Violent Crime Coordinating Council

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CHAPTER 383–S.F.No. 2725
An act
relating to public safety; establishing a certification process for
multijurisdictional gang and drug task forces; establishing a Violent Crime
Coordinating Council; modifying criminal gang investigative data system audit
requirements; delineating uses of data in the comprehensive incident-based
reporting system; providing for application of forfeiture requirements;
establishing a work group;amending Minnesota Statutes 2008, sections
299C.091, subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1;
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.[299A.642] VIOLENT CRIME COORDINATING COUNCIL.
Subdivision 1.Coordinating council established.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.
Subd. 2.Membership.The coordinating 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) four chiefs of police, selected by the Minnesota Chiefs of Police Association,
of which one must be employed by the city of Minneapolis, one must be employed by
the city of St. Paul, one must be employed by a municipality located in the seven-county
metropolitan area excluding Minneapolis and St. Paul, and one must be employed in
greater Minnesota;
(5) four sheriffs, selected by the Minnesota Sheriffs’ Association, of which, one must
work in Hennepin County, one must work in Ramsey County, one must work in Anoka,
Carver, Dakota, Scott, or Washington county, and one must work in greater Minnesota;
(6) the United States attorney for the district of Minnesota;
(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;
(8) four citizen members appointed by the commissioner of public safety in
consultation with representatives from the councils created in sections 3.922, 3.9223,
3.9225, and 3.9226; and
(9) a tribal peace officer, selected by the commissioner of public safety, in
consultation with the Minnesota Indian Affairs Council.
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.
Subd. 3.Coordinating council’s duties.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:
(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;
(2) identify and recommend a candidate or candidates for statewide coordinator to
the commissioner of public safety;
(3) assist the Department of Public Safety in developing grant eligibility criteria and
operating an objective and conflict-free grant review application process;
(4) make recommendations to the commissioner of public safety to terminate grant
funding for multijurisdictional entities if an entity no longer operates in accordance with
subdivision 4, or no longer functions in a manner consistent with the best interests of
the state or public;
(5) assist in developing a process to collect and share information to improve the
investigation and prosecution of gang and drug offenses;
(6) develop and approve an operational budget for the coordinating council;
(7) develop policies that prohibit the improper use of personal characteristics such as
race, color, national origin, gender, or religion to target individuals for law enforcement
action, prosecution, or forfeiture action; and
(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.
Subd. 4.Duties and authority of commissioner.(a) The commissioner of public
safety shall certify multijurisdictional entities, and their designated fiscal agents, that are
established pursuant to this section to combat gang and drug crime and receive grant
funding under subdivision 9. To certify an entity and its designated fiscal agent, the
commissioner shall require that a multijurisdictional entity:
(1) be subject to the operational command and supervision of one of the participating
agencies;
(2) be subject to a biennial operational and financial audit contracted out to an
external organization not associated with the multijurisdictional entity and designed to
ensure that the entity and its designated fiscal agent are in compliance with applicable
legal requirements, proper law enforcement standards and practices, and effective
financial controls;
(3) have adequate staffing and funding to support law enforcement, prosecutorial,
and financial operations, including bookkeeping, evidence handling, and inventory
recording; and
(4) be subject to any other conditions the commissioner deems necessary to carry
out the purposes of this section.
The commissioner may use grant funds authorized under subdivision 9 to pay for
