HF 2965

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 04/12/2010 11:25am

A bill for an act
relating to public safety; establishing a certification process for multijurisdictional
gang and drug task forces; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008,
section 299A.641.

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

Section 1.

new text begin [299A.642] VIOLENT CRIME COORDINATING COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Coordinating council established. new text end

new text begin The Violent Crime Coordinating
Council is established to provide guidance related to the investigation and prosecution of
gang and drug crime. For the purposes of this section, "gang and drug crime" includes
violent crimes associated with gang activity.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The coordinating council shall consist of the following
individuals or their designees:
new text end

new text begin (1) the director of the Office of Special Investigations as the representative of the
commissioner of corrections;
new text end

new text begin (2) the superintendent of the Bureau of Criminal Apprehension as the representative
of the commissioner of public safety;
new text end

new text begin (3) the attorney general;
new text end

new text begin (4) two chiefs of police, selected by the Minnesota Chiefs of Police Association,
one who must work in the seven-county metropolitan area and one who must work in
greater Minnesota;
new text end

new text begin (5) two sheriffs, selected by the Minnesota Sheriffs Association, one who must work
in the seven-county metropolitan area and one who must work in greater Minnesota;
new text end

new text begin (6) the United States attorney for the district of Minnesota;
new text end

new text begin (7) two county attorneys, selected by the Minnesota County Attorneys Association,
one who must work in the seven-county metropolitan area and one who must work in
greater Minnesota;
new text end

new text begin (8) two public defenders, selected by the Board of Public Defense, one who must
work in the seven-county metropolitan area and one who must work in greater Minnesota;
new text end

new text begin (9) two citizen members appointed by the commissioner of public safety in
consultation with representatives from the councils of color created in sections 3.922,
3.9223, 3.9225, and 3.9226; and
new text end

new text begin (10) a tribal peace officer, selected by the commissioner of public safety, in
consultation with the Minnesota Indian Affairs Council.
new text end

new text begin The coordinating council shall adopt procedures to govern its conduct as necessary
and shall select a chair from among its members. The chair shall serve a two-year term
and the appointment of the chair shall alternate between a person who works in greater
Minnesota and a person who works in the seven-county metropolitan area.
new text end

new text begin Subd. 3. new text end

new text begin Coordinating council's duties. new text end

new text begin The coordinating council shall develop an
overall strategy to ameliorate the harm caused to the public by gang and drug crime within
the state of Minnesota. Additionally, the coordinating council shall:
new text end

new text begin (1) subject to approval by the commissioner of public safety, develop an operating
procedures and policies manual to investigate gang and drug crime in a multijurisdictional
manner;
new text end

new text begin (2) identify and recommend a candidate or candidates for statewide coordinator to
the commissioner of public safety;
new text end

new text begin (3) establish multijurisdictional violent crime enforcement teams to combat gang
and drug crime;
new text end

new text begin (4) assist the Department of Public Safety in developing grant eligibility criteria and
operating an objective and conflict-free grant review application process;
new text end

new text begin (5) make recommendations to the commissioner of public safety to terminate grant
funding for multijurisdictional entities if an entity no longer operates in accordance with
guidelines established under subdivision 4, or no longer functions in a manner consistent
with the best interests of the state or public;
new text end

new text begin (6) assist in developing a process to collect and share information to improve the
investigation and prosecution of gang and drug offenses;
new text end

new text begin (7) develop and approve an operational budget for the coordinating council; and
new text end

new text begin (8) subject to approval by the commissioner of public safety, adopt narrowly
tailored, objective criteria and identifying characteristics for use in determining whether
individuals are or may be members of gangs involved in criminal activity. The council
shall review and update the criteria and characteristics adopted under this clause every two
years with the objective to ensure effectiveness and relevance to the accurate identification
of subjects actively involved in criminal gang activity. As part of its review process, the
council shall obtain input from members of communities that are impacted by criminal
gang activity. Before adopting any changes under this clause, the council must submit its
recommendations to the commissioner of public safety for approval.
new text end

new text begin Subd. 4. new text end

new text begin Duties and authority of commissioner. new text end

new text begin (a) By September 1, 2010,
the commissioner of public safety shall establish guidelines for the certification of
multijurisdictional entities, and their designated fiscal agents, that are established pursuant
to this section and receive grant funding under subdivision 9. The guidelines shall require
that all multijurisdictional entities:
new text end

new text begin (1) be subject to the operational command and supervision of one of the participating
agencies;
new text end

new text begin (2) be subject to an operational and financial audit conducted annually by an outside,
independent entity; and
new text end

new text begin (3) have adequate staffing and funding to support law enforcement, prosecutorial, and
financial operations, including bookkeeping, evidence handling, and inventory recording.
new text end

new text begin (b) A multijurisdictional entity, and its designated fiscal agent, may not operate
unless they meet the guidelines established by, and are annually certified by, the
commissioner of public safety. If, at any time, the commissioner revokes an entity's or
fiscal agent's certification, the commissioner may order any or all of the following:
new text end

new text begin (1) dissolution of the entity, its governing boards, or both;
new text end

new text begin (2) transfer of duties of the entity, its governing boards, or both, to the Department of
Public Safety; and
new text end

