97-488Council File # ° E � — � �'�'
Green Sheet # S Q y�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
3�
1 WI�REAS, the Minnesota State Legislature is considering forming a Criminai Gang Council and Strike Force; and
2 WHEREAS, the Cruninal Gang Council will be collecting data on individuals in out community to determine gang
3 affiliation, and there is no criteria set forth for determnung what a gang or gang member is; now therefore be it
4 RESOLVED, that the administration present before council on Apri130, 1997 an analysis of the current legislation
5 and propose criteria that would appropriately identify those persons associated with gangs, while protecting the other
6 members of our community.
Requested by Department of:
Adoptio� fied by Council Secretary
B � `�- ��o�- - _
Approved by Mayor: Date �C� 1 I� �� 7'
By: �./L�
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
�
Adopted 6y Council: Date N__�.J� 3��
.7 � u F��
DEPAfl7MENT10FFlCElCOUNqL DATE iNfT1ASED —� /' • u v
GREEN SHEET No. 5 0 4 2
INff1Al! DAiE INfTIAUDA7E
CON�A PERSON & PHONE � DEPAFi7MEM DIHECfOfl O CfTY COUNqL
ea�em wn O«rr ArrawEV 0 cm a�a�c
MUST 6E ON COU L AGENDA BV (DA'f� flOUiHiG � BUD(iEf DIFiECTOfl � FlN. & M(iT. SEPVICES dR.
� � MAYOR (OR ASSISTANTI �
TOTAL S OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUH�
ACTION FEQUESTED:
D'uecting the adminishation to provide an analysis of ihe Criminal Gang Council and Strike Force Legislation.
RECOMMENDAiIONS: Appmee (A) a ReJect (F� CpUNqL CONMRTEE/RESEARCH FiEPOHT OPTIONAL
__ PIANPNNG COMMiS510N — qVIL SERYICE CYJMMISSION ANALYST PNONE NO.
_ qB COMMRTEE _
COMMENTS:
_ STAFF _
_ DISTRICT COURT _
SUPPORTS WHICH COUNqL O&IECTIVE?
INITIATING PROBLEM, ISSUE, OPPOR7UNRV (NTo, Whet, When, Where, Why):
ADVANTAGES IF APPROVED:
DISADVANTAGES IF APPROVED:
DISMVANTAGES IF NOT APPROVEO:
TOTAL AMOUNT OF TRANSACTION S COST/HEVENUE BUDGETED (CIRCLE ON� YES NO
FUNDING SOURCE ACTIVITV NUMBER
FlNANCIAL INFORMATION: (EXPWN)
Status of S.F. No. 1880 (1997f1998)
Status of S.F. No.1880 in Senate: SOth Legislative Session (1997-1998)
T�t of S.F. No. 1880
9'1 �l �'�'
Page 1 of 1
SF1880 I DATE 104/18/97 STATUS RN=97-3554 �
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SF 1880 1041�8/97�Introduction and first reading
104J08/97�Referred to Human Resources Finance
SUB ( ) 104f10J97�COmmittee xeport: To pass as amended
104j1Oj971Second reading SPP:
AUTHORS: �04I141971Special Order: Amended
Ke11y, R.C. j04I14/97�Third reading Passed 062-003
Ranum �04/lA/97�AUthor added Knutson
Neuville I I
Spear I I
Knutson I I
I I
SHORT DESCRIPTION � �
Omnibus criminal justice,� I
corxections and public I I
de£ense appropriations I I
SENATE INFORMATION
DATE UNOFFICIAL STATUS SF2880
OMNIBUS CRINIE PREVENTION AND JUDICIARY BILL
HUMAN RESOURCES FINANCE CONP�IITTEE
4/8/97 Meeting scheduled for 4 pm - Room 112, Capitol
4/8/97 Amended and recommended pass
Status of S.F. No. 1880 in House.
SF1880 I DATE 104/1�197 STATUS RN=97-3554 I
SF 1880
SUB (
AOTHORS:
Kelly, R.C.
Ranum
Neuville
Spear
Knutson
104j15/971Received from Senate
104/15/971Senate File first reading, referred to
I IJudiciary
I I
I I
I I
I I
I I
I
I I
I I
SHORT DESCRIPTION I I
Omnibus judiciary finance� f
and crime prevention I I
bill, and money I I
appropriated. I I
HOUSE INFORMATZON
DATE UNOFFICIAL ACTION HISTORY SF1880
4-17-97 - Judiciary CommiGtee; hearzng scheduled for 10:00 a.m., 10
State Office Building
Get Status for another bill.
http:l/www.revisor.leg.state.mn.us/cgi-bin/getstatus.pl?number=1880&body=senate&session=lsf4/21 /97
H.F No. 163, as introduced
Minn es+�ta �tate
KEY: ���� = old language to be removed
underscored = new language to be added
Page 1 of 4
��-�,�f
NOTB: If you cannot see any difference in the key above, you need to chang.e the displav of stricken
andior underscored language.
H.F No.163, as introduced: 80th Legislafive Session (1997-1948)
Authors and Status
l.l
1.2
1.3
1.4
1.5
1.6
1.7
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2.1
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2.5
2.6
2.7
2.8
2.9
2 . 10
2.11
2.12
2.13
2.14
2.15
2.16
A bill for an act
relating to crime prevention; creating a criminal ganq
council and strike force to develop and implement a
strategy to investigate and prosecute crimes committed
by criminal gangs throughout the state; authorizing
the council to make various grants; appropriating
money; proposing coding for new law in Minnesota
Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5ection l. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE
FORCE; GRANTS AUTHORIZED.]
http:((wwwsevisor.leg.state.mn.us(cgi-binlbldbi11.p1?bi11=H0163.0&session=1s80 4(21/97
H.F No. 163, as introduced
z.i�
2.18
2.19
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J.2Z
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H.F No. 163, as introduced
4.9 includinq, but not limit
4.10 prosecuting cases involv
4.11 witnesses, and cooperati
4.12 developing and building
4.13 approved by the council
4.14 (q) The assistant att
4.15 force, in addition to he
4.16 paragraph (f) and in car
4.17 in the policy after it i
4.18 generally advise the cou
�.19 deems appropriate.
4.2� Subd. 2. {STATEWIDE
4.21 of£icers who are members
4.22 statewide juxisdiction t
4.23 shall possess the same F
4.24 sheriff.
s in
s
as
JURISDICTION.]
strike
and
bv a
9.25 Subd. 3. [LIABILITY AND WORKERS' COMPENSATION.j While
4.26 operatinq under the scope of this section, members of the strike
4.27 force are "employees of the state"
4.28 and are considered employees of th
4.29 for purposes o£ chapter 176.
4.3Q Subd. 4. [REQUIRED REPORT.] By
4.31 the council shall report to the ch
4.32 of representatives committees or d
4.33 over criminal justice policV and f
4.34 the council and strike force.
4.35 Subd. 5. [REIMBURSEMENT GRANTS
9.36 may award grants to loca
5.1 attorney's and sheriff's
5.2 have contributed members
5.3 to replace those who hav
5_4 two-year period and reia
5.5 pexcent of the salary of
5.6 grant under this subdivi
5.7 person to replace the pe
5.8 thus, keeping its comple
5.9 The money may not be use
5.10 Subd. 6. [GRANTS TO
5.11 CRIMINAL GANGS.] (a) The
5.12 enforcement agencies anc
5.13 expand the aqency's or c
5.14 investiqate and prosecut
5.15 (b) Grant applicants
5.16 the council a detailed F
5.17 money wi11 be put. The
5.18 applications and award c
5.19 positive results. The c
5.20 necessary equipment and
5.21 if the council determine
5.22 recipient'S attempts to
5.23 require recipients of qr
5.24 council detailing the sti
5.25 criminal ganqs.
5.26 (c) The council shall
5.27 subdivision to require t
5.28 the council and the burE
5.29 and expanding a comprehe
5.30 and in implementing the
5.31 combat criminal gangs.
5.32 the council and bureau u
5.33 the activities and chara
5.34 members operating withir
5.35 Sec. 2. [ASSIGNMENT
5.36 AGBNTS TO STRIKE FORCE.]
rs
AOTHORIZED.] The council
cement agencies, county
nd other oraanizations that
rse the re
he departe�
on shall u
on who has
nt of empl
to pav for
or
Page 3 of 4
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H.F No. 163, as introduced
6.1 The superintendent of the bureau of criminal apprehen.
6.2 shall assiqn experienced aqents to the strike force desc:
6.3 section 1. These agents sha11 operate exclusively for t:
6.4 purposes listed in section 1 under the protocol develope�
6.5 criminal gang oversiqht council.
6.6 Sec. 3. [ASSIGNMENT OF ASSiSTANT ATTORNEY GENERAL TO
6.7 STRSKE FORCE.]
6.8 The attorney general shall assi
6.9 qeneral experienced in the prosecu
6.10 criminal qanqs to the strike force
6.11 attorney shall operate exclusively
6.12 section 1 under the protocol devel
6.13 oversiqht council.
