>> [GAVEL]
>> CHAIR
MARIANI: [INAUDIBLE] BUT THEY ARE COMING. THEN; WE
TACTILELY APPROVE THE MINUTES
BUT WE POINT OUT WE STILL NEE
D SOME INFORMATION TO THAT OF BEING SPECIFIC ABOUT THE AMENDMENTS BEING OFFERED AT THE LAST MEETING SO WE WILL HOLD OFF
ON MOVING MINUTES UNTIL THE
NEXT TIME WE CONVENE.
WITH THAT; WE HAVE A PRESENTATION
FROM THE
[INAUDIBLE] SO TO GET STARTED HIM AND ASKED MR. -- TO COME ON FORWARD AND GIVE US
HIS TESTIMONY AND GET
US GOING.
GOOD AFTERNOON. >> TESTIFIER: GOOD AFTERNOON
MR. CHAIR AND MEMBERS. I MADE GROWTH OF THE
MINNESOTA BOARD OF PEACE OFFICERS STANDARDS AND TRAINING. COMMONLY REFERRED TO AS THE POSTER BOARD.
I JUST WANTED TO PROVIDE AN UPDATE TO
THE COMMITTEE ON THE POST
BOARDS EFFORT TO IMPACT
TO IMPROVE THE QUALITY OF LAW
ENFORCEMENT INVESTIGATIONS CONCERNING SEXUAL
ASSAULT CRIMES. THE BOARD; SINCE
LAST SEPTEMBER; HAS BEEN WORKING
TO A WORKGROUP OF OUR STANDARDS COMMITTEE TO DEVELOP A
MODEL POLICY. CHIEF STEPHANIE
-- TO MY RIGHT OF THE CRYSTAL THE POLICE DEPARTMENT CHAIRED THAT WORKGROUP. BUT AT LEAST 14 MEMBERS
ADVOCACY; LAW ENFORCEMENT LARGE AND
SMALL INVESTIGATORS
TO DEVELOP WHAT WE FEEL IS AN APPROPRIATE
POLICY AND IT IS SORT
OF THE --
WHAT'S EXPECTED. SO I AM HAPPY TO REPORT THAT IT WAS PASSED UNANIMOUSLY
BY BOARD LAST THURSDAY AT A BOARD MEETING AND IT'S BEEN SENT OUT TO ALL OF THEAPPROXIMATELY 435
ENFORCEMENT AGENCIES IN THE CHIEF LAW ENFORCEMENT OFFICERS;
YESTERDAY. I VERIFY THAT WITH CHIEF -- AS
WENT THROUGH. IT IS ALSO ON OUR WEBSITE
. THE SPECIFIC AREAS OF
IT REALLY IT'S ABOUT A 10 PAGE POLICY
. IT REALLY FOCUSES ON THREE
IMPORTANT AREAS. THAT THIS IS A VICTIM CENTERED RESPONSE
TO THIS TERRIBLE CRIME. IT INVOLVES
HOW LAW
ENFORCEMENT COMMUNICATES
TO VICTIMS. IT ALSO FOCUSES ON TRAUMA
. THAT THERE IS INFORMED
INTERVIEWING TECHNIQUES AND CERTAINLY ELEMENTS OF AN APPROPRIATE
INVESTIGATIVE RESPONSE REALIZING THAT THESE ARE
COMPLEX CASES. THERE'S A LOT OF NUANCES AND VARIATIONS COULD A
LOT OF OFFICER
UNDETECTED DISCRETION. BUT IT IS OUR VIEW AND THE BOARD VOTED UNANIMOUSLY THAT IT SHOULD BE A MANDATED
POLICY AND I READ IT
NUMEROUS TIMES AND NOTHING JUMPS OUT OF ME THAT SAYS A
SMALL AGENCY CAN'T DO THIS. WE ARE TALK
ABOUT IDENTIFYING AND
COLLECTING EVIDENCE; INTERVIEWING SUSPECTS;
AND WITNESSES;
AND CERTAINLY THERE MAY BE INSTANCES OF CASES THAT
NEED ADDITIONAL ASSISTANCE FROM
OTHER AGENCIES.. THAT IS NOT
UNCOMMON NOW WITH
COMPLEX CASES. THE POLICY STARTS OUT REALLY REINFORCING THAT
IT'S UNDERREPORTED THAT THIS CRI
ME OF SEXUAL ASSAULT ARE UNREPORTED TO THE LAW ENFORCEMENT GOAL IS TO IMPROVE
THE VICTIM EXPERIENCE IN
REPORTING THIS SO THAT MORE PEOPLE ARE ENCOURAGED TO REPORT
AND VICTIMS
ARE MAINTAINING ENGAGEMENT WITH THE CRIMINAL
JUSTICE SYSTEM
WHICH CAN LEAD TO SUCCESSFUL PROSECUTIONS
HOLDING SUSPECTS ACCOUNTABLE IN
PUBLIC SAFETY.
