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SF 40

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/21/2020 07:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; modifying membership of the Peace Officer Standards
and Training Board; providing for crisis intervention, mental illness crisis, and
autism training; modifying a past appropriation to the Peace Officer Standards and
Training Board; limiting admissibility of statements made during public safety
peer support activity and critical incident stress management services; classifying
certain data; expanding access to information for law enforcement hiring; requiring
updated policies regarding the use of force by peace officers; reporting law
enforcement use of force; requiring reports; appropriating money; amending
Minnesota Statutes 2018, sections 13.43, subdivision 9; 181.973; 626.841;
626.8452, subdivisions 2, 4, by adding a subdivision; 626.8469; 626.87,
subdivisions 2, 3, 5; Laws 2019, First Special Session chapter 5, article 1, section
13, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters
181; 626.

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 deleted text begincounseling debriefingdeleted text endnew text begin support and public safety stress management new text end
data.

deleted text begin(a)deleted text end new text beginGovernment new text enddata acquired by a peer deleted text begingroup member in a public safety peer
counseling debriefing
deleted text endnew text begin support provider on an individual being supported by a public safety
support activity under section 181.973 or by a critical incident stress management team or
team member on an individual receiving critical incident stress management services under
section 181.9731
new text end is private data deleted text beginon the person being debriefeddeleted text end.

deleted text begin (b) For purposes of this subdivision, "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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 181.973, is amended to read:


181.973 PUBLIC SAFETY PEER deleted text beginCOUNSELING AND DEBRIEFINGdeleted text endnew text begin SUPPORT
ACTIVITY
new text end.

new text begin (a) new text endA person deleted text beginengageddeleted text endnew text begin participatingnew text end in deleted text beginadeleted text end public safety peer deleted text begincounseling or a public safety
peer debriefing
deleted text endnew text begin support activitynew text end shall not, without the permission of the person being
deleted text begin debriefed or counseled, be allowed todeleted text endnew text begin supported,new text end disclose any information or opinion deleted text beginwhichdeleted text endnew text begin
that
new text end the deleted text beginpeer group member or peer counselordeleted text endnew text begin participantnew text end has acquired during the new text beginpeer
support activity
new text endprocess. deleted text beginHowever,deleted text end This new text beginparagraph new text enddoes not prohibit a peer deleted text begincounselordeleted text endnew text begin support
provider
new text end from disclosing information the deleted text beginpeer counselordeleted text endnew text begin providernew text end reasonably believes
indicates that the person new text beginbeing supported new text endmay 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
new text begin criminal, civil, new text endpersonnelnew text begin,new text end or occupational licensing matter involving the person being
deleted text begin debriefed or counseled.deleted text endnew text begin supported. For purposes of this paragraph, a "peer support provider"
means someone trained in peer-to-peer emotional and psychological support and coaching
techniques who is designated by a formal program within a public safety agency to provide
support services.
new text end

new text begin (b) A statement made by a person being supported during public safety peer support
activity is not admissible in any criminal, civil, or administrative proceeding.
new text end

new text begin (c) new text endFor purposes of this section, "public safety peer deleted text begincounseling or debriefingdeleted text endnew text begin support
activity
new text end" means a group process oriented debriefing session, or one-to-one contact with a
new text begin trained new text endpeer counselor, held for peace officers, new text begincorrectional officers, new text endfirefighters, deleted text beginmedicaldeleted text endnew text begin
rescue squad members,
new text end emergency deleted text beginpersonsdeleted text endnew text begin medical services providersnew text end, dispatchers, new text beginhospital
or emergency medical clinic personnel,
new text endor 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 new text beginresponse new text endbegin the process of healing and deleted text begineffectively dealing withdeleted text endnew text begin recovery
from
new text end the person's deleted text beginproblemsdeleted text endnew text begin reactionsnew text end or the use of the peer deleted text begincounselordeleted text endnew text begin support programnew text end for
direction with referrals to better service these occupation-related issues. deleted text beginA "peer counselor"
means someone so designated by that agency.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 3.

