SF 4624

as introduced - 91st Legislature (2019 - 2020) Posted on 05/17/2020 07:42am

A bill for an act
relating to public safety; authorizing Department of Public Safety to accept grant
funding; expanding access to information for law enforcement hiring; providing
for juvenile risk assessments; amending Minnesota Statutes 2018, sections
260B.176, by adding a subdivision; 626.87, subdivisions 2, 3, 5.

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

Section 1.

Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Risk assessment instrument. new text end

new text begin If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner, county, group of counties, or judicial district, in consultation
with the state coordinator or coordinators of the Minnesota Juvenile Detention Alternative
Initiative. The risk assessment instrument must assess the likelihood that a child released
from preadjudication detention under this section or section 260B.178 would endanger
others or not return for a court hearing. The instrument must identify the appropriate setting
for a child who might endanger others or not return for a court hearing pending adjudication
with either continued detention or placement in a noncustodial community-based supervision
setting. The instrument must also identify the type of noncustodial community-based
supervision setting necessary to minimize the risk that a child who is released from custody
will endanger others or not return for a court hearing. If, after using the instrument, a
determination is made that the child should be released, the person taking the child into
custody or the supervisor of the facility shall release the child as provided in subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 15, 2021.
new text end

Sec. 2.

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 1 new 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 begin original deleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begin a sworn peace officer or other deleted text end new text begin an new text end authorized
representative of the law enforcement agency conducting the background investigation.

Sec. 3.

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 begin a sworn peace officer deleted text end new text begin an authorized representative new text end from the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text begin original deleted 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 begin peace officer deleted text end new text begin person new text end requesting 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 begin or entity new text end who fails
to comply to civil or criminal contempt of court.

Sec. 4.

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 begin under
this section deleted text end new text begin for a person described in subdivision 1 new 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.

Sec. 5. new text begin ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
new text end

new text begin The commissioner may accept donations, grants, bequests, and other gifts of money to
carry out the purposes of Minnesota Statutes, chapter 299A. Donations, nonfederal grants,
bequests, or other gifts of money accepted by the commissioner must be deposited in an
account in the special revenue fund and are appropriated to the commissioner for the purpose
for which it was given.
new text end