THE BILL HAS A NUMBER
OF DEFINITIONS IT'S INTERTWINED WITH THE
REQUIREMENTS CONCERNING
MANDATED REPORTING
VULNERABLE ADULTS; THE DOMESTIC VIOLENCE
POLICY AND STATUTES THAT APPLY
BUT TALKS ABOUT PROCEDURES
FOR COMMUNICATIONS PERSONNEL TO WHICH THE POSTER BOARD DOES NOT REGULATE BUT HAVE A ROLE IN THE TYPES OF INFORMATION THAT THEY MAY IN CERTAIN INSTANCES WANT TO MAKE SURE THAT THEY ARE COMMUNICATING TO THE VICTIM
WHICH WOULD BE HELPFUL. FOR RESPONDING OFFICERS. THEY TALKS ABOUT THE INITIAL OFFICER RESPONSE AND WHAT IS
EXPECTED. CONNECTING EARLY ON IN
THE INVESTIGATION; THE VICTIM
OF LOCAL VICTIM ADVOCACY AS SOON
AS POSSIBLE. UNDERSTANDING THAT
IT'S IMPORTANT ON WHAT SERVICES
ARE AVAILABLE. ENSURING THE VICTIM SURVIVOR UNDERSTANDS
IT COULD GO TO A DESIGNATED
FACILITY FOR A FORENSIC MEDICAL EXAM. IT TALKS ABOUT VICTIM INTERVIEW. UNDERSTANDING THAT
THIS TYPE OF A
TERRIBLE CRIME;; IT IS NOT
ALWAYS INVESTIGATIVE AND LINEAR STANDPOINT. THAT IT
IS IMPORTANT ON HOW
TO ELICIT THE BEST MEMORIES FROM
THE VICTIM AT VARIOUS POINTS IN
THE INVESTIGATION TOGETHER DETAILON
WHAT OCCURRED.
THAT VICTIMS DO THROUGH THE TRAUMA THEY
HAVE EXPERIENCED MAY HAVE A GREAT DEAL OF DIFFICULTY REMEMBERING
THE INCIDENTS IN A REAL CAR LOT
CHRONOLOGICAL FASHION. THEY MAY REMEMBER ADDITIONAL DETAILS IN THE WEEKS AND DAYS TO FOLLOW THE ASSAULT. WE TALK ABOUT
SPECIAL CONSIDERATIONS; MINORS AND VULNERABLE ADULTS AND AS I TOUCHED ON DOMESTIC ABUSE VICTIMS
. WE UNDERSTAND THAT THERE ARE A NUMBER
OF AREAS THAT IF THERE ARE CHANGES
INTO CERTAIN STATE STATUTES THAT WE MAY HAVE TO UPDATE THIS POLICY BUT THAT'S NOT UNCOMMON WITH OTHER POLICIES
THAT WE UPDATE. WHEN WE TALK ABOUT PROTECTING
VICTIMS RIGHTS; EVIDENCE
COLLECTION; CONSIDERATIONS FOR
EVIDENCE COLLECTION.