costs incurred in conducting audits under clause (2).
(b) A multijurisdictional entity, and its designated fiscal agent, must be certified
annually by the commissioner and may not operate under this section unless it is certified.
If the commissioner revokes an entity’s or fiscal agent’s certification, the commissioner
may order, for purposes relating to this section, any or all of the following:
(1) dissolution of the entity, its governing boards, or both;
(2) transfer of duties of the entity, its governing boards, or both, to the Department of
Public Safety; and
(3) any other action deemed necessary by the commissioner.
Notwithstanding any action taken by the commissioner, any outstanding obligations or
liabilities of the entity remain with the entity and the parties of the agreement and do
not transfer.
(c) An agreement entered into pursuant to section 471.59 and this section shall
provide that the parties to the agreement are subject to the provisions in this subdivision
and shall provide for the disposition of property and allocation of obligations upon
voluntary or mandated dissolution of the entity or upon termination of the agreement.
(d) Except as provided in section 5, a multijurisdictional entity that is operating on
the effective date of this section pursuant to section 299A.641 shall have until December
31, 2010, to be certified under this section.
Subd. 5.Statewide coordinator.The commissioner of public safety shall appoint a
statewide coordinator. 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) review 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.
Subd. 6.Participating officers; employment status.All participating law
enforcement officers must be licensed peace officers as defined in section626.84,
subdivision 1, or qualified federal law enforcement officers as defined in section626.8453.
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 operational supervisor.
Subd. 7.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. 8.Evidence handling.A multijurisdictional entity established pursuant
to this section shall process all seized cash, physical assets, and evidence through the
standard evidence handling procedures established by the participating agencies.
Subd. 9.Grants authorized.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 awarding grants under this section to fund
community-based gang intervention and prevention efforts for youth.
Subd. 10.Coordinating council is permanent.Notwithstanding section15.059,
this section does not expire.
Subd. 11.Governing board; prosecutor’s role.(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.
(b) The prosecutor on the governing board shall have the following responsibilities:
(1) to recommend to the governing board the nature and frequency of training for
officers assigned to a multijurisdictional entity in order to increase successful prosecutions;
(2) to advise on the lawful handling and processing of seized property and evidence
and forfeited property and money; and
(3) to ensure that seizures and forfeitures are reported in accordance with section
609.5315, subdivision 6.
Subd. 12.Funding.Participating agencies may accept lawful grants or contributions
from any federal source or legal business or entity.
Subd. 13.Role of attorney general.The attorney general or a designee shall
generally advise on any matters that the coordinating council deems appropriate.
Subd. 14.Attorney general; community liaison.(a) The attorney general or
a designee shall serve as a liaison between the coordinating council and the councils
created in sections3.922,3.9223,3.9225, and3.9226. 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 coordinating council with the position of the councils on the
coordinating council’s plan, activities, and decisions.
(b) In no event is the coordinating 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 coordinating council.
Subd. 15.Required reports.By February 1 of each year, the commissioner
of public safety shall submit the following reports to the chairs and ranking minority
members of the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding:
(1) a report containing a summary of all audits conducted on multijurisdictional
entities under subdivision 4;
(2) a report on the results of audits conducted on data submitted to the criminal gang
investigative data system under section 299C.091; and
(3) a report on the activities and goals of the coordinating council.