6.14 Sec. 4. [APPRQPRIATIONS.]
6.15 Subdivision 1. [PUBLIC SAFETY.
6.16 from the qeneral fund to the commi
6.17 the biennium endinq June 30, 1999,
6.18 qang oversiqht council to be used
6.19 authorized in section 1, subdivisi
6.20 organization and operation of the
6.21 section 1. The council mav use pa
6.22 procure necessary equipment and pa
6.23 necessary by the council. However
6.24 minimize expenses related to equip
6.25 entities to contribute equipment a
6.26 force.
the
gn an assistant attorney
tion of crimes committed by
described in section 1. This
for the purposes listed in
oped by the criminal gang
] $....... is appropriated
ssioner of public safety for
for a grant to the criminal
by the council for the grants
ons 5 and 6, and to fund the
strike force described in
rt of this appropriation to
y other expenses deemed
, the council shall seek to
ment by encouraging local
nd other suoport to the strike
6.27 Subd. 2. [BUREAU OF CRTMINAL APPREHENSION.]
6.28 is appropriated from the general fund to the st
6.29 the bureau of criminal apprehensio
6.30 30, 1999, to hire new agents to re�
6.31 criminal gang strike force.
6.32 (b) $....... is appropriated fr
6.33 superintendent of the bureau of cr
6.34 biennium ending June 30, 1999, to
6.35 database of information regarding
6.36 characteristics o£ criminal qangs
7.1 the state.
7.2 Subd. 3. [ATTORNEY GENERAL.] $
7.3 the qeneral fund to the attorney g
7.4 June 30, 1999, to hire an assistan
7.5 the one assianed to the criminal a
a
ve
of
t
Page 4 of 4
�
http:!(www.revisor.leg.state.snn.uslcgi-binJbldbiil.pl?bi11=H0163.0&session=1s80 4121197
S.F No. 1880, 2nd Engrossment
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perpetrators.
Sec. 18. [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE
COORDINATING COUNCIL PILOT PROGE2AIK. ]
Subdivision 1. [PLANNING GRANTS FOR FOURTH JUDICIAL
�r Minnesota Statutes
Sections 1 to 19 are efPective 3uly l, 1997.
ARTICLE 3
CRIMINAL GANG PROVISIONS
Section l. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 90b. CCRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data
in the criminal qang investigative data sVstem are classiPied in
Page 25 of 115
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services to adult and child victims of domestic abuse and
perpetrators of domestic abuse;
S.F No. 1880, 2nd Engrossment
34.35
34.36
35.1
35.2
35.3
35.4
35.5
35.6
35.7
35.8
35.9
35.10
35.11
35.12
35.13
35.14
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35.17
35.18
35.19
35.20
35.21
35.22
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35.26
35.27
35.28
35.29
35.30
35.31
35.32
35.33
35.34
35.35
35.36
36.1
36.2
36.3
36.4
36.5
36.6
36.7
36.8
36.9
36.10
36_11
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36.13
36.14
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36.16
36.17
36.18
36.19
36.20
36.21
36.22
36.23
36.24
36.25
36.26
Page 26 of 115
section 299C.091.
Sec. 2. Minnesota Statutes 1996, section 260.161,
subdivision 1, is amended to xead:
Subdivision L [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Excepti as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and sha11 release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes o£
sentencing, or to an adult courL or juvenile court as required
by the right o£ confrontation oP either trie United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involvinq the
particular child. The court also may grovide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies,"probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999, juvenile court delinquency proceeding records of
adiudications, court transcriots, and delino'uencv r�etitions,
mental health reports may not be inclucfefl with those recorfls.
The records have the same data classification in the hands of
the agency receiving them as they had in the hands of the court.
The court shall also keep an index in which files
pertaining to juvenile matters sha11 be indesed under the name
of the child. After the name o£ each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date oP
filing thereof. The juvenile court 1ega1 records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b1 The court shall retain records of the court finding
that a juvenile committed an act that would be a£elony or gross
misdemeanor level offense until the offender reaches the age of
28. If the o£fender commits a�elony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile o£fense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260.155, subdivision 2.
Sec. 3. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKS
FORCE.]
�( �"� _ �l ��
http:/1www.revisorleg.state.mn.us/cgi-binlbldbill.pi?bi11=S1880.2&session=1s80 4122197
S.F No. 1880, 2nd Engrossment
36.27
36.28
36.29
36.30
36.31
36.32
36.33
36.34
36.35 Subd. 2. [WORKING GROUPS.]
36_36 enforcement workinq group and <
37.1 law en£orcement working grouo <
37.2 public safety; the superintendf
37.3 apprehension; the chiefs of po:
37.4 Duluth; the executive director
37.5 association; the executive dira
37.6 association; the executive dirE
37.7 peace officers association; an�
37.8 and Olmsted county sheriffs.
37.9 shall serve as its chair.
37.10
37.11
37.12
37.13
37.14
37.15
37.16
37.17
37.18
37.19
37.20
37.21
37.22
37.23
37.24
37.25
37.26
37.27
37.28
37.29
37.30
37.31
37.32
37.33
37.34
37.35 Subdivision l.
37.36 council shall coor
38.1 and shall develop
38.2 caused to the public by crimin�
3°.3 activities within the state of
38.9 strategy, the council shall co:
38.5 the community services divisio�.
38.6 corrections and federal probat.
38.7 United States district court o
38.8 practicable, the strate must
38.9 operatinq in the state regardl
38.10 or ethnicity of the qangs` mem
38.11 criminal gangs in both the met
38.12 Minnesota. The council shall
38.13 the needs of law en£orcement a
38.14 in qreater Minnesota in develo
38.15 must tarqet individuals or qro
38.16 behavior, not their physical a�
38.17 into account the rights of gro
38.18 strike force mav taraet and pr
ess
0
a chieTS o
lr iileqal
developing the
sentatives from
ta department of
loyed by the
far as
minal qanqs
or the motivation
egy must address
nd greater
take into account
ecutorial offices
y. The strategy
ir criminal
strateav must take
Page 27 of ll5
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[COORDINATION AND STRATEGY.) (a) The
dinate the efforts of the two working groups,
an overall strateav to eliminate the harm
S.F No. 1880, 2nd Engrossment
38.19
38.20
38.21
38.22
38.23
38.24
38.25
38.26
38.27
38.28
38.29
38.30
38.31
38.32
38.33
38.34
38.35
38.36
39.1
39.2
39.3
39.4
39.5
39.6
39.7
39.8
39.9
39.10
39.11
39.12
39.13
39.14
39.15
39.16
39.17
39.18
39.19
39.20
39.21
39.22
39.23
39.24
39.25
39.26
39.27
39.28
39.29
39.3�
39.31
39.32
39.33
39.34
39.35
39.36
4Q,1
40.2
40.3
40.4
40.5
40.6
40.7
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40.9
40.10
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S.F No. 1880, 2nd Engrossment
40.11
40.12
40.13
40.14
40.15
40.16
90.17
40.18
�0.19
�0.20
40.21
40.22
40.23
40_24
40.25
40.26
40.27
40.28
40.29
40.30
40.31
40.32
40.33
40.34
90.35
90.36
41.1
41.2
41.3
41.4
41.5
41.6
41.7
41.8
91.9
41.10
41.11
41.12
41.13
41.14
41.15
41.16
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41.20
41.21
41.22
41.23
41.24
41.25
41.26
41.27
41.28
41.29
41.30
41.31
41.32
41.33
41.3A
41.35
41.36
42.1
42.2
on a
[COMMANDERS.j The law enforcement workinq qroup
te a law enforcement officer who is a member o£ the
serve
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S.F No. 1880, 2nd Engrossment
42.3 qenerally advise the council on
42.4 deems appropriate. The council :
�2_5 attorneys and, if the council de
42.6 may retain outside counsel.