THE SEXUAL ASSAULT MEDICAL
FORENSIC EXAMINATION. CONTACTING AND
INTERVIEWING SUSPECTS AND SOME
REAL BASIC RUNNING
BACKGROUND CHECKS. CONSIDERING IF THERE IS
-- INTERVIEWS WITH THE SUSPECT SHOULD BE DONE IN PERSON IF AT ALL POSSIBLE BUT THERE ARE INSTANCES WHEN A MONITORED CALL BY LAW ENFORCEMENT TO THE VICTIM TO
A SUSPECT ESPECIALLY A NON-SUSPECT HAS BEEN VERY SUCCESSFUL IN THE PROSECUTION.
SO AGAIN WE HAVE A SECTION;;
THE FINAL CONCEPTION OF WHAT IS THE ROLE OF THE SUPERVISOR.
TALK
ABOUT A CASE REVIEW AND CASE SUMMARY COULD SO THAT AGENCIES HAVE A HANDLE
ON CASE DISPOSITIONS? ARE THE DECISIONS
BE MADE? THE BOARD; WE DON'T WANT TO WEIGH IN TWO
SUBJECTIVE DECISION JUDGMENTS
. EXPERIENCED INVESTIGATORS;
SUPERVISORS; EXECUTIVES AND
LAW
ENFORCEMENT AGENCIES ARE IN A POSITION TO DO THAT. I'M AWARE THERE'S A NUMBER OF AGENCIES THAT HAVE A FAR MORE DETAILED
POLICY CURRENTLY IN PLACE SUCH AS THE ST. PAUL POLICE DEPARTMENT. BASED ON THEIR OWN
SEXUAL ASSAULT INVESTIGATIVE UNIT OF THEIR PROTOCOLS; THE AVAILABLE RESOURCES WITHIN RAMSEY COUNTY. SO WE SET THIS AS A -- AS WHAT THE
BASE APPROPRIATION IS WITH THE EXPECTATION
ABOUT WITH A REASONABLE DETAIL
; REALIZING THAT WE DO NEED TO
REALIZE THAT 75% OF MINNESOTA'S
430 LAW ENFORCEMENT AGENCIES OF 25 OFFICERS
ARE LESS. I HIGHLY DOUBT THEY HAVE
A DEDICATED SEXUAL ASSAULT
INVESTIGATION UNIT. SO GENERAL
CASE INVESTIGATORS. BUT THIS IS SOMETHING THAT WE HAVE
PUT TOGETHER
AND I'M JUST I'M VERY APPRECIATIVE OF THE WORK OF
THE CHIEF -- AND ADVOCACY
GAVE THE POSTER BOARD A LOT OF INPUT
ON THIS. A GREAT DEAL
OF INPUT. SO THAT WE
CAME UP WITH SOMETHING THAT WE THINK
IS REASONABLE AND WORKABLE AND CAN
BE IMPLEMENTED. >> CHAIR MARIANI: THANK
YOU; DIR.
STEFAN CONGRATULATIONS ON THE RECENT DECISION VOTING OF
HOUSEWORK TO MOVE THIS FORWARD AND THEN MOVING IT FORWARD AS QUICKLY AS
YOU DID. MEMBERS COME I THINK
YOU'LL SEE THE POLICY IS NOW ON
YOUR WEBSITE >> TESTIFIER: YES. ON
OUR HOMEPAGE
>> CHAIR MARIANI: OKAY; VERY GOOD YOU COULD GO
THERE AND VIEW IT AS WELL. I KNOW REPRESENTATIVE O'NEILL HAS
A QUESTION BUT I WONDER IF WHAT WE CAN HEAR FROM THE CHIEF FIRST? IS THAT OKAY?
