and3.29 metropolitan transit police officers, and department of 3.30 corrections' fugitive apprehension unit officers; and 3.31 (2) a peace officer who is employed by a law enforcement 3.32 agency of a federally recognized tribe, as defined in United 3.33 States Code, title 25, section 450b(e), and who is licensed by 3.34 the board. 3.35 (d) "Constable" has the meaning assigned to it in section 3.36 367.40. 4.1 (e) "Deputy constable" has the meaning assigned to it in 4.2 section 367.40. 4.3 (f) "Part-time peace officer" means an individual licensed 4.4 by the board whose services are utilized by law enforcement 4.5 agencies no more than an average of 20 hours per week, not 4.6 including time spent on call when no call to active duty is 4.7 received, calculated on an annual basis, who has either full 4.8 powers of arrest or authorization to carry a firearm while on 4.9 active duty. The term shall apply even though the individual 4.10 receives no compensation for time spent on active duty, and 4.11 shall apply irrespective of the title conferred upon the 4.12 individual by any law enforcement agency. The limitation on the 4.13 average number of hours in which the services of a part-time 4.14 peace officer may be utilized shall not apply to a part-time 4.15 peace officer who has formally notified the board pursuant to 4.16 rules adopted by the board of the part-time peace officer's 4.17 intention to pursue the specialized training for part-time peace 4.18 officers who desire to become peace officers pursuant to 4.19 sections 626.843, subdivision 1, clause (g), and 626.845, 4.20 subdivision 1, clause (g). 4.21 (g) "Reserve officer" means an individual whose services 4.22 are utilized by a law enforcement agency to provide 4.23 supplementary assistance at special events, traffic or crowd 4.24 control, and administrative or clerical assistance. A reserve 4.25 officer's duties do not include enforcement of the general 4.26 criminal laws of the state, and the officer does not have full 4.27 powers of arrest or authorization to carry a firearm on duty. 4.28 (h) "Law enforcement agency" means: 4.29 (1) a unit of state or local government that is authorized 4.30 by law to grant full powers of arrest and to charge a person 4.31 with the duties of preventing and detecting crime and enforcing 4.32 the general criminal laws of the state; and 4.33 (2) subject to the limitations in section 626.93, a law 4.34 enforcement agency of a federally recognized tribe, as defined 4.35 in United States Code, title 25, section 450b(e). 4.36 (i) "Professional peace officer education" means a 5.1 post-secondary degree program, or a nondegree program for 5.2 persons who already have a college degree, that is offered by a 5.3 college or university in Minnesota, designed for persons seeking 5.4 licensure as a peace officer, and approved by the board.