42.7 Subd. 8. [REQUIRED REPORT.]
42.8 the council shall report to the
92.9 oP representatives committees or
42.10 over criminal justice policy and
92.11 the council and strike iorce.
matters that the
42.12 Sec. 5. [299A.627] [JURISDICTION AND LIABILITY.]
42.13 Subdivision l. [STATEWIDE JURTSDICTION.] Law en1
42.14 of£icers who are members of the
42.15 jurisdiction to conduct criminal
42.16 same powers o£ arrest as those p
42.17 Prosecutors who are members of t
42.18 powers of county and city attorn
42.19 investiqated by the law en£orcem
42.20 strike £orce throughout the stat
42.21 Subd. 2. [LIABILITY AND WORK
92.22 operatinq under the scope of thi
42.23 force are "employees of the stat
42.24 and are considered employees of
42.25 for purposes of chapter 176.
ons and possess the
s
' COMPENSATION.] While
oY nublic
42.26 Sec. 6. [299A.628] [GRANT PROGRAMS.]
42.27 Subdivision 1. [REIMBURSEMENT GRANTS AUTHORIZED.] The
42.28 commissioner of public safety, u
42.29 council, may award grants to loc
42.30 county attorney's and sherif£'s
42.31 that have contributed members to
§2.32 persons to replace those who hav
42.33 cover a two-year period and reim
42.39 maximum oP 100 percent o£ the sa
42.35 to the strike force. A recipien
42.36 subdivision must use the money t
93.1 the person who has joined the st
93.2 complement of employees at the s
43.3 used to pay for equipment or uni
43.4 Subd, 2. [GRANTS TO EXPAND L
43.5 CRIMINAL GANGS.] (a) The commiss
43.6 recommendation of the council, m
43.7 enforcement agencies and city an
43.8 expand the aqency's or oPfice's
93.9 investiqate and prosecute crimes
43.10 (b) Grant applicants under th
43.11 the commissioner and the council
43.12 uses for which the money will be
43.13 council shall evaluate qrant app
43.14 -'
43_15
43.16
43.17
43.18
43.19
43.20
43.21
43.22
43.23
43.24
43.25
43.26
43.27
43.28
43.29
43.30
a
s
replace
ng its
mav not be
APACITY TO COMBAT
of oublic safetv,
u
a
Page 30 of 115
�1
http:/iwwwxevisorleg.state.mn.usJcgi-bin/bldbill.pl?bi11=S1880.2&session=1s80 4122197
S.F No. 1880, 2nd Bngrossment
43.31 Sec. 7.
43.32 SYSTEM.]
43.33
43.34
43.35
a3.36
44.1
94.2
44.3
44.4
94.5
44.6
44.7
aa_g
44.9
44.10
44.11
44.12
44.13
44.14
44.15
44.16
§4.17
44.18
44.19
44.20
44.21
44.22
44.23 (12 the individual h
44.24 or identifying characte
44.25 the criminal gang overs
44.26 requixed by the council
44.27 (2) the individual h
4A.28 misdemeanor or felony o
44.29 adjudication as a juven
44.30 misdemeanor or felony i
44.31 Subd. 3. [CLASSIFIC
44.32 criminal gang investiqa
44.33 individuals as defined
44.34 accessible to law enfor
44.35 the criminal justice ag
44.36 Subd. 4. [AUDIT OF
45.1 sha11 conduct periodic
45.2 that documents inclusio
45.3 investiqative data syst
45.4 validity, completeness,
45.5 system. The bureau has
45.6 purposes of conducting
45.7
45.8
45.9
45.10
45.11
45.12
45.13
45.14
45.15
45.16
45.17
45.18
45.19
45.20
45.21
45.22 AGENTS TO STRIKE FORCE.
ight council uncter section ZyyH.bZ6 as
; and
as been convicted o£ a gross
r has been adjudicated or has a stayed
ile for an offense that would be a gross
f committed by an adult.
ATION OF DATA IN SYSTEM.) Data in the
tive data system are confidential data on
in section 13.02, subdivision 3, but are
cement aqencies and may be released to
encies.
DATA SUBMITTED TO SYSTEM.] The bureau
random audits of data under subdivision 2
n of an individual in the criminal qanq
em for the purpose of determining the
and accuracy oP data submitted to the
access to the documenting data for
an audit.
Page 31 of 115
1 l -`� ��
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[299C.091] [CRIMINAL GANG INVESTIGATIVE DATA
S.F No. 1880, 2nd Engrossment
45
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Sec. 9. [P
STRZKE FORCE.]
The attorne
IGNMENT OF ASSISTANT ATTORNEY GENERAL TO
sha11 assian an assistant att
te exclusive
Page 32 of 115
in � '.1 _L� J j�d
(
Minnesota Statutes, sections 299A.625 to 299A.628, expire
June 30, 2001_
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 10 are ef£ective July 1, 1997.
ARTICLE 4
CHILDREN IN NEED OF PROTECTION OR
SERVICES PROVISIONS
Section 1. Minnesota Statutes 1996, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fu1fi11 the
responsibilities prescribed in section 256E.08, subdivision l,
to the £ollowing groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,—
and their children, and other adolescents;
(2) persons, includinq adolescents, who are under the
guaxdianship of the commissioner of human services as dependent
and neglected wards;
(3) adults who are in need of protection and vulnerable as
de£ined in section 626.5572;
(4) persons age 60 and over who are experiencing dif£iculty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents,
chronically and acutely mentally il1 persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(6) pexsons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision la, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons, including
adolescents, as defined in section 254A.02, subdivisions 5 and
7, and persons, including adolescents, at risk of harm to self
or others due to the ingestion of alcohol or other drugs; -
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; a-t�
(9) children and adolescents involved in or at risk of
involvement with criminal activitv: and
(10) ather groups of persons who, in the judqment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
http:/lwww.revisorlegstate.mn.usfcgi-bin(bldbill.pl?bi11=S1880.2&session=ls8Q 4(22/97
�i � - yg8
Identificatian of Gang Members
A gang is a group or association of three or more persons who may have a common identifying
sign, symbol or name, and who individually or collectively engage in criminal activity. An
individual is identified as a gang member based on verifyin� at least three o the ollawing
criteria and thev have a convictiord� udication�'or a gross misdemeanor or j'elorrX:
1. Admits gang membership or association.
2. Is observed to associated on a regular basis with known gang members.
3. Has tattoos indicating gang membership.
4. Wears gang symbols to idemify with a specific gang.
5. Is in a photograph with known gang members andlor using gang hand signs.
6. Name is on a gang document or gang-related graffiti.
7. Is identified as a gang member by a reliable source.
8. Arrested in the company of identified gang members.
9. Corresponds with know gang members or writes and/or receives correspondence about gang
activities.
10. Writes about gangs on wa11s, books, paper, etc.
Council File # ° E � — � �'�'
Green Sheet # S Q y�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
3�
1 WI�REAS, the Minnesota State Legislature is considering forming a Criminai Gang Council and Strike Force; and
2 WHEREAS, the Cruninal Gang Council will be collecting data on individuals in out community to determine gang
3 affiliation, and there is no criteria set forth for determnung what a gang or gang member is; now therefore be it
4 RESOLVED, that the administration present before council on Apri130, 1997 an analysis of the current legislation
5 and propose criteria that would appropriately identify those persons associated with gangs, while protecting the other
6 members of our community.
Requested by Department of:
Adoptio� fied by Council Secretary
B � `�- ��o�- - _
Approved by Mayor: Date �C� 1 I� �� 7'
By: �./L�
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
�
Adopted 6y Council: Date N__�.J� 3�I �� q��
.7 � u F��
DEPAfl7MENT10FFlCElCOUNqL DATE iNfT1ASED —� /' • u v
GREEN SHEET No. 5 0 4 2
INff1Al! DAiE INfTIAUDA7E
CON�A PERSON & PHONE � DEPAFi7MEM DIHECfOfl O CfTY COUNqL
ea�em wn O«rr ArrawEV 0 cm a�a�c
MUST 6E ON COU L AGENDA BV (DA'f� flOUiHiG � BUD(iEf DIFiECTOfl � FlN. & M(iT. SEPVICES dR.
� � MAYOR (OR ASSISTANTI �
TOTAL S OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUH�
ACTION FEQUESTED:
D'uecting the adminishation to provide an analysis of ihe Criminal Gang Council and Strike Force Legislation.
RECOMMENDAiIONS: Appmee (A) a ReJect (F� CpUNqL CONMRTEE/RESEARCH FiEPOHT OPTIONAL
__ PIANPNNG COMMiS510N — qVIL SERYICE CYJMMISSION ANALYST PNONE NO.
_ qB COMMRTEE _
COMMENTS:
_ STAFF _
_ DISTRICT COURT _
SUPPORTS WHICH COUNqL O&IECTIVE?
INITIATING PROBLEM, ISSUE, OPPOR7UNRV (NTo, Whet, When, Where, Why):
ADVANTAGES IF APPROVED:
DISADVANTAGES IF APPROVED:
DISMVANTAGES IF NOT APPROVEO:
TOTAL AMOUNT OF TRANSACTION S COST/HEVENUE BUDGETED (CIRCLE ON� YES NO
FUNDING SOURCE ACTIVITV NUMBER
FlNANCIAL INFORMATION: (EXPWN)
Status of S.F. No. 1880 (1997f1998)
Status of S.F. No.1880 in Senate: SOth Legislative Session (1997-1998)
T�t of S.F. No. 1880
9'1 �l �'�'
Page 1 of 1
SF1880 I DATE 104/18/97 STATUS RN=97-3554 �
-----------------------------------------------------
-----------------------------------------------------
SF 1880 1041�8/97�Introduction and first reading
104J08/97�Referred to Human Resources Finance
SUB ( ) 104f10J97�COmmittee xeport: To pass as amended
104j1Oj971Second reading SPP:
AUTHORS: �04I141971Special Order: Amended
Ke11y, R.C. j04I14/97�Third reading Passed 062-003
Ranum �04/lA/97�AUthor added Knutson
Neuville I I
Spear I I
Knutson I I
I I
SHORT DESCRIPTION � �
Omnibus criminal justice,� I
corxections and public I I
de£ense appropriations I I
SENATE INFORMATION
DATE UNOFFICIAL STATUS SF2880
OMNIBUS CRINIE PREVENTION AND JUDICIARY BILL
HUMAN RESOURCES FINANCE CONP�IITTEE
4/8/97 Meeting scheduled for 4 pm - Room 112, Capitol
4/8/97 Amended and recommended pass
Status of S.F. No. 1880 in House.
