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Office of the Revisor of Statutes

299A.641 GANG AND DRUG OVERSIGHT COUNCIL.
    Subdivision 1. Oversight council established. The Gang and Drug Oversight Council is
established to provide guidance related to the investigation and prosecution of gang and drug
crime.
    Subd. 2. Membership. The oversight council shall consist of the following individuals or
their designees:
(1) the director of the office of special investigations as the representative of the
commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension as the representative of
the commissioner of public safety;
(3) the attorney general;
(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, two of
which must be selected from cities with populations greater than 200,000;
(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each district,
two of which must be selected from counties with populations greater than 500,000;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County Attorneys Association;
(8) a command-level representative of a gang strike force;
(9) a representative from a drug task force, selected by the Minnesota State Association
of Narcotics Investigators;
(10) a representative from the United States Drug Enforcement Administration;
(11) a representative from the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from the Federal Bureau of Investigation;
(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement Association;
and
(14) two additional members who may be selected by the oversight council.
The oversight council may adopt procedures to govern its conduct as necessary and may select
a chair from among its members.
    Subd. 3. Oversight council's duties. The oversight council shall develop an overall strategy
to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota.
This strategy may include the development of protocols and procedures to investigate gang
and drug crime and a structure for best addressing these issues in a multijurisdictional manner.
Additionally, the oversight council shall:
(1) identify and recommend a candidate or candidates for statewide coordinator to the
commissioner of public safety;
(2) establish multijurisdictional task forces and strike forces to combat gang and drug crime,
to include a metro gang strike force and a gang strike force located in the St. Cloud metropolitan
area;
(3) assist the Department of Public Safety in developing an objective grant review application
process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on grants to support
efforts to combat gang and drug crime;
(5) assist in developing a process to collect and share information to improve the
investigation and prosecution of drug offenses;
(6) develop and approve an operational budget for the office of the statewide coordinator and
the oversight council; and
(7) adopt criteria and identifying characteristics for use in determining whether individuals
are or may be members of gangs involved in criminal activity.
    Subd. 4. Statewide coordinator. The current gang strike force commander shall serve as a
transition coordinator until July 1, 2006, at which time the commissioner of public safety shall
appoint a statewide coordinator as recommended by the oversight council. The coordinator
serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang and drug enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat gang
and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) implement an outcome evaluation and data quality control process.
    Subd. 5. Participating officers; employment status. 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.
    Subd. 6. Jurisdiction and powers. 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.
    Subd. 7. Grants authorized. The commissioner of public safety, upon recommendation of
the council, may make grants to state and local units of government to combat gang and drug
crime.
    Subd. 8. Oversight council is permanent. Notwithstanding section 15.059, this section
does not expire.
    Subd. 9. Funding. Participating agencies may accept lawful grants or contributions from
any federal source or legal business or entity.
    Subd. 10. Role of attorney general. The attorney general or a designee shall generally
advise on any matters that the oversight council deems appropriate.
    Subd. 11. Attorney general; community liaison. (a) The attorney general or a designee
shall serve as a liaison between the oversight council and the councils created in sections 3.922,
3.9223, 3.9225, and 3.9226. The attorney general or designee will be responsible for:
(1) informing the councils of the plans, activities, and decisions and hearing their reactions
to those plans, activities, and decisions; and
(2) providing the oversight council with the councils' position on the oversight council's
plan, activities, and decisions.
(b) In no event is the oversight council required to disclose the names of individuals
identified by it to the councils referenced in this subdivision.
(c) Nothing in this subdivision changes the data classification of any data held by the
oversight council.
    Subd. 12. Required report. By February 1 of each year, the council shall report to the
chairs of the senate and house of representatives committees and divisions having jurisdiction
over criminal justice policy and funding on the activities of the council and any strike or task
forces. This annual report shall include:
(1) a description of the council's goals for the previous year and for the coming year;
(2) a description of the outcomes the council achieved or did not achieve during the preceding
year and a description of the outcomes the council will seek to achieve during the coming year; and
(3) any legislative recommendations the council has including, where necessary, a description
of the specific legislation needed to implement the recommendations.
History: 2005 c 136 art 11 s 4; 2006 c 282 art 13 s 7