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) "Crisis intervention services" means consultation, one-on-one peer counseling,
coaching, debriefings, defusings, management, prevention, referral for suicide and
posttraumatic stress prevention, or resilience education and training provided by a critical
incident stress management team member or participant. Crisis intervention services may
include peer support activity under section 181.973.
new text end

new text begin (c) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider as a result of the provider's response to
the event.
new text end

new text begin (d) "Critical incident stress management" means a set of crisis intervention services for
emergency service providers to assist in coping with the stress and potential psychological
trauma resulting from a response to emotionally difficult events.
new text end

new text begin (e) "Critical incident stress management team" means a group organized to provide
career-related stress management to emergency service providers. A critical incident stress
management team may include peer members from any emergency service discipline, mental
health professionals, and designated emergency service chaplains.
new text end

new text begin (f) "Emergency service provider" includes a peace officer, correctional officer, 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; exception. new text end

new text begin (a) A critical incident stress management
team member, a mental health provider, a participant, or any other person involved in the
provision or receipt of crisis intervention services must not, without the consent of the
individual receiving services, disclose any information obtained solely through the provision
of or receipt of such services.
new text end

new text begin (b) A critical incident stress management team member or a mental health provider
involved in the provision or receipt of crisis intervention services may disclose information
if the member or provider reasonably believes the disclosure is necessary to prevent harm
to the person in receipt of services or to prevent harm to another person.
new text end

new text begin Subd. 3. new text end

new text begin Inadmissibility. new text end

new text begin Any statement made during the provision or receipt of critical
incident stress management is not admissible in an administrative, civil, or criminal
proceeding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 4.

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 harm 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 626.841, is amended to read:


626.841 BOARD; MEMBERS.

The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15deleted text endnew text begin 17new text end members:

(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;

(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;

(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;

(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; and

(7) deleted text begintwodeleted text end new text beginfour new text endmembers appointed by the governor from among the general public.

A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Updated policies required. new text end

new text begin (a) By September 1, 2020, the board, in
consultation with interested parties, shall adopt an updated comprehensive written model
policy on the use of force, including deadly force, by peace officers, and distribute this
policy to the chief law enforcement officer of every law enforcement agency in the state.
The model policy must recognize and respect the sanctity and value of all human life and
the need to treat everyone with dignity and without prejudice. At a minimum, the policy
must include:
new text end

new text begin (1) a duty for peace officers to intercede when present and observing another peace
officer using force that is clearly beyond what is objectively reasonable under the law and
the particular circumstances of the case, and in a position to do so; and
new text end

new text begin (2) a duty for peace officers to report any illegal use of force by another peace officer
to the officer's chief law enforcement officer.
new text end

new text begin In addition, except in cases where the person upon whom the action is taken is committing
a violent act that imminently threatens the peace officer or another with great bodily harm,
as defined in section 609.02, subdivision 8, or death, the policy must prohibit peace officers
from using (i) carotid control, or (ii) neck restraints or chokeholds that restrict airways.
However, even in those circumstances, the policy must require that less lethal measures be
considered first by the officer.
new text end

new text begin (b) By November 1, 2020, each chief law enforcement officer shall establish and enforce
an updated comprehensive written policy on the use of force, including deadly force, by
officers within the agency that is identical or substantively similar to the model policy
required in paragraph (a). Each chief law enforcement officer shall certify to the board that
the policy has been established in compliance with this paragraph. Chief law enforcement
officers shall ensure that each officer in the agency receives a copy of the policy and adheres
to it.
new text end

new text begin (c) The board has authority to inspect law enforcement agency policies to ensure
compliance with paragraph (b). The board may conduct this inspection based upon a
complaint it receives about a particular agency or through a random selection process.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 7.

Minnesota Statutes 2018, section 626.8452, subdivision 2, is amended to read:


Subd. 2.

Deadly force and firearms use; initial instruction.