SF1880 I DATE 104/1�197 STATUS RN=97-3554 I
SF 1880
SUB (
AOTHORS:
Kelly, R.C.
Ranum
Neuville
Spear
Knutson
104j15/971Received from Senate
104/15/971Senate File first reading, referred to
I IJudiciary
I I
I I
I I
I I
I I
I
I I
I I
SHORT DESCRIPTION I I
Omnibus judiciary finance� f
and crime prevention I I
bill, and money I I
appropriated. I I
HOUSE INFORMATZON
DATE UNOFFICIAL ACTION HISTORY SF1880
4-17-97 - Judiciary CommiGtee; hearzng scheduled for 10:00 a.m., 10
State Office Building
Get Status for another bill.
http:l/www.revisor.leg.state.mn.us/cgi-bin/getstatus.pl?number=1880&body=senate&session=lsf4/21 /97
H.F No. 163, as introduced
Minn es+�ta �tate
KEY: ���� = old language to be removed
underscored = new language to be added
Page 1 of 4
��-�,�f
NOTB: If you cannot see any difference in the key above, you need to chang.e the displav of stricken
andior underscored language.
H.F No.163, as introduced: 80th Legislafive Session (1997-1948)
Authors and Status
l.l
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
l.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1_22
1.23
1.24
1.25
1.26
1.27
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2 . 10
2.11
2.12
2.13
2.14
2.15
2.16
A bill for an act
relating to crime prevention; creating a criminal ganq
council and strike force to develop and implement a
strategy to investigate and prosecute crimes committed
by criminal gangs throughout the state; authorizing
the council to make various grants; appropriating
money; proposing coding for new law in Minnesota
Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5ection l. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE
FORCE; GRANTS AUTHORIZED.]
http:((wwwsevisor.leg.state.mn.us(cgi-binlbldbi11.p1?bi11=H0163.0&session=1s80 4(21/97
H.F No. 163, as introduced
z.i�
2.18
2.19
2.20
2.21
2.22
2.23
2.2?
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
J.2Z
3.23
3.24
3.25
3.26
3.27
3_28
3.29
3.30
3.31
3.32
3.33
3.34
3.35
3.36
4.1
4.2
4.3
4.4
A.5
4.6
4.7
4.8
Page 2 of 4
�l''Z -`-1 �'8'
http:/Jwww.revisor.leg.state.mn.usJcgi-binlbldbill.pl?bi11=H0163.0&session=1s80 4/21l97
H.F No. 163, as introduced
4.9 includinq, but not limit
4.10 prosecuting cases involv
4.11 witnesses, and cooperati
4.12 developing and building
4.13 approved by the council
4.14 (q) The assistant att
4.15 force, in addition to he
4.16 paragraph (f) and in car
4.17 in the policy after it i
4.18 generally advise the cou
�.19 deems appropriate.
4.2� Subd. 2. {STATEWIDE
4.21 of£icers who are members
4.22 statewide juxisdiction t
4.23 shall possess the same F
4.24 sheriff.
s in
s
as
JURISDICTION.]
strike
and
bv a
9.25 Subd. 3. [LIABILITY AND WORKERS' COMPENSATION.j While
4.26 operatinq under the scope of this section, members of the strike
4.27 force are "employees of the state"
4.28 and are considered employees of th
4.29 for purposes o£ chapter 176.
4.3Q Subd. 4. [REQUIRED REPORT.] By
4.31 the council shall report to the ch
4.32 of representatives committees or d
4.33 over criminal justice policV and f
4.34 the council and strike force.
4.35 Subd. 5. [REIMBURSEMENT GRANTS
9.36 may award grants to loca
5.1 attorney's and sheriff's
5.2 have contributed members
5.3 to replace those who hav
5_4 two-year period and reia
5.5 pexcent of the salary of
5.6 grant under this subdivi
5.7 person to replace the pe
5.8 thus, keeping its comple
5.9 The money may not be use
5.10 Subd. 6. [GRANTS TO
5.11 CRIMINAL GANGS.] (a) The
5.12 enforcement agencies anc
5.13 expand the aqency's or c
5.14 investiqate and prosecut
5.15 (b) Grant applicants
5.16 the council a detailed F
5.17 money wi11 be put. The
5.18 applications and award c
5.19 positive results. The c
5.20 necessary equipment and
5.21 if the council determine
5.22 recipient'S attempts to
5.23 require recipients of qr
5.24 council detailing the sti
5.25 criminal ganqs.
5.26 (c) The council shall
5.27 subdivision to require t
5.28 the council and the burE
5.29 and expanding a comprehe
5.30 and in implementing the
5.31 combat criminal gangs.
5.32 the council and bureau u
5.33 the activities and chara
5.34 members operating withir
5.35 Sec. 2. [ASSIGNMENT
5.36 AGBNTS TO STRIKE FORCE.]
rs
AOTHORIZED.] The council
cement agencies, county
nd other oraanizations that
rse the re
he departe�
on shall u
on who has
nt of empl
to pav for
or
Page 3 of 4
q "�j - `\ �'�'
http:/{www.revisar.leg.state.mn.us{cgi-bin/bldball.pl?bi11=H0163.0&session=1s80 4/21f97
H.F No. 163, as introduced
6.1 The superintendent of the bureau of criminal apprehen.
6.2 shall assiqn experienced aqents to the strike force desc:
6.3 section 1. These agents sha11 operate exclusively for t:
6.4 purposes listed in section 1 under the protocol develope�
6.5 criminal gang oversiqht council.
6.6 Sec. 3. [ASSIGNMENT OF ASSiSTANT ATTORNEY GENERAL TO
6.7 STRSKE FORCE.]
6.8 The attorney general shall assi
6.9 qeneral experienced in the prosecu
6.10 criminal qanqs to the strike force
6.11 attorney shall operate exclusively
6.12 section 1 under the protocol devel
6.13 oversiqht council.
6.14 Sec. 4. [APPRQPRIATIONS.]
6.15 Subdivision 1. [PUBLIC SAFETY.
6.16 from the qeneral fund to the commi
6.17 the biennium endinq June 30, 1999,
6.18 qang oversiqht council to be used
6.19 authorized in section 1, subdivisi
6.20 organization and operation of the
6.21 section 1. The council mav use pa
6.22 procure necessary equipment and pa
6.23 necessary by the council. However
6.24 minimize expenses related to equip
6.25 entities to contribute equipment a
6.26 force.
the
gn an assistant attorney
tion of crimes committed by
described in section 1. This
for the purposes listed in
oped by the criminal gang
] $....... is appropriated
ssioner of public safety for
for a grant to the criminal
by the council for the grants
ons 5 and 6, and to fund the
strike force described in
rt of this appropriation to
y other expenses deemed
, the council shall seek to
ment by encouraging local
nd other suoport to the strike
6.27 Subd. 2. [BUREAU OF CRTMINAL APPREHENSION.]
6.28 is appropriated from the general fund to the st
6.29 the bureau of criminal apprehensio
6.30 30, 1999, to hire new agents to re�
6.31 criminal gang strike force.
6.32 (b) $....... is appropriated fr
6.33 superintendent of the bureau of cr
6.34 biennium ending June 30, 1999, to
6.35 database of information regarding
6.36 characteristics o£ criminal qangs
7.1 the state.
7.2 Subd. 3. [ATTORNEY GENERAL.] $
7.3 the qeneral fund to the attorney g
7.4 June 30, 1999, to hire an assistan
7.5 the one assianed to the criminal a
a
ve
of
t
Page 4 of 4
�
http:!(www.revisor.leg.state.snn.uslcgi-binJbldbiil.pl?bi11=H0163.0&session=1s80 4121197
S.F No. 1880, 2nd Engrossment
33
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8
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2
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perpetrators.
Sec. 18. [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE
COORDINATING COUNCIL PILOT PROGE2AIK. ]
Subdivision 1. [PLANNING GRANTS FOR FOURTH JUDICIAL
�r Minnesota Statutes
Sections 1 to 19 are efPective 3uly l, 1997.
