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SF 4210

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:13am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; requiring a policy for the use of confidential informants;
proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1. new text beginTITLE.
new text end

new text begin This act shall be known as "Matthew's Law."
new text end

Sec. 2.

new text begin [626.8474] CONFIDENTIAL INFORMANTS; REQUIRED POLICY AND
TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Confidential informant" means a person who cooperates with a law enforcement
agency confidentially in order to protect the person or the agency's intelligence gathering
or investigative efforts and:
new text end

new text begin (1) seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in
which a sentence will be or has been imposed, or receive a monetary or other benefit; and
new text end

new text begin (2) is able, by reason of the person's familiarity or close association with suspected
criminals, to:
new text end

new text begin (i) make a controlled buy or controlled sale of contraband, controlled substances, or
other items that are material to a criminal investigation;
new text end

new text begin (ii) supply regular or constant information about suspected or actual criminal activities
to a law enforcement agency; or
new text end

new text begin (iii) otherwise provide information important to ongoing criminal intelligence gathering
or criminal investigative efforts.
new text end

new text begin (c) "Controlled buy" means the purchase of contraband, controlled substances, or other
items that are material to a criminal investigation from a target offender that is initiated,
managed, overseen, or participated in by law enforcement personnel with the knowledge
of a confidential informant.
new text end

new text begin (d) "Controlled sale" means the sale of contraband, controlled substances, or other items
that are material to a criminal investigation to a target offender that is initiated, managed,
overseen, or participated in by law enforcement personnel with the knowledge of a
confidential informant.
new text end

new text begin (e) "Target offender" means the person suspected by law enforcement personnel to be
implicated in criminal acts by the activities of a confidential informant.
new text end

new text begin Subd. 2. new text end

new text begin Model policy. new text end

new text begin (a) By January 1, 2021, the board shall adopt a model policy
addressing the use of confidential informants by law enforcement. The model policy must
establish policies and procedures for the recruitment, control, and use of confidential
informants. In developing the policy, the board shall consult with representatives of the
Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriff's
Association, Minnesota Police and Peace Officers Association, Minnesota County Attorneys
Association, treatment centers for substance abuse, and mental health organizations. The
model policy must include, at a minimum, the following:
new text end

new text begin (1) information that the law enforcement agency shall maintain about each confidential
informant that must include, at a minimum, an emergency contact for the informant in the
event of the informant's physical or mental harm or death;
new text end

new text begin (2) a process to advise a confidential informant of conditions, restrictions, and procedures
associated with participating in the agency's investigative or intelligence gathering activities;
new text end

new text begin (3) procedures for compensation to an informant as an employee or compensation that
is commensurate with the value of the services and information provided and based on the
level of the targeted offender, the amount of any seizure, and the significance of contributions
made by the informant;
new text end

new text begin (4) designated supervisory or command-level review and oversight in the use of a
confidential informant;
new text end

new text begin (5) consultation with the informant's probation, parole, or supervised release agent, if
any;
new text end

new text begin (6) limits or restrictions on off-duty association or social relationships by law enforcement
agency personnel with confidential informants;
new text end

new text begin (7) exclusion of an informant from engaging in a controlled buy or sale of a controlled
substance if the informant is receiving in-patient or out-patient treatment administered by
a licensed service provider for substance abuse, participating in a treatment-based drug
court program, or has experienced a drug overdose within the past year, except that the
informant may provide confidential information to a law enforcement agency while receiving
treatment;
new text end

new text begin (8) exclusion of an informant under the age of 18 years from participating in a controlled
buy or sale of a controlled substance without the written consent of a parent or legal guardian,
except that the informant may provide confidential information to a law enforcement agency;
new text end

new text begin (9) consideration of an informant's diagnosis of mental illness, substance abuse, or
disability, and history of mental illness, substance abuse, or disability;
new text end

new text begin (10) consultation with an advocate for the informant if the informant is a vulnerable
adult as defined in section 626.5572, subdivision 21, paragraph (a), clause (4);
new text end

new text begin (11) referral of prospective and current confidential informants who are known to be
substance abusers or to be at risk for substance abuse to prevention or treatment services;
new text end

new text begin (12) reasonable protective measures for confidential informants when law enforcement
knows or should have known of a risk or threat of harm to a person serving as a confidential
informant and the risk or threat of harm is a result of the informant's service to the law
enforcement agency;
new text end

new text begin (13) guidelines for the training and briefing of confidential informants;
new text end

new text begin (14) security procedures protecting the identity of a confidential informant during the
time the person is acting as an informant;
new text end

new text begin (15) procedures to deactivate confidential informants that maintain the safety and
anonymity of the informants and offer and provide assistance with physical, mental, or
emotional health services as accepted by the informant;
new text end

new text begin (16) a process to evaluate and report the criminal history and propensity for violence of
any target offenders; and
new text end

new text begin (17) guidelines for a written agreement between the confidential informant and the law
enforcement agency that take into consideration, at a minimum, an informant's physical or
mental infirmity or other physical, mental, or emotional dysfunction that impairs the
informant's ability to knowingly contract or otherwise protect the informant's self-interest.
new text end

new text begin (b) The board shall annually review and, as necessary, revise the model confidential
informant policy in collaboration with representatives from the organizations listed under
paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Agency policies required. new text end

new text begin (a) The chief law enforcement officer of every state
and local law enforcement agency must establish and enforce a written policy governing
the use of confidential informants. The policy must be identical or, at a minimum,
substantially similar to the new or revised model policy adopted by the board under
subdivision 2.
new text end

new text begin (b) Every state and local law enforcement agency must certify annually to the board that
it has adopted a written policy in compliance with the board's model confidential informant
policy.
new text end

new text begin (c) The board shall assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing confidential informant policies under
this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Required preservice training. new text end

new text begin (a) By January 1, 2021, the board shall prepare
learning objectives based on the policies and procedures of the model policy for instructing
peace officers in the recruitment, control, and use of confidential informants. The course
shall consist of at least seven hours of classroom and skills-based training.
new text end

new text begin (b) An individual is not eligible to take the peace officer licensing examination or the
part-time peace officer licensing examination on or after January 1, 2021, unless the
individual has received the training described in paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Required in-service training. new text end

new text begin The chief law enforcement officer of every state
and local law enforcement agency shall provide in-service training in the recruitment,
control, and use of confidential informants to every peace officer and part-time peace officer
employed by the agency who the chief law enforcement officer determines may be involved
in working with confidential informants given the officer's responsibilities. The training
shall comply with learning objectives based on the policies and procedures of the model
policy developed and approved by the board and shall consist of at least seven hours of
classroom and skills-based training every five years.
new text end

new text begin Subd. 6. new text end

new text begin Compliance reviews. new text end

new text begin The board has the authority to inspect state and local
agency policies to ensure compliance with this section. The board may conduct the inspection
based upon a complaint it receives about a particular agency or through a random selection
process.
new text end

new text begin Subd. 7. 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 the day following final enactment.
new text end