Sec. 2. Minnesota Statutes 2008, section 299C.091, subdivision 4, is amended to read:
Subd. 4.Audit of data submitted to system; reports.(a) At least once every three
years,the bureau shall conductrandom audits of data under subdivision 2 that
documents inclusion of an individual in, and removal of an individual from,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.By October 1 of each year, the bureau shall
submit a report on the results of the audits to the commissioner of public safety.
(b) If any audit requirements under federal rule or statute overlap with requirements
in paragraph (a), the audit required by paragraph (a) may be done in conjunction with the
federal audit to the extent they overlap. Nothing in this paragraph shall be construed to
eliminate any audit requirements specified in this subdivision.

Sec. 3. Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:
Subd. 2.Purpose.CIBRS is a statewide system containing data from law
enforcement agencies. Data in CIBRS must be made available to law enforcement
agenciesto:
(1)prepare a case against a person, whether known or unknown, for the commission
of a crime or other offense for which the agency has investigative authority;
(2) serve process in a criminal case;
(3) inform law enforcement officers of possible safety issues before service of
process;
(4) enforce no contact orders;
(5) locate missing persons;or
(6) conductbackground investigations required by section626.87.

Sec. 4. Minnesota Statutes 2008, section 609.531, subdivision 1, is amended to read:
Subdivision 1.Definitions.For the purpose of sections609.531to609.5318, the
following terms have the meanings given them.
(a) “Conveyance device” means a device used for transportation and includes, but
is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term “conveyance device” does not include property which
is, in fact, itself stolen or taken in violation of the law.
(b) “Weapon used” means a dangerous weapon as defined under section609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) “Property” means property as defined in section609.52, subdivision 1, clause (1).
(d) “Contraband” means property which is illegal to possess under Minnesota law.
(e) “Appropriate agency” means the Bureau of Criminal Apprehension, the
Department of Commerce Division of Insurance Fraud Prevention, the Minnesota
Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff’s
department, the Three Rivers Park District park rangers, the Department of Natural
Resources Division of Enforcement, the University of Minnesota Police Department, the
Department of Corrections Fugitive Apprehension Unit,a city, metropolitan transit,
or airport police department; or a multijurisdictional entity established under section
299A.642 or 299A.681.
(f) “Designated offense” includes:
(1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
(2) for driver’s license or identification card transactions: any violation of section
171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or
conspiracy to violate, section325E.17;325E.18;609.185;609.19;609.195;609.21;
609.221;609.222;609.223;609.2231;609.24;609.245;609.25;609.255;609.282;
609.283;609.322;609.342, subdivision 1, clauses (a) to (f);609.343, subdivision 1,
clauses (a) to (f);609.344, subdivision 1, clauses (a) to (e), and (h) to (j);609.345,
subdivision 1, clauses (a) to (e), and (h) to (j);609.352;609.42;609.425;609.466;
609.485;609.487;609.52;609.525;609.527;609.528;609.53;609.54;609.551;609.561;
609.562;609.563;609.582;609.59;609.595;609.611; 609.631;609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12;609.687;609.821;609.825;609.86;609.88;
609.89;609.893;609.895;617.246;617.247; or a gross misdemeanor or felony violation
of section609.891or624.7181; or any violation of section609.324.
(g) “Controlled substance” has the meaning given in section152.01, subdivision 4.

Sec. 5.MULTIJURISDICTIONAL GANG AND DRUG STRIKE FORCES.
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.
For purposes of this section, “population” means the most recent population estimate
made by the state demographer under Minnesota Statutes, section 4A.02.
EFFECTIVE DATE.This section is effective July 1, 2011.

Sec. 6.WORK GROUP.
(a) The superintendent of the Bureau of Criminal Apprehension shall convene
a work group of stakeholders and interested parties to: (1) discuss issues and laws
pertaining to criminal intelligence databases; and (2) make recommendations on proposed
legislative changes for the classification, storage, dissemination, and use of criminal
investigative data, including data from other states, and for guidelines governing usage
and collection of criminal investigative data held by law enforcement agencies. The work
group shall be chaired by a representative from the Bureau of Criminal Apprehension
and a representative from the Minnesota Coalition on Government Information. The
work group must include one representative from each of the following organizations:
the Minnesota Sheriffs’ Association; the Minnesota Chiefs of Police Association; the
Minnesota Police and Peace Officers Association; the American Civil Liberties Union
– Minnesota; the Minnesota Newspaper Association; the National Association for the
Advancement of Colored People; the councils created in Minnesota Statutes, sections
3.922, 3.9223, 3.9225, and 3.9226; the Board of Public Defense; the Minnesota County
Attorneys Association; and the Minnesota City Attorneys Association; and a citizen
member who is knowledgeable in data privacy issues. The work group must be balanced
between law enforcement and nonlaw enforcement representatives. The work group shall
not exceed 20 members, including chairs. In its discussions, the work group shall balance
public safety and privacy interests, state policy according to Minnesota Statutes, section
260B.002, oversight, minimization of discretion, and regulation of the collection of these
data, including the individualized criteria for inclusion in a computerized gang database.
(b) By February 1, 2011, the work group shall submit an executive summary
document to the chairs and ranking minority members of the committees of the senate and
house of representatives with jurisdiction over criminal justice and data practices issues.
The document must summarize the work group meetings and outline proposed legislative
changes to implement recommendations on which there is agreement. The Department of
Public Safety shall provide administrative support to the work group.

Sec. 7.REVISOR INSTRUCTION.
The revisor of statutes shall replace references to Minnesota Statutes, section
299A.641, in statutes and rules with a reference to Minnesota Statutes, section 299A.642,
and shall make any other changes to statutory cross-references as necessitated by this bill.

Sec. 8.REPEALER.
Minnesota Statutes 2008, section 299A.641,is repealed.
EFFECTIVE DATE.This section is effective December 31, 2010.
Presented to the governor May 18, 2010
Signed by the governor May 27, 2010, 10:42 a.m.