SF 3097

as introduced - 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; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 241.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [241.025] [DEPARTMENT OF CORRECTIONS FUGITIVE 
  1.8   APPREHENSION UNIT.] 
  1.9      Subdivision 1.  [AUTHORIZATION.] The commissioner of 
  1.10  corrections may appoint peace officers, as defined in section 
  1.11  626.84, subdivision 1, paragraph (c), who shall serve in the 
  1.12  classified service subject to the provisions of section 43A.01, 
  1.13  subdivision 2, and establish a law enforcement agency, as 
  1.14  defined in section 626.84, subdivision 1, paragraph (h), known 
  1.15  as the department of corrections fugitive apprehension unit, to 
  1.16  perform the duties necessary to make statewide arrests under 
  1.17  sections 629.30 and 629.34.  The jurisdiction of the law 
  1.18  enforcement agency is limited to the arrest of department of 
  1.19  corrections' discretionary and statutory released violators and 
  1.20  department of corrections' escapees. 
  1.21     Subd. 2.  [LIMITATIONS.] The initial processing of a person 
  1.22  arrested by the fugitive apprehension unit for an offense within 
  1.23  the agency's jurisdiction is the responsibility of the fugitive 
  1.24  apprehension unit unless otherwise directed by the law 
  1.25  enforcement agency with primary jurisdiction.  A subsequent 
  2.1   investigation is the responsibility of the law enforcement 
  2.2   agency of the jurisdiction in which a new crime is committed.  
  2.3   The fugitive apprehension unit members are not authorized to 
  2.4   apply for a search warrant as prescribed in section 626.05. 
  2.5      Subd. 3.  [CHIEF LAW ENFORCEMENT OFFICER.] The commissioner 
  2.6   of corrections shall appoint a full-time peace officer, who 
  2.7   shall serve in the classified service subject to the provisions 
  2.8   of section 43A.01, subdivision 2, to be the chief law 
  2.9   enforcement officer and to be responsible for the management of 
  2.10  the fugitive apprehension unit.  The chief law enforcement 
  2.11  officer shall possess the necessary police and management 
  2.12  experience to manage a law enforcement agency.  The chief law 
  2.13  enforcement officer will have supervisory responsibility for all 
  2.14  fugitive apprehension unit members as defined in section 
  2.15  179A.03, subdivision 17.  Supervisory personnel must be 
  2.16  available any time fugitive apprehension unit members are on 
  2.17  duty.  The chief law enforcement officer may not hire part-time 
  2.18  peace officers as defined in section 626.84, subdivision 1, 
  2.19  paragraph (f). 
  2.20     Subd. 4.  [COMPLIANCE.] Except as otherwise provided in 
  2.21  this section, the fugitive apprehension unit shall comply with 
  2.22  all other statutes to include all deadly force training 
  2.23  requirements as defined in section 626.8452 and all 
  2.24  administrative rules relating to the operation and management of 
  2.25  a law enforcement agency.