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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 291-S.F.No. 3097 
                  An act relating to corrections; authorizing creation 
                  of a fugitive apprehension unit in the department of 
                  corrections; prescribing duties for the unit; amending 
                  Minnesota Statutes 1999 Supplement, section 626.84, 
                  subdivision 1; proposing coding for new law in 
                  Minnesota Statutes, chapter 241. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [241.025] [DEPARTMENT OF CORRECTIONS FUGITIVE 
        APPREHENSION UNIT.] 
           Subdivision 1.  [AUTHORIZATION.] The commissioner of 
        corrections may appoint peace officers, as defined in section 
        626.84, subdivision 1, paragraph (c), who shall serve in the 
        classified service subject to the provisions of section 43A.01, 
        subdivision 2, and establish a law enforcement agency, as 
        defined in section 626.84, subdivision 1, paragraph (h), known 
        as the department of corrections fugitive apprehension unit, to 
        perform the duties necessary to make statewide arrests under 
        sections 629.30 and 629.34.  The jurisdiction of the law 
        enforcement agency is limited to the arrest of department of 
        corrections' discretionary and statutory released violators and 
        department of corrections' escapees. 
           Subd. 2.  [LIMITATIONS.] The initial processing of a person 
        arrested by the fugitive apprehension unit for an offense within 
        the agency's jurisdiction is the responsibility of the fugitive 
        apprehension unit unless otherwise directed by the law 
        enforcement agency with primary jurisdiction.  A subsequent 
        investigation is the responsibility of the law enforcement 
        agency of the jurisdiction in which a new crime is committed.  
        The fugitive apprehension unit members are not authorized to 
        apply for a search warrant as prescribed in section 626.05. 
           Subd. 3.  [POLICIES.] The fugitive apprehension unit must 
        develop and file all policies required under state law for law 
        enforcement agencies.  The fugitive apprehension unit also must 
        develop a policy for contacting law enforcement agencies in a 
        city or county before initiating any fugitive surveillance, 
        investigation, or apprehension within the city or county.  These 
        policies must be filed with the board of peace officers 
        standards and training by November 1, 2000.  Revisions of any of 
        these policies must be filed with the board within ten days of 
        the effective date of the revision.  The department of 
        corrections shall train all of its peace officers regarding the 
        application of these policies. 
           Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER.] The commissioner 
        of corrections shall appoint a full-time peace officer, who 
        shall serve in the classified service subject to the provisions 
        of section 43A.01, subdivision 2, to be the chief law 
        enforcement officer and to be responsible for the management of 
        the fugitive apprehension unit.  The chief law enforcement 
        officer shall possess the necessary police and management 
        experience to manage a law enforcement agency.  The chief law 
        enforcement officer will have supervisory responsibility for all 
        fugitive apprehension unit members as defined in section 
        179A.03, subdivision 17.  Supervisory personnel must be 
        available any time fugitive apprehension unit members are on 
        duty.  The chief law enforcement officer may not hire part-time 
        peace officers as defined in section 626.84, subdivision 1, 
        paragraph (f). 
           Subd. 5.  [EMERGENCIES.] (a) The commissioner of 
        corrections shall ensure that all emergency vehicles used by the 
        fugitive apprehension unit are equipped with radios capable of 
        receiving and transmitting on the same frequencies used by the 
        law enforcement agencies that have primary jurisdiction. 
           (b) When the fugitive apprehension unit receives an 
        emergency call, it shall notify the public safety agency with 
        primary jurisdiction and coordinate the appropriate response. 
           (c) Fugitive apprehension unit officers shall notify the 
        primary jurisdiction of their response to the emergency. 
           Subd. 6.  [COMPLIANCE.] Except as otherwise provided in 
        this section, the fugitive apprehension unit shall comply with 
        all other statutes to include all deadly force training 
        requirements as defined in section 626.8452 and all 
        administrative rules relating to the operation and management of 
        a law enforcement agency. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        626.84, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        626.84 to 626.863, the following terms have the meanings given 
        them: 
           (a) "Board" means the board of peace officer standards and 
        training. 
           (b) "Director" means the executive director of the board. 
           (c) "Peace officer" means: 
           (1) an employee or an elected or appointed official of a 
        political subdivision or law enforcement agency who is licensed 
        by the board, charged with the prevention and detection of crime 
        and the enforcement of the general criminal laws of the state 
        and who has the full power of arrest, and shall also include the 
        Minnesota state patrol, agents of the division of alcohol and 
        gambling enforcement, state conservation officers, and 
        metropolitan transit police officers, and department of 
        corrections' fugitive apprehension unit officers; and 
           (2) a peace officer who is employed by a law enforcement 
        agency of a federally recognized tribe, as defined in United 
        States Code, title 25, section 450b(e), and who is licensed by 
        the board. 
           (d) "Constable" has the meaning assigned to it in section 
        367.40. 
           (e) "Deputy constable" has the meaning assigned to it in 
        section 367.40. 
           (f) "Part-time peace officer" means an individual licensed 
        by the board whose services are utilized by law enforcement 
        agencies no more than an average of 20 hours per week, not 
        including time spent on call when no call to active duty is 
        received, calculated on an annual basis, who has either full 
        powers of arrest or authorization to carry a firearm while on 
        active duty.  The term shall apply even though the individual 
        receives no compensation for time spent on active duty, and 
        shall apply irrespective of the title conferred upon the 
        individual by any law enforcement agency.  The limitation on the 
        average number of hours in which the services of a part-time 
        peace officer may be utilized shall not apply to a part-time 
        peace officer who has formally notified the board pursuant to 
        rules adopted by the board of the part-time peace officer's 
        intention to pursue the specialized training for part-time peace 
        officers who desire to become peace officers pursuant to 
        sections 626.843, subdivision 1, clause (g), and 626.845, 
        subdivision 1, clause (g). 
           (g) "Reserve officer" means an individual whose services 
        are utilized by a law enforcement agency to provide 
        supplementary assistance at special events, traffic or crowd 
        control, and administrative or clerical assistance.  A reserve 
        officer's duties do not include enforcement of the general 
        criminal laws of the state, and the officer does not have full 
        powers of arrest or authorization to carry a firearm on duty. 
           (h) "Law enforcement agency" means: 
           (1) a unit of state or local government that is authorized 
        by law to grant full powers of arrest and to charge a person 
        with the duties of preventing and detecting crime and enforcing 
        the general criminal laws of the state; and 
           (2) subject to the limitations in section 626.93, a law 
        enforcement agency of a federally recognized tribe, as defined 
        in United States Code, title 25, section 450b(e). 
           (i) "Professional peace officer education" means a 
        post-secondary degree program, or a nondegree program for 
        persons who already have a college degree, that is offered by a 
        college or university in Minnesota, designed for persons seeking 
        licensure as a peace officer, and approved by the board. 
           Presented to the governor March 24, 2000 
           Signed by the governor March 28, 2000, 2:34 p.m.