Minnesota Session Laws - 2020, 3rd Special Session

CHAPTER 2--H.F.No. 2

An act

relating to public safety; delaying the effective date of the first meeting of the Ensuring Police Excellence and Improving Community Relations Advisory Council; delaying the effective dates of certain training requirements for peace officers; amending an appropriation to the Peace Officer Standards and Training Board to permit the hiring of staff;

amending Minnesota Statutes 2018, sections 626.8457, subdivision 3, as amended; 626.8469, subdivision 1, as amended; Laws 2020, Second Special Session chapter 1, sections 15, subdivision 4; 22, subdivision 2; 35.

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

Section 1.

Minnesota Statutes 2018, section 626.8457, subdivision 3, as amended by Laws 2020, Second Special Session chapter 1, section 20, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement officer shall report annually to the board summary data regarding the investigation and disposition of cases involving alleged misconduct, indicating the total number of investigations, the total number by each subject matter, the number dismissed as unfounded, and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning deleted text begin January 15 deleted text end new text begin July 1 new text end , 2021, a chief law enforcement officer, in real time, must submit individual peace officer data classified as public and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory Council in accomplishing the council's duties; and

(3) allow for the board, the Ensuring Police Excellence and Improving Community Relations Advisory Council, and the board's complaint investigation committee to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary data provided under paragraph (b). The board must post the report on its publicly accessible website and provide a copy to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 626.8469, subdivision 1, as amended by Laws 2020, Second Special Session chapter 1, section 21, subdivision 1, is amended to read:

Subdivision 1.

In-service training required.

new text begin (a) new text end 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; deleted text begin ensuring safer interactions between peace officers and persons with autism; deleted text end 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 deleted text begin , deleted text end new text begin and new text end shall meet board requirements for board-approved continuing education credit deleted text begin , and shall be provided by an approved entity. The board shall create a list of approved entities and training courses and make the list available to the chief law enforcement officer of every state and local law enforcement agency. Crisis intervention and mental illness crisis training shall meet the standards in subdivision 1a deleted text end . The training shall consist of at least 16 continuing education credits deleted text begin with a minimum of six hours for crisis intervention and mental illness crisis training and four hours to ensure safer interactions between peace officers and persons with autism deleted text end 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 (b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided by an approved entity. The board shall create a list of approved entities and training courses and make the list available to the chief law enforcement officer of every state and local law enforcement agency. Each peace officer (1) with a license renewal date before June 30, 2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021, is not required to receive this training by an approved entity until the officer's next full three-year licensing cycle. new text end

new text begin (c) For every peace officer and part-time peace officer with a license renewal date of June 30, 2022, or later, the training mandated under paragraph (a) must: new text end

new text begin (1) include a minimum of six hours for crisis intervention and mental illness crisis training that meets the standards established in subdivision 1a; and new text end

new text begin (2) include a minimum of four hours to ensure safer interactions between peace officers and persons with autism in compliance with section 626.8474. 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

Sec. 3.

Laws 2020, Second Special Session chapter 1, section 15, subdivision 4, is amended to read:

Subd. 4.

Meetings.

The council must meet at least quarterly. Meetings of the council are governed by chapter 13D. The executive director of the Peace Officer Standards and Training Board shall convene the council's first meeting, which must occur by deleted text begin September 1 deleted text end new text begin October 15 new text end , 2020.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Laws 2020, Second Special Session chapter 1, section 22, subdivision 2, is amended to read:

Subd. 2.

Preservice training required.

(a) The learning objectives developed pursuant to subdivision 1 must be included in the required curriculum of professional peace officer educational programs.

(b) A person is not eligible to take the peace officer licensing examination after July 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , unless the individual has received the training described in paragraph (a).

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Laws 2020, Second Special Session chapter 1, section 35, is amended to read:

Sec. 35.

APPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND MENTAL ILLNESS CRISIS TRAINING.

$145,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer Standards and Training Board to deleted text begin reimburse law enforcement agency crisis intervention and mental illness crisis training expenses for training that is provided by approved entities according to deleted text end new text begin staff and meet the requirements of new text end Minnesota Statutes, section 626.8469 deleted text begin , subdivision 1a deleted text end . The base for this appropriation is $137,000 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

Presented to the governor August 12, 2020

Signed by the governor August 14, 2020, 9:53 a.m.