new text begin (3) any other actions deemed necessary by the commissioner.
new text end

new text begin Notwithstanding any action taken by the commissioner, any outstanding obligations
or liabilities of the entity remain with the entity and the parties to the agreement and
do not transfer.
new text end

new text begin (c) Except as provided in section 2, a multijurisdictional entity that is operating
on the effective date of this section shall have six months from the date guidelines are
established under paragraph (a) to be certified under this section.
new text end

new text begin Subd. 5. new text end

new text begin Statewide coordinator. new text end

new text begin The commissioner of public safety shall appoint a
statewide coordinator. The coordinator serving in the unclassified service shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional gang and drug enforcement
activities;
new text end

new text begin (2) facilitate local efforts and ensure statewide coordination with efforts to combat
gang and drug crime;
new text end

new text begin (3) facilitate training for personnel;
new text end

new text begin (4) monitor compliance with investigative protocols; and
new text end

new text begin (5) review annual audits conducted under subdivision 4, take corrective actions
based on audit results, and submit a summary report of the audits and any corrective
actions to the commissioner of public safety.
new text end

new text begin Subd. 6. new text end

new text begin Participating officers; employment status. new text end

new text begin All participating law
enforcement officers must be licensed peace officers as defined in section 626.84,
subdivision 1, or qualified federal law enforcement officers as defined in section 626.8453.
Participating officers remain employees of the same entity that employed them before
joining any multijurisdictional entity established under this section. Participating
officers are not employees of the state. Participating officers shall be subject to annual
performance reviews conducted by the entity's governing board.
new text end

new text begin Subd. 7. new text end

new text begin Jurisdiction and powers. new text end

new text begin Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of arrest as those possessed by
a sheriff.
new text end

new text begin Subd. 8. new text end

new text begin Evidence handling. new text end

new text begin A multijurisdictional entity established pursuant to
this section shall process all evidence through the standard evidence handling procedures
established by the participating agencies.
new text end

new text begin Subd. 9. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public safety may make grants
to state and local units of government to combat gang and drug crime. When awarding
grants, the commissioner shall consider appropriating grants under this section to fund
community-based gang intervention and prevention efforts for youth.
new text end

new text begin Subd. 10. new text end

new text begin Coordinating council is permanent. new text end

new text begin Notwithstanding section 15.059,
this section does not expire.
new text end

new text begin Subd. 11. new text end

new text begin Governing board; prosecutor's role. new text end

new text begin (a) A multijurisdictional entity
established under this section shall create a governing board consisting of the chief law
enforcement officer, or designee, from each participating agency, a prosecutor from one of
the participating agencies, and up to three additional members selected by the governing
board. A governing board shall have no less than six members.
new text end

new text begin (b) The prosecutor on the governing board shall ensure adequate training is provided
for officers assigned to a multijurisdictional entity in order to increase successful
prosecutions.
new text end

new text begin Subd. 12. new text end

new text begin Funding. new text end

new text begin Participating agencies may accept lawful grants or contributions
from any federal source or legal business or entity.
new text end

new text begin Subd. 13. new text end

new text begin Role of attorney general. new text end

new text begin The attorney general or a designee shall
generally advise on any matters that the coordinating council deems appropriate.
new text end

new text begin Subd. 14. new text end

new text begin Attorney general; community liaison. new text end

new text begin (a) The attorney general or
a designee shall serve as a liaison between the coordinating council and the councils of
color created in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
designee will be responsible for:
new text end

new text begin (1) informing the councils of color of the plans, activities, and decisions and hearing
their reactions to those plans, activities, and decisions; and
new text end

new text begin (2) providing the coordinating council with the position of the councils of color on
the coordinating council's plan, activities, and decisions.
new text end

new text begin (b) In no event is the coordinating council required to disclose the names of
individuals identified by it to the councils of color referenced in this subdivision.
new text end

new text begin Subd. 15. new text end

new text begin Required reports. new text end

new text begin By February 1 of each year, the commissioner of
public safety shall submit the following reports to the chairs of the senate and house
of representatives committees and divisions having jurisdiction over criminal justice
policy and funding:
new text end

new text begin (1) a report containing a summary of all audits conducted on multijurisdictional
entities under subdivision 4; and
new text end

new text begin (2) a report on the activities and goals of the coordinating council.
new text end

Sec. 2. new text begin MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES.
new text end

new text begin A joint powers entity established pursuant to Minnesota Statutes, section 299A.641,
before the effective date of this section that included as parties to the joint powers
agreement two counties with a population over 500,000 each is dissolved and any
governing or advisory board established by the terms of the agreement is also dissolved.
All current and future obligations and liabilities of the joint powers entity remain with the
parties to the agreement and do not transfer to the state.
new text end

new text begin For purposes of this section, "population" means the most recent population estimate
made by the state demographer under Minnesota Statutes, section 4A.02.
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. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2011 from the general fund to the commissioner
of public safety for grants to multijurisdictional entities for conducting audits required
under Minnesota Statutes, section 299A.642, subdivision 4, paragraph (a).
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 299A.641, new text end new text begin is repealed.
new text end