ARTICLE 3
CRIMINAL GANG PROVISIONS
Section l. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 90b. CCRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data
in the criminal qang investigative data sVstem are classiPied in
Page 25 of 115
q`1-�1 �'�'
httpJiwwwsevisar.leg.state.mn.us/cgi-binibldbill.pl?bi11=S1880.2&session=1s80 4/22/97
services to adult and child victims of domestic abuse and
perpetrators of domestic abuse;
S.F No. 1880, 2nd Engrossment
34.35
34.36
35.1
35.2
35.3
35.4
35.5
35.6
35.7
35.8
35.9
35.10
35.11
35.12
35.13
35.14
35.15
35.16
35.17
35.18
35.19
35.20
35.21
35.22
35.23
35.24
35.25
35.26
35.27
35.28
35.29
35.30
35.31
35.32
35.33
35.34
35.35
35.36
36.1
36.2
36.3
36.4
36.5
36.6
36.7
36.8
36.9
36.10
36_11
36.12
36.13
36.14
36.15
36.16
36.17
36.18
36.19
36.20
36.21
36.22
36.23
36.24
36.25
36.26
Page 26 of 115
section 299C.091.
Sec. 2. Minnesota Statutes 1996, section 260.161,
subdivision 1, is amended to xead:
Subdivision L [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Excepti as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and sha11 release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes o£
sentencing, or to an adult courL or juvenile court as required
by the right o£ confrontation oP either trie United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involvinq the
particular child. The court also may grovide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies,"probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999, juvenile court delinquency proceeding records of
adiudications, court transcriots, and delino'uencv r�etitions,
mental health reports may not be inclucfefl with those recorfls.
The records have the same data classification in the hands of
the agency receiving them as they had in the hands of the court.
The court shall also keep an index in which files
pertaining to juvenile matters sha11 be indesed under the name
of the child. After the name o£ each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date oP
filing thereof. The juvenile court 1ega1 records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b1 The court shall retain records of the court finding
that a juvenile committed an act that would be a£elony or gross
misdemeanor level offense until the offender reaches the age of
28. If the o£fender commits a�elony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile o£fense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260.155, subdivision 2.
Sec. 3. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKS
FORCE.]
�( �"� _ �l ��
http:/1www.revisorleg.state.mn.us/cgi-binlbldbill.pi?bi11=S1880.2&session=1s80 4122197
S.F No. 1880, 2nd Engrossment
36.27
36.28
36.29
36.30
36.31
36.32
36.33
36.34
36.35 Subd. 2. [WORKING GROUPS.]
36_36 enforcement workinq group and <
37.1 law en£orcement working grouo <
37.2 public safety; the superintendf
37.3 apprehension; the chiefs of po:
37.4 Duluth; the executive director
37.5 association; the executive dira
37.6 association; the executive dirE
37.7 peace officers association; an�
37.8 and Olmsted county sheriffs.
37.9 shall serve as its chair.
37.10
37.11
37.12
37.13
37.14
37.15
37.16
37.17
37.18
37.19
37.20
37.21
37.22
37.23
37.24
37.25
37.26
37.27
37.28
37.29
37.30
37.31
37.32
37.33
37.34
37.35 Subdivision l.
37.36 council shall coor
38.1 and shall develop
38.2 caused to the public by crimin�
3°.3 activities within the state of
38.9 strategy, the council shall co:
38.5 the community services divisio�.
38.6 corrections and federal probat.
38.7 United States district court o
38.8 practicable, the strate must
38.9 operatinq in the state regardl
38.10 or ethnicity of the qangs` mem
38.11 criminal gangs in both the met
38.12 Minnesota. The council shall
38.13 the needs of law en£orcement a
38.14 in qreater Minnesota in develo
38.15 must tarqet individuals or qro
38.16 behavior, not their physical a�
38.17 into account the rights of gro
38.18 strike force mav taraet and pr
ess
0
a chieTS o
lr iileqal
developing the
sentatives from
ta department of
loyed by the
far as
minal qanqs
or the motivation
egy must address
nd greater
take into account
ecutorial offices
y. The strategy
ir criminal
strateav must take
Page 27 of ll5
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[COORDINATION AND STRATEGY.) (a) The
dinate the efforts of the two working groups,
an overall strateav to eliminate the harm
S.F No. 1880, 2nd Engrossment
38.19
38.20
38.21
38.22
38.23
38.24
38.25
38.26
38.27
38.28
38.29
38.30
38.31
38.32
38.33
38.34
38.35
38.36
39.1
39.2
39.3
39.4
39.5
39.6
39.7
39.8
39.9
39.10
39.11
39.12
39.13
39.14
39.15
39.16
39.17
39.18
39.19
39.20
39.21
39.22
39.23
39.24
39.25
39.26
39.27
39.28
39.29
39.3�
39.31
39.32
39.33
39.34
39.35
39.36
4Q,1
40.2
40.3
40.4
40.5
40.6
40.7
4Q.8
40.9
40.10
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S.F No. 1880, 2nd Engrossment
40.11
40.12
40.13
40.14
40.15
40.16
90.17
40.18
�0.19
�0.20
40.21
40.22
40.23
40_24
40.25
40.26
40.27
40.28
40.29
40.30
40.31
40.32
40.33
40.34
90.35
90.36
41.1
41.2
41.3
41.4
41.5
41.6
41.7
41.8
91.9
41.10
41.11
41.12
41.13
41.14
41.15
41.16
41.17
41.18
41.19
41.20
41.21
41.22
41.23
41.24
41.25
41.26
41.27
41.28
41.29
41.30
41.31
41.32
41.33
41.3A
41.35
41.36
42.1
42.2
on a
[COMMANDERS.j The law enforcement workinq qroup
te a law enforcement officer who is a member o£ the
serve
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S.F No. 1880, 2nd Engrossment
42.3 qenerally advise the council on
42.4 deems appropriate. The council :
�2_5 attorneys and, if the council de
42.6 may retain outside counsel.
42.7 Subd. 8. [REQUIRED REPORT.]
42.8 the council shall report to the
92.9 oP representatives committees or
42.10 over criminal justice policy and
92.11 the council and strike iorce.
matters that the
42.12 Sec. 5. [299A.627] [JURISDICTION AND LIABILITY.]
42.13 Subdivision l. [STATEWIDE JURTSDICTION.] Law en1
42.14 of£icers who are members of the
42.15 jurisdiction to conduct criminal
42.16 same powers o£ arrest as those p
42.17 Prosecutors who are members of t
42.18 powers of county and city attorn
42.19 investiqated by the law en£orcem
42.20 strike £orce throughout the stat
42.21 Subd. 2. [LIABILITY AND WORK
92.22 operatinq under the scope of thi
42.23 force are "employees of the stat
42.24 and are considered employees of
42.25 for purposes of chapter 176.
ons and possess the
s
' COMPENSATION.] While
oY nublic
42.26 Sec. 6. [299A.628] [GRANT PROGRAMS.]
42.27 Subdivision 1. [REIMBURSEMENT GRANTS AUTHORIZED.] The
42.28 commissioner of public safety, u
42.29 council, may award grants to loc
42.30 county attorney's and sherif£'s
42.31 that have contributed members to
§2.32 persons to replace those who hav
42.33 cover a two-year period and reim
42.39 maximum oP 100 percent o£ the sa
42.35 to the strike force. A recipien
42.36 subdivision must use the money t
93.1 the person who has joined the st
93.2 complement of employees at the s
43.3 used to pay for equipment or uni
43.4 Subd, 2. [GRANTS TO EXPAND L
43.5 CRIMINAL GANGS.] (a) The commiss
43.6 recommendation of the council, m
43.7 enforcement agencies and city an
43.8 expand the aqency's or oPfice's
93.9 investiqate and prosecute crimes
43.10 (b) Grant applicants under th
43.11 the commissioner and the council
43.12 uses for which the money will be
43.13 council shall evaluate qrant app
43.14 -'
43_15
43.16
43.17
43.18
43.19
43.20
43.21
43.22
43.23
43.24
43.25
43.26
43.27
43.28
43.29
43.30
a
s
replace
ng its
mav not be
APACITY TO COMBAT
of oublic safetv,
u
a
Page 30 of 115
�1
http:/iwwwxevisorleg.state.mn.usJcgi-bin/bldbill.pl?bi11=S1880.2&session=1s80 4122197
S.F No. 1880, 2nd Bngrossment
43.31 Sec. 7.
43.32 SYSTEM.]
43.33
43.34
43.35
a3.36
44.1
94.2
44.3
44.4
94.5
44.6
44.7
aa_g
44.9
44.10
44.11
44.12
44.13
44.14
44.15
44.16
§4.17
44.18
44.19
44.20
44.21
44.22
44.23 (12 the individual h
44.24 or identifying characte
44.25 the criminal gang overs
44.26 requixed by the council
44.27 (2) the individual h
4A.28 misdemeanor or felony o
44.29 adjudication as a juven
44.30 misdemeanor or felony i
44.31 Subd. 3. [CLASSIFIC
44.32 criminal gang investiqa
44.33 individuals as defined
44.34 accessible to law enfor
44.35 the criminal justice ag
44.36 Subd. 4. [AUDIT OF
45.1 sha11 conduct periodic
45.2 that documents inclusio
45.3 investiqative data syst
45.4 validity, completeness,
45.5 system. The bureau has
45.6 purposes of conducting
45.7
45.8
45.9
45.10
45.11
45.12
45.13
45.14
45.15
45.16
45.17
45.18
45.19
45.20
45.21
45.22 AGENTS TO STRIKE FORCE.
ight council uncter section ZyyH.bZ6 as
; and
as been convicted o£ a gross
r has been adjudicated or has a stayed
ile for an offense that would be a gross
f committed by an adult.