VERY WELL. WELCOME; CHIEF. WELCOME TO THE COMMITTEE AND LISA YOUR NAME FOR THE RECORD >> TESTIFIER: THANK YOU REPRESENTATIVE I APPRECIATE BEING YOUR TICKET AS MR. -- SAID MY NAME IS STEPHANIE'S
BEHALF AND POLICE CHIEF OF THE CRYSTAL POLICE DEPARTMENT AND GENERATE 2018 GOV. DAYTON APPOINTED ME
TO THE VACANT ONE YOUR SPOT FOR THE POST BOARD IN A BEEN SITTING ON THE BOARD SINCE. AT AT THE
JULY 2018 POST BOARD MEETING
[INAUDIBLE] TO CONVENE A WORKING ON SEXUAL
ASSAULT INVESTIGATIONS. TO DEVELOP A
MODEL POLICY AND I WAS ASKED TO CHAIR THAT
WORKING GROUP. WE
HAD APPROXIMATELY14 KEY STAKEHOLDERS AT
THE TABLE FROM AUGUST 2018 THROUGH
DECEMBER 2018. HAVING SIX MEETINGS IN SEVERAL EMAIL AND
PHONE CONVERSATIONS. THOSE KEY STAKEHOLDERS INCLUDED CHIEF LAW ENFORCEMENT OFFICERS; FROM BOTH MIDSIZE AND SMALLER AGENCIES;
COMMAND STAFF FROM LARGE AND SMALL AGENCIES; AND INVESTIGATIVE
ANOKA COUNTY WAS ALSO THE PRESIDENT
OF THE SEX CRIMES ASSOCIATION;
AND SEVERAL ADVOCATES
WERE INSTRUMENTAL IN DRAFTING
THIS POLICY. WE DISCUSSED AT
GREAT LENGTH THE NEED TO ENSURE THE MODEL POLICY WOULD FIT INTO ALL SIZE AGENCIES.
ESPECIALLY AS MR. >> REPRESENTATIVE ECKLUND: SAID SINCE 70% OF MINNESOTA POLICE AGENCIES HAVE FEWER THAN 10 OFFICERS. WE ALSO DISCUSSED THE IMPORTANCE OF THE FOLLOWING: NUMBER ONE; RECOGNIZING THE SERIOUSNESS OF
SEXUAL ASSAULT AND TAKING A VICTIM
CENTERED APPROACH TO INVESTIGATE
THESE CRIMES.
NUMBER TWO; HAVING AN ADVOCATE PRESENT WHEN POSSIBLE DURING THE INVESTIGATION.
NUMBER THREE; HAVING SUPERVISORS REVIEW SEXUAL ASSAULT REPORT AND MAKING SURE NECESSARY STEPS ARE TAKEN DURING THE
INITIAL RESPONSE THROUGHOUT THE ENTIRE INVESTIGATION. FINALLY; NUMBER FOUR; HAVING A SU
PERVISOR ENSURE CASES ARE REVIEWED ON AN
ONGOING BASIS. THAT SUMS UP WITH THE GROUP
THE WORKING GROUP SETTLED ON THEM HERE FOR ANY QUESTIONS THEY MAY HAVE. >> CHAIR MARIANI: TERRIFIC. THANK YOU; JEEVAN THANK YOU FOR YOUR LEADERSHIP ON THIS IMPORTANT ISSUE. AS WELL. WE DO HAVE A QUESTION FROM
REPRESENTATIVE
O'NEILL SPINELLI THANK YOU; MR. CHAIR.
SO GLAD TTO HAVE YOU BOTH HERE TODAY
IT'S BEEN >> REPRESENTATIVE O'NEILL:
THANK YOU; MR. CHAIR
SO GLAD TO HAVE YOU HERE TODAY
AND ASK SOME SPECIFIC QUESTIONS MAYBE COVER AT A HIGHER LEVEL BUT WHEN IT YOU'RE DOING THE
TRAUMA WORK INTERVIEWING TO TALK ABOUT THE FACT THAT THE VICTIMS ACTUALLY DO CHANGE THE STORIES?