Beginning January 1,
1992, the head of every local and state law enforcement agency shall provide instruction
on the use of force, deadly force, and the use of firearms to every peace officer and part-time
peace officer newly appointed by or beginning employment with the agency. This instruction
must occur before the agency head issues a firearm to the officer or otherwise authorizes
the officer to carry a firearm in the course of employment. The instruction must be based
on the agency's written policy required in deleted text beginsubdivisiondeleted text end new text beginsubdivisions new text end1 new text beginand 1a new text endand on the
instructional materials required by the board for peace officer and part-time peace officer
licensure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 8.

Minnesota Statutes 2018, section 626.8452, subdivision 4, is amended to read:


Subd. 4.

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
subdivisions new text begin1a, new text end2new text begin,new text end and 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 9.

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 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;
new text end

new text begin (9) mental illnesses and disorders and the symptoms; and
new text end

new text begin (10) autism spectrum disorder.
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 endnew text begin subdivisions 1 and 1a. new text endThe documentation deleted text beginis subject to periodic review by
the board, and
deleted text end shall be deleted text beginmade availabledeleted text endnew text begin submittednew text end to the board deleted text beginat its requestdeleted 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 10.

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 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 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 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 11.

Minnesota Statutes 2018, section 626.87, subdivision 2, is amended to read:


Subd. 2.

Disclosure of employment information.

Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1new text begin or who is a candidate for employment with a law enforcement agency in any
other capacity
new text end. The request for disclosure of employment information must be in writing,
must be accompanied by an deleted text beginoriginaldeleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begina sworn peace officer or otherdeleted text end new text beginan new text endauthorized
representative of the law enforcement agency conducting the background investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 12.

Minnesota Statutes 2018, section 626.87, subdivision 3, is amended to read:


Subd. 3.

Refusal to disclose a personnel record.

If an employer refuses to disclose
employment information in accordance with this section, upon request the district court
may issue an ex parte order directing the disclosure of the employment information. The
request must be made by deleted text begina sworn peace officerdeleted text end new text beginan authorized representative new text endfrom the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text beginoriginaldeleted text end request for disclosure made upon the employer or former employer and the
authorization and release signed by the employee or former employee. The request must be
signed by the deleted text beginpeace officerdeleted text end new text beginperson new text endrequesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation is being
conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person new text beginor entity new text endwho fails
to comply to civil or criminal contempt of court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 13.

Minnesota Statutes 2018, section 626.87, subdivision 5, is amended to read:


Subd. 5.

Notice of investigation.

Upon initiation of a background investigation deleted text beginunder
this section
deleted text endnew text begin for a person described in subdivision 1new text end, the law enforcement agency shall give
written notice to the Peace Officer Standards and Training Board of:

(1) the candidate's full name and date of birth; and

(2) the candidate's peace officer license number, if known.

The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's
standards for employment as a law enforcement employee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 14.

Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4,
is amended to read:


Subd. 4.

Peace Officer Training Assistance

$6,000,000 deleted text begineach yeardeleted text end new text beginin fiscal year 2020 and
$5,400,000 in fiscal year 2021
new text end is to support
and strengthen law enforcement training and
implement best practices. The base for this
activity is deleted text begin$0deleted text endnew text begin $5,600,000new text end in fiscal year 2022
and thereafter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15. new text beginAPPROPRIATIONS.
new text end

new text begin $600,000 is appropriated from the general fund to the Peace Officer Standards and
Training Board for the fiscal year ending June 30, 2021. Of this amount:
new text end

new text begin (1) $200,000 is for autism training under Minnesota Statutes, section 626.8474;
new text end

new text begin (2) $200,000 is 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; and
new text end

new text begin (3) $200,000 is to administer two pilot projects, one in the seven-county metropolitan
area and one outside the seven-county metropolitan area, to create collaborations between
county mobile crisis mental health services described in Minnesota Statutes, section 245.469,
and municipal law enforcement agencies.
new text end

new text begin The appropriation in clause (3) is a onetime appropriation and must 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 under clause (3) 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end