ATION OF DATA IN SYSTEM.) Data in the
tive data system are confidential data on
in section 13.02, subdivision 3, but are
cement aqencies and may be released to
encies.
DATA SUBMITTED TO SYSTEM.] The bureau
random audits of data under subdivision 2
n of an individual in the criminal qanq
em for the purpose of determining the
and accuracy oP data submitted to the
access to the documenting data for
an audit.
Page 31 of 115
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[299C.091] [CRIMINAL GANG INVESTIGATIVE DATA
S.F No. 1880, 2nd Engrossment
45
45
45
n5
a5
e5
45
45
45
45
a5
95
95
45
46
46
46
46
46
96
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
46
96
46
46
47
§7
47
Q7
47
47
47
47
47
47
47
47
47
47
23
24
25
26
27
28
29
30
31
32
33
3fl
35
36
1
2
3
7
8
9
10
11
12
13
1§
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Sec. 9. [P
STRZKE FORCE.]
The attorne
IGNMENT OF ASSISTANT ATTORNEY GENERAL TO
sha11 assian an assistant att
te exclusive
Page 32 of 115
in � '.1 _L� J j�d
(
Minnesota Statutes, sections 299A.625 to 299A.628, expire
June 30, 2001_
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 10 are ef£ective July 1, 1997.
ARTICLE 4
CHILDREN IN NEED OF PROTECTION OR
SERVICES PROVISIONS
Section 1. Minnesota Statutes 1996, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fu1fi11 the
responsibilities prescribed in section 256E.08, subdivision l,
to the £ollowing groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,—
and their children, and other adolescents;
(2) persons, includinq adolescents, who are under the
guaxdianship of the commissioner of human services as dependent
and neglected wards;
(3) adults who are in need of protection and vulnerable as
de£ined in section 626.5572;
(4) persons age 60 and over who are experiencing dif£iculty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents,
chronically and acutely mentally il1 persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(6) pexsons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision la, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons, including
adolescents, as defined in section 254A.02, subdivisions 5 and
7, and persons, including adolescents, at risk of harm to self
or others due to the ingestion of alcohol or other drugs; -
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; a-t�
(9) children and adolescents involved in or at risk of
involvement with criminal activitv: and
(10) ather groups of persons who, in the judqment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
http:/lwww.revisorlegstate.mn.usfcgi-bin(bldbill.pl?bi11=S1880.2&session=ls8Q 4(22/97
�i � - yg8
Identificatian of Gang Members
A gang is a group or association of three or more persons who may have a common identifying
sign, symbol or name, and who individually or collectively engage in criminal activity. An
individual is identified as a gang member based on verifyin� at least three o the ollawing
criteria and thev have a convictiord� udication�'or a gross misdemeanor or j'elorrX:
1. Admits gang membership or association.
2. Is observed to associated on a regular basis with known gang members.
3. Has tattoos indicating gang membership.
4. Wears gang symbols to idemify with a specific gang.
5. Is in a photograph with known gang members andlor using gang hand signs.
6. Name is on a gang document or gang-related graffiti.
7. Is identified as a gang member by a reliable source.
8. Arrested in the company of identified gang members.
9. Corresponds with know gang members or writes and/or receives correspondence about gang
activities.
10. Writes about gangs on wa11s, books, paper, etc.
Council File # ° E � — � �'�'
Green Sheet # S Q y�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
3�
1 WI�REAS, the Minnesota State Legislature is considering forming a Criminai Gang Council and Strike Force; and
2 WHEREAS, the Cruninal Gang Council will be collecting data on individuals in out community to determine gang
3 affiliation, and there is no criteria set forth for determnung what a gang or gang member is; now therefore be it
4 RESOLVED, that the administration present before council on Apri130, 1997 an analysis of the current legislation
5 and propose criteria that would appropriately identify those persons associated with gangs, while protecting the other
6 members of our community.
Requested by Department of:
Adoptio� fied by Council Secretary
B � `�- ��o�- - _
Approved by Mayor: Date �C� 1 I� �� 7'
By: �./L�
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
�
Adopted 6y Council: Date N__�.J� 3��
.7 � u F��
DEPAfl7MENT10FFlCElCOUNqL DATE iNfT1ASED —� /' • u v
GREEN SHEET No. 5 0 4 2
INff1Al! DAiE INfTIAUDA7E
CON�A PERSON & PHONE � DEPAFi7MEM DIHECfOfl O CfTY COUNqL
ea�em wn O«rr ArrawEV 0 cm a�a�c
MUST 6E ON COU L AGENDA BV (DA'f� flOUiHiG � BUD(iEf DIFiECTOfl � FlN. & M(iT. SEPVICES dR.
� � MAYOR (OR ASSISTANTI �
TOTAL S OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUH�
ACTION FEQUESTED:
D'uecting the adminishation to provide an analysis of ihe Criminal Gang Council and Strike Force Legislation.
RECOMMENDAiIONS: Appmee (A) a ReJect (F� CpUNqL CONMRTEE/RESEARCH FiEPOHT OPTIONAL
__ PIANPNNG COMMiS510N — qVIL SERYICE CYJMMISSION ANALYST PNONE NO.
_ qB COMMRTEE _
COMMENTS:
_ STAFF _
_ DISTRICT COURT _
SUPPORTS WHICH COUNqL O&IECTIVE?
INITIATING PROBLEM, ISSUE, OPPOR7UNRV (NTo, Whet, When, Where, Why):
ADVANTAGES IF APPROVED:
DISADVANTAGES IF APPROVED:
DISMVANTAGES IF NOT APPROVEO:
TOTAL AMOUNT OF TRANSACTION S COST/HEVENUE BUDGETED (CIRCLE ON� YES NO
FUNDING SOURCE ACTIVITV NUMBER
FlNANCIAL INFORMATION: (EXPWN)
Status of S.F. No. 1880 (1997f1998)
Status of S.F. No.1880 in Senate: SOth Legislative Session (1997-1998)
T�t of S.F. No. 1880
9'1 �l �'�'
Page 1 of 1
SF1880 I DATE 104/18/97 STATUS RN=97-3554 �
-----------------------------------------------------
-----------------------------------------------------
SF 1880 1041�8/97�Introduction and first reading
104J08/97�Referred to Human Resources Finance
SUB ( ) 104f10J97�COmmittee xeport: To pass as amended
104j1Oj971Second reading SPP:
AUTHORS: �04I141971Special Order: Amended
Ke11y, R.C. j04I14/97�Third reading Passed 062-003
Ranum �04/lA/97�AUthor added Knutson
Neuville I I
Spear I I
Knutson I I
I I
SHORT DESCRIPTION � �
Omnibus criminal justice,� I
corxections and public I I
de£ense appropriations I I
SENATE INFORMATION
DATE UNOFFICIAL STATUS SF2880
OMNIBUS CRINIE PREVENTION AND JUDICIARY BILL
HUMAN RESOURCES FINANCE CONP�IITTEE
4/8/97 Meeting scheduled for 4 pm - Room 112, Capitol
4/8/97 Amended and recommended pass
Status of S.F. No. 1880 in House.
SF1880 I DATE 104/1�197 STATUS RN=97-3554 I
SF 1880
SUB (
AOTHORS:
Kelly, R.C.
Ranum
Neuville
Spear
Knutson
104j15/971Received from Senate
104/15/971Senate File first reading, referred to
I IJudiciary
I I
I I
I I
I I
I I
I
I I
I I
SHORT DESCRIPTION I I
Omnibus judiciary finance� f
and crime prevention I I
bill, and money I I
appropriated. I I
HOUSE INFORMATZON
DATE UNOFFICIAL ACTION HISTORY SF1880
4-17-97 - Judiciary CommiGtee; hearzng scheduled for 10:00 a.m., 10
State Office Building
Get Status for another bill.
http:l/www.revisor.leg.state.mn.us/cgi-bin/getstatus.pl?number=1880&body=senate&session=lsf4/21 /97
H.F No. 163, as introduced
Minn es+�ta �tate
KEY: ���� = old language to be removed
underscored = new language to be added
Page 1 of 4
��-�,�f
NOTB: If you cannot see any difference in the key above, you need to chang.e the displav of stricken
andior underscored language.
