2015 Minnesota Statutes

626.8471 AVOIDING RACIAL Next Previous PROFILING Next ; POLICIES AND LEARNING OBJECTIVES REQUIRED.

Subdivision 1.Purpose.

The legislature finds that the reality or public perception of Previous racial Next Previous profiling Next alienates people from police, hinders community policing efforts, and causes Previous law Next Previous enforcement Next to lose credibility and trust among the people Previous law Next Previous enforcement Next is sworn to protect and serve. No stop initiated by a peace officer should be made without a legitimate reason; race, ethnicity, or national origin alone should never provide a sufficient reason. Previous Law Next Previous enforcement Next policies and training programs must emphasize the need to respect the balance between the rights of all persons to be free from unreasonable governmental intrusions and Previous law Next Previous enforcement Next 's need to enforce the Previous law Next .

Subd. 2.Definition.

" Previous Racial Next Previous profiling Next " means any action initiated by Previous law Next Previous enforcement Next that relies upon the race, ethnicity, or national origin of an individual rather than:

(1) the behavior of that individual; or

(2) information that leads Previous law Next Previous enforcement Next to a particular individual who has been identified as being engaged in or having been engaged in criminal activity.

Previous Racial Next Previous profiling Next includes use of Previous racial Next or ethnic stereotypes as factors in selecting whom to stop and search. Previous Racial Next Previous profiling Next does not include Previous law Next Previous enforcement Next 's use of race or ethnicity to determine whether a person matches a specific description of a particular subject.

Subd. 3.Statewide model policy.

(a) The Board of Peace Officer Standards and Training shall consult with the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, the Previous Racial Next Previous Profiling Next Advisory Committee, and the Minnesota Police and Peace Officers Association in developing an antiracial Previous profiling Next model policy governing the conduct of peace officers engaged in stops of citizens. This policy shall define Previous racial Next Previous profiling Next and identify conduct that violates the Previous law Next . The policy must also include a duty to give the officer's name or badge number and identify the officer's department during routine traffic stops.

(b) The board shall adopt a model policy and distribute the model policy to all chief Previous law Next Previous enforcement Next officers by August 1, 2001.

Subd. 4.Agency policies required.

(a) By November 1, 2001, the chief Previous law Next Previous enforcement Next officer of every state and local Previous law Next Previous enforcement Next agency must establish and enforce a written antiracial Previous profiling Next policy governing the conduct of peace officers engaged in stops of citizens. The chief Previous law Next Previous enforcement Next officer shall ensure that each peace officer receives a copy of the agency's antiracial Previous profiling Next policy. The chief Previous law Next Previous enforcement Next officer also must ensure that each peace officer is aware of the policy's purpose and the conduct prohibited by it.

(b) The policy must, at a minimum, comply with the requirements of the model policy adopted by the board under subdivision 3.

(c) Every state and local Previous law Next Previous enforcement Next agency must certify to the board that it has adopted a written policy in compliance with the board's model policy.

(d) The board shall assist the chief Previous law Next Previous enforcement Next officer of each state and local Previous law Next Previous enforcement Next agency in developing and implementing antiracial Previous profiling Next policies under this subdivision.

Subd. 5.Preservice training learning objectives; requirements.

(a) By August 1, 2001, the board shall prepare learning objectives for preservice training to instruct peace officers in avoiding Previous racial Next Previous profiling Next when making stops of citizens. These learning objectives shall be included in the required curriculum of professional peace officer education programs.

(b) An individual is not eligible to take the peace officer licensing examination or the part-time peace officer licensing examination on or after June 1, 2002, unless:

(1) the individual has received the training described in paragraph (a); and

(2) the individual has completed a psychological evaluation demonstrating that the individual is not likely to engage in Previous racial Next Previous profiling Next .

Subd. 6.In-service training learning objectives.

By August 1, 2001, the board shall prepare learning objectives for in-service training to instruct peace officers in avoiding Previous racial Next Previous profiling Next when making stops of citizens. The board shall evaluate and monitor in-service training courses to ensure they satisfy the learning objectives.

Subd. 7.Chief Previous law Next Previous enforcement Next officers and supervisors; requirements.

The executive director of the Board of Peace Officer Standards and Training shall prepare training materials to provide chief Previous law Next Previous enforcement Next officers and other peace officers with supervisory authority with information on how to detect and respond to Previous racial Next Previous profiling Next by peace officers under their command. The training materials must address both the agency's antiracial Previous profiling Next policy and procedural components aimed at eliminating Previous racial Next Previous profiling Next in stops of citizens. The materials must include information on federal and state constitutional and statutory laws prohibiting discrimination by Previous law Next Previous enforcement. The procedural information must describe conduct that is unlawful or inappropriate and present guidelines for reinforcing techniques that are lawful and appropriate. The procedural information shall discuss appropriate search and seizure and interviewing techniques.

Subd. 8.POST board; compliance reviews authorized.

The board has authority to inspect state and local agency policies to ensure compliance with subdivision 4. The board may conduct this inspection based upon a complaint it receives about a particular agency or through a random selection process.

History:

1Sp2001 c 8 art 7 s 3