2006 Minnesota Statutes

299C.091 CRIMINAL GANG INVESTIGATIVE DATA SYSTEM.
    Subdivision 1. Establishment. The bureau shall administer and maintain a computerized
criminal gang investigative data system for the purpose of assisting criminal justice agencies in
the investigation and prosecution of criminal activity by gang members. The system consists of
data on individuals whom law enforcement agencies determine are or may be engaged in criminal
gang activity. Notwithstanding section 260B.171, subdivision 5, data on adults and juveniles in
the system and data documenting an entry in the system may be maintained together. Data in the
system must be submitted and maintained as provided in this section.
    Subd. 2. Entry of data into system. (a) A law enforcement agency may submit data
on an individual to the criminal gang investigative data system only if the agency obtains and
maintains the documentation required under this subdivision. Documentation may include data
obtained from other criminal justice agencies, provided that a record of all of the documentation
required under paragraph (b) is maintained by the agency that submits the data to the bureau.
Data maintained by a law enforcement agency to document an entry in the system are confidential
data on individuals as defined in section 13.02, subdivision 3, but may be released to criminal
justice agencies.
(b) A law enforcement agency may submit data on an individual to the bureau for inclusion
in the system if the individual is 14 years of age or older and the agency has documented that:
(1) the individual has met at least three of the criteria or identifying characteristics of gang
membership developed by the Gang and Drug Oversight Council under section 299A.641,
subdivision 3, clause (7), as required by the council; and
(2) the individual has been convicted of a gross misdemeanor or felony or has been
adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross
misdemeanor or felony if committed by an adult.
    Subd. 3. Classification of data in system. Data in the criminal gang investigative data
system are confidential data on individuals as defined in section 13.02, subdivision 3, but are
accessible to law enforcement agencies and may be released to the criminal justice agencies.
    Subd. 4. Audit of data submitted to system. The bureau shall conduct periodic random
audits of data under subdivision 2 that documents inclusion of an individual in the criminal gang
investigative data system for the purpose of determining the validity, completeness, and accuracy
of data submitted to the system. The bureau has access to the documenting data for purposes of
conducting an audit.
    Subd. 5. Removal of data from system. Notwithstanding section 138.17, the bureau shall
destroy data entered into the system when three years have elapsed since the data were entered into
the system, except as otherwise provided in this subdivision. If the bureau has information that the
individual has been convicted as an adult, or has been adjudicated or has a stayed adjudication as
a juvenile for an offense that would be a crime if committed by an adult, since entry of the data
into the system, the data must be maintained until three years have elapsed since the last record of
a conviction or adjudication or stayed adjudication of the individual. Upon request of the law
enforcement agency that submitted data to the system, the bureau shall destroy the data regardless
of whether three years have elapsed since the data were entered into the system.
History: 1997 c 239 art 8 s 12; 1999 c 139 art 4 s 2; 2006 c 212 art 1 s 16