THE DARK BY THE TIME I IT DOESN'T ALWAYS MATCH WITH OTHER CRIME VICTIMS
MIGHT TELL X; Y; AND Z BUT MAYBE THEY'LL
GO X; Y AND COME BACK TO IT SOUND LIKE THE CHANGE IN THE STORY WHICH IS SOMETIMES A HINDRANCE TO PROSECUTION BECAUSE
I LITERALLY HAD WE CAN PROSECUTE THIS BECAUSE THE VICTIM CHANGED THE
STORY AND VICTIMS CHANGE THEIR START.
THAT'S THE NATURE OF THE CRIME AND THE TRAUMA. SO IF YOU COULD ADJUST THAT I'M A COUPLE OTHER QUICK QUESTIONS.
FOR YOU SPECIFIC ALSO
IN INTERVIEWING OUTCRY WITNESSES? I DO NOT HEAR THAT SPECIFICALLY BUT MAYBE THAT WAS A DISCUSSION TO MAKE SURE THAT ANYONETHAT REACH
OUT TO [INAUDIBLE] OR THE DAY AFTER OR TWO DAYS AFTER THE TRAUMA HAPPENED THE
CRIME HAPPENED; BUT THEY TOLD IN GREATER DETAIL MAYBE TO THE BEST FRIEND OR MOTHER OR BROTHER WEATHERWISE. THAT MIGHT
BE REALLY
CRUCIAL PART OF THE INTERVIEWING PROCESS IS
THE OUTCRY
AS EYEWITNESSES AND THEN THE
LAST POINT I'M JUST MAKING SURE YOU COVER ALL THESE POINTS-TO-THEY MAKE A SPECIFIC CONCERTED EFFORT TO MAKE SURE THERE
GATHERING TEXTBOOK MESSAGES OR FACEBOOK MESSAGES OR ANY COMMITTEES BETWEEN THE VICTIMS AND THE OFFENDER.
BECAUSE THERE'S LOTS AND LOTS OF EVIDENCE ARE USUALLY IN SOMETHING
LIKE THAT. MOST OF THOSE CRIMES ARE WITH
FAMILIAR PEOPLE.
THOSE ARE THE THREE THINGS I WANT TO MAKE SURE THAT AT LEAST TO TALK ABOUT IN SOME LEVEL AND IT BECOMES
PART OF THE MODEL POLICY.
>> TESTIFIER: YES. REPRESENTATIVE O'NEILL A MINISTER WITH NUMBER THREE FIRST BECAUSE THAT'S WHEN THE EASIEST FOR ME TO ANSWER THE
YES IS THE INTERNET REGARDING THE TEXT MESSAGES. AT SOMETHING THE ADVOCATES BROUGHT UP ACTUALLY RIGHT AWAY AND THAT IS IN THE POLICY THAT WE WILL MAKE SURE THAT
IT IS WE RECEIVE ALL TEXT MESSAGES AND IS RELATED TO SOCIAL MEDIA AT ALL AND IS HE RELATED TO ACTUALLY COMPUTER FORENSIC OR ANYTHING ELSE. THEN; YOUR
SECOND QUESTION THE OUTCRY WITNESS BUT THAT WAS
ALL DISCUSSED
ALSO AS WELL. REGARDING THE
FACT THAT OTHER WITNESSES MAY NOT BE PRESENT
OBVIOUSLY WHEN WE COME TO THE SCENE THAT WAS DISCUSSED AND IT IS I BELIEVE IN THERE AND I WILL TAKE A FEW MINUTES TO LOOK AT IT BUT IT DOES DISCUSS THAT WE NEED TO ASK FOR
THEIR WITNESSES THAT WERE ON SCENE OR NOT ON SCENE REGARDING THE CRIME ITSELF. THEN; YOUR FIRST QUESTION REGARDING
THE CHANGE WE DEFINITELY TALK
ABOUT THAT. THAT SOMETHING I BELIEVE IS ALSO
IN THEIR