H.F No.163, as introduced: 80th Legislafive Session (1997-1948)
Authors and Status
l.l
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
l.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1_22
1.23
1.24
1.25
1.26
1.27
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2 . 10
2.11
2.12
2.13
2.14
2.15
2.16
A bill for an act
relating to crime prevention; creating a criminal ganq
council and strike force to develop and implement a
strategy to investigate and prosecute crimes committed
by criminal gangs throughout the state; authorizing
the council to make various grants; appropriating
money; proposing coding for new law in Minnesota
Statutes, chapter 299A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5ection l. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE
FORCE; GRANTS AUTHORIZED.]
http:((wwwsevisor.leg.state.mn.us(cgi-binlbldbi11.p1?bi11=H0163.0&session=1s80 4(21/97
H.F No. 163, as introduced
z.i�
2.18
2.19
2.20
2.21
2.22
2.23
2.2?
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
J.2Z
3.23
3.24
3.25
3.26
3.27
3_28
3.29
3.30
3.31
3.32
3.33
3.34
3.35
3.36
4.1
4.2
4.3
4.4
A.5
4.6
4.7
4.8
Page 2 of 4
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http:/Jwww.revisor.leg.state.mn.usJcgi-binlbldbill.pl?bi11=H0163.0&session=1s80 4/21l97
H.F No. 163, as introduced
4.9 includinq, but not limit
4.10 prosecuting cases involv
4.11 witnesses, and cooperati
4.12 developing and building
4.13 approved by the council
4.14 (q) The assistant att
4.15 force, in addition to he
4.16 paragraph (f) and in car
4.17 in the policy after it i
4.18 generally advise the cou
�.19 deems appropriate.
4.2� Subd. 2. {STATEWIDE
4.21 of£icers who are members
4.22 statewide juxisdiction t
4.23 shall possess the same F
4.24 sheriff.
s in
s
as
JURISDICTION.]
strike
and
bv a
9.25 Subd. 3. [LIABILITY AND WORKERS' COMPENSATION.j While
4.26 operatinq under the scope of this section, members of the strike
4.27 force are "employees of the state"
4.28 and are considered employees of th
4.29 for purposes o£ chapter 176.
4.3Q Subd. 4. [REQUIRED REPORT.] By
4.31 the council shall report to the ch
4.32 of representatives committees or d
4.33 over criminal justice policV and f
4.34 the council and strike force.
4.35 Subd. 5. [REIMBURSEMENT GRANTS
9.36 may award grants to loca
5.1 attorney's and sheriff's
5.2 have contributed members
5.3 to replace those who hav
5_4 two-year period and reia
5.5 pexcent of the salary of
5.6 grant under this subdivi
5.7 person to replace the pe
5.8 thus, keeping its comple
5.9 The money may not be use
5.10 Subd. 6. [GRANTS TO
5.11 CRIMINAL GANGS.] (a) The
5.12 enforcement agencies anc
5.13 expand the aqency's or c
5.14 investiqate and prosecut
5.15 (b) Grant applicants
5.16 the council a detailed F
5.17 money wi11 be put. The
5.18 applications and award c
5.19 positive results. The c
5.20 necessary equipment and
5.21 if the council determine
5.22 recipient'S attempts to
5.23 require recipients of qr
5.24 council detailing the sti
5.25 criminal ganqs.
5.26 (c) The council shall
5.27 subdivision to require t
5.28 the council and the burE
5.29 and expanding a comprehe
5.30 and in implementing the
5.31 combat criminal gangs.
5.32 the council and bureau u
5.33 the activities and chara
5.34 members operating withir
5.35 Sec. 2. [ASSIGNMENT
5.36 AGBNTS TO STRIKE FORCE.]
rs
AOTHORIZED.] The council
cement agencies, county
nd other oraanizations that
rse the re
he departe�
on shall u
on who has
nt of empl
to pav for
or
Page 3 of 4
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H.F No. 163, as introduced
6.1 The superintendent of the bureau of criminal apprehen.
6.2 shall assiqn experienced aqents to the strike force desc:
6.3 section 1. These agents sha11 operate exclusively for t:
6.4 purposes listed in section 1 under the protocol develope�
6.5 criminal gang oversiqht council.
6.6 Sec. 3. [ASSIGNMENT OF ASSiSTANT ATTORNEY GENERAL TO
6.7 STRSKE FORCE.]
6.8 The attorney general shall assi
6.9 qeneral experienced in the prosecu
6.10 criminal qanqs to the strike force
6.11 attorney shall operate exclusively
6.12 section 1 under the protocol devel
6.13 oversiqht council.
6.14 Sec. 4. [APPRQPRIATIONS.]
6.15 Subdivision 1. [PUBLIC SAFETY.
6.16 from the qeneral fund to the commi
6.17 the biennium endinq June 30, 1999,
6.18 qang oversiqht council to be used
6.19 authorized in section 1, subdivisi
6.20 organization and operation of the
6.21 section 1. The council mav use pa
6.22 procure necessary equipment and pa
6.23 necessary by the council. However
6.24 minimize expenses related to equip
6.25 entities to contribute equipment a
6.26 force.
the
gn an assistant attorney
tion of crimes committed by
described in section 1. This
for the purposes listed in
oped by the criminal gang
] $....... is appropriated
ssioner of public safety for
for a grant to the criminal
by the council for the grants
ons 5 and 6, and to fund the
strike force described in
rt of this appropriation to
y other expenses deemed
, the council shall seek to
ment by encouraging local
nd other suoport to the strike
6.27 Subd. 2. [BUREAU OF CRTMINAL APPREHENSION.]
6.28 is appropriated from the general fund to the st
6.29 the bureau of criminal apprehensio
6.30 30, 1999, to hire new agents to re�
6.31 criminal gang strike force.
6.32 (b) $....... is appropriated fr
6.33 superintendent of the bureau of cr
6.34 biennium ending June 30, 1999, to
6.35 database of information regarding
6.36 characteristics o£ criminal qangs
7.1 the state.
7.2 Subd. 3. [ATTORNEY GENERAL.] $
7.3 the qeneral fund to the attorney g
7.4 June 30, 1999, to hire an assistan
7.5 the one assianed to the criminal a
a
ve
of
t
Page 4 of 4
�
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S.F No. 1880, 2nd Engrossment
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perpetrators.
Sec. 18. [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE
COORDINATING COUNCIL PILOT PROGE2AIK. ]
Subdivision 1. [PLANNING GRANTS FOR FOURTH JUDICIAL
�r Minnesota Statutes
Sections 1 to 19 are efPective 3uly l, 1997.
ARTICLE 3
CRIMINAL GANG PROVISIONS
Section l. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 90b. CCRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data
in the criminal qang investigative data sVstem are classiPied in
Page 25 of 115
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services to adult and child victims of domestic abuse and
perpetrators of domestic abuse;
S.F No. 1880, 2nd Engrossment
34.35
34.36
35.1
35.2
35.3
35.4
35.5
35.6
35.7
35.8
35.9
35.10
35.11
35.12
35.13
35.14
35.15
35.16
35.17
35.18
35.19
35.20
35.21
35.22
35.23
35.24
35.25
35.26
35.27
35.28
35.29
35.30
35.31
35.32
35.33
35.34
35.35
35.36
36.1
36.2
36.3
36.4
36.5
36.6
36.7
36.8
36.9
36.10
36_11
36.12
36.13
36.14
36.15
36.16
36.17
36.18
36.19
36.20
36.21
36.22
36.23
36.24
36.25
36.26
Page 26 of 115
section 299C.091.
Sec. 2. Minnesota Statutes 1996, section 260.161,
subdivision 1, is amended to xead:
Subdivision L [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Excepti as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and sha11 release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes o£
sentencing, or to an adult courL or juvenile court as required
by the right o£ confrontation oP either trie United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involvinq the
particular child. The court also may grovide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies,"probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999, juvenile court delinquency proceeding records of
adiudications, court transcriots, and delino'uencv r�etitions,
mental health reports may not be inclucfefl with those recorfls.
The records have the same data classification in the hands of
the agency receiving them as they had in the hands of the court.
The court shall also keep an index in which files
pertaining to juvenile matters sha11 be indesed under the name
of the child. After the name o£ each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date oP
filing thereof. The juvenile court 1ega1 records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b1 The court shall retain records of the court finding
that a juvenile committed an act that would be a£elony or gross
misdemeanor level offense until the offender reaches the age of
28. If the o£fender commits a�elony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile o£fense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260.155, subdivision 2.
Sec. 3. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKS
FORCE.]
�( �"� _ �l ��
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S.F No. 1880, 2nd Engrossment
36.27
36.28
36.29
36.30
36.31
36.32
36.33
36.34
36.35 Subd. 2. [WORKING GROUPS.]
36_36 enforcement workinq group and <
37.1 law en£orcement working grouo <
37.2 public safety; the superintendf
37.3 apprehension; the chiefs of po:
37.4 Duluth; the executive director
37.5 association; the executive dira
37.6 association; the executive dirE
37.7 peace officers association; an�
37.8 and Olmsted county sheriffs.
37.9 shall serve as its chair.
37.10
37.11
37.12
37.13
37.14
37.15
37.16
37.17
37.18
37.19
37.20
37.21
37.22
37.23
37.24
37.25
37.26
37.27
37.28
37.29
37.30
37.31
37.32
37.33
37.34
37.35 Subdivision l.
37.36 council shall coor
38.1 and shall develop
38.2 caused to the public by crimin�
3°.3 activities within the state of
38.9 strategy, the council shall co:
38.5 the community services divisio�.
38.6 corrections and federal probat.
38.7 United States district court o
38.8 practicable, the strate must
38.9 operatinq in the state regardl
38.10 or ethnicity of the qangs` mem
38.11 criminal gangs in both the met
38.12 Minnesota. The council shall
38.13 the needs of law en£orcement a
38.14 in qreater Minnesota in develo
38.15 must tarqet individuals or qro
38.16 behavior, not their physical a�
38.17 into account the rights of gro
38.18 strike force mav taraet and pr
ess
0
a chieTS o
lr iileqal
developing the
sentatives from
ta department of
loyed by the
far as
minal qanqs
or the motivation
egy must address
nd greater
take into account
ecutorial offices
y. The strategy
ir criminal
strateav must take
Page 27 of ll5
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[COORDINATION AND STRATEGY.) (a) The
dinate the efforts of the two working groups,
an overall strateav to eliminate the harm
S.F No. 1880, 2nd Engrossment
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38.21
38.22
38.23
38.24
38.25
38.26
38.27
38.28
38.29
38.30
38.31
38.32
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38.34
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39.2
39.3
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39.29
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S.F No. 1880, 2nd Engrossment
40.11
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41.3A
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41.36
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42.2
on a
[COMMANDERS.j The law enforcement workinq qroup
te a law enforcement officer who is a member o£ the
serve
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S.F No. 1880, 2nd Engrossment
42.3 qenerally advise the council on
42.4 deems appropriate. The council :
�2_5 attorneys and, if the council de
42.6 may retain outside counsel.
42.7 Subd. 8. [REQUIRED REPORT.]
42.8 the council shall report to the
92.9 oP representatives committees or
42.10 over criminal justice policy and
92.11 the council and strike iorce.
matters that the
42.12 Sec. 5. [299A.627] [JURISDICTION AND LIABILITY.]
42.13 Subdivision l. [STATEWIDE JURTSDICTION.] Law en1
42.14 of£icers who are members of the
42.15 jurisdiction to conduct criminal
42.16 same powers o£ arrest as those p
42.17 Prosecutors who are members of t
42.18 powers of county and city attorn
42.19 investiqated by the law en£orcem
42.20 strike £orce throughout the stat
42.21 Subd. 2. [LIABILITY AND WORK
92.22 operatinq under the scope of thi
42.23 force are "employees of the stat
42.24 and are considered employees of
42.25 for purposes of chapter 176.
ons and possess the
s
' COMPENSATION.] While
oY nublic
42.26 Sec. 6. [299A.628] [GRANT PROGRAMS.]
42.27 Subdivision 1. [REIMBURSEMENT GRANTS AUTHORIZED.] The
42.28 commissioner of public safety, u
42.29 council, may award grants to loc
42.30 county attorney's and sherif£'s
42.31 that have contributed members to
§2.32 persons to replace those who hav
42.33 cover a two-year period and reim
42.39 maximum oP 100 percent o£ the sa
42.35 to the strike force. A recipien
42.36 subdivision must use the money t
93.1 the person who has joined the st
93.2 complement of employees at the s
43.3 used to pay for equipment or uni
43.4 Subd, 2. [GRANTS TO EXPAND L
43.5 CRIMINAL GANGS.] (a) The commiss
43.6 recommendation of the council, m
43.7 enforcement agencies and city an
43.8 expand the aqency's or oPfice's
93.9 investiqate and prosecute crimes
43.10 (b) Grant applicants under th
43.11 the commissioner and the council
43.12 uses for which the money will be
43.13 council shall evaluate qrant app
43.14 -'
43_15
43.16
43.17
43.18
43.19
43.20
43.21
43.22
43.23
43.24
43.25
43.26
43.27
43.28
43.29
43.30
a
s
replace
ng its
mav not be
APACITY TO COMBAT
of oublic safetv,
u
a
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S.F No. 1880, 2nd Bngrossment
43.31 Sec. 7.
43.32 SYSTEM.]
43.33
43.34
43.35
a3.36
44.1
94.2
44.3
44.4
94.5
44.6
44.7
aa_g
44.9
44.10
44.11
44.12
44.13
44.14
44.15
44.16
§4.17
44.18
44.19
44.20
44.21
44.22
44.23 (12 the individual h
44.24 or identifying characte
44.25 the criminal gang overs
44.26 requixed by the council
44.27 (2) the individual h
4A.28 misdemeanor or felony o
44.29 adjudication as a juven
44.30 misdemeanor or felony i
44.31 Subd. 3. [CLASSIFIC
44.32 criminal gang investiqa
44.33 individuals as defined
44.34 accessible to law enfor
44.35 the criminal justice ag
44.36 Subd. 4. [AUDIT OF
45.1 sha11 conduct periodic
45.2 that documents inclusio
45.3 investiqative data syst
45.4 validity, completeness,
45.5 system. The bureau has
45.6 purposes of conducting
45.7
45.8
45.9
45.10
45.11
45.12
45.13
45.14
45.15
45.16
45.17
45.18
45.19
45.20
45.21
45.22 AGENTS TO STRIKE FORCE.
ight council uncter section ZyyH.bZ6 as
; and
as been convicted o£ a gross
r has been adjudicated or has a stayed
ile for an offense that would be a gross
f committed by an adult.
ATION OF DATA IN SYSTEM.) Data in the
tive data system are confidential data on
in section 13.02, subdivision 3, but are
cement aqencies and may be released to
encies.
DATA SUBMITTED TO SYSTEM.] The bureau
random audits of data under subdivision 2
n of an individual in the criminal qanq
em for the purpose of determining the
and accuracy oP data submitted to the
access to the documenting data for
an audit.
Page 31 of 115
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[299C.091] [CRIMINAL GANG INVESTIGATIVE DATA
S.F No. 1880, 2nd Engrossment
45
45
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a5
e5
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45
45
45
a5
95
95
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Q7
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23
24
25
26
27
28
29
30
31
32
33
3fl
35
36
1
2
3
7
8
9
10
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13
1§
15
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Sec. 9. [P
STRZKE FORCE.]
The attorne
IGNMENT OF ASSISTANT ATTORNEY GENERAL TO
sha11 assian an assistant att
te exclusive
Page 32 of 115
in � '.1 _L� J j�d
(
Minnesota Statutes, sections 299A.625 to 299A.628, expire
June 30, 2001_
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 10 are ef£ective July 1, 1997.
ARTICLE 4
CHILDREN IN NEED OF PROTECTION OR
SERVICES PROVISIONS
Section 1. Minnesota Statutes 1996, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fu1fi11 the
responsibilities prescribed in section 256E.08, subdivision l,
to the £ollowing groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,—
and their children, and other adolescents;
(2) persons, includinq adolescents, who are under the
guaxdianship of the commissioner of human services as dependent
and neglected wards;
(3) adults who are in need of protection and vulnerable as
de£ined in section 626.5572;
(4) persons age 60 and over who are experiencing dif£iculty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents,
chronically and acutely mentally il1 persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(6) pexsons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision la, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons, including
adolescents, as defined in section 254A.02, subdivisions 5 and
7, and persons, including adolescents, at risk of harm to self
or others due to the ingestion of alcohol or other drugs; -
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; a-t�
(9) children and adolescents involved in or at risk of
involvement with criminal activitv: and
(10) ather groups of persons who, in the judqment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
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�i � - yg8
Identificatian of Gang Members
A gang is a group or association of three or more persons who may have a common identifying
sign, symbol or name, and who individually or collectively engage in criminal activity. An
individual is identified as a gang member based on verifyin� at least three o the ollawing
criteria and thev have a convictiord� udication�'or a gross misdemeanor or j'elorrX:
1. Admits gang membership or association.
2. Is observed to associated on a regular basis with known gang members.
3. Has tattoos indicating gang membership.
4. Wears gang symbols to idemify with a specific gang.
5. Is in a photograph with known gang members andlor using gang hand signs.
6. Name is on a gang document or gang-related graffiti.
7. Is identified as a gang member by a reliable source.
8. Arrested in the company of identified gang members.
9. Corresponds with know gang members or writes and/or receives correspondence about gang
activities.
10. Writes about gangs on wa11s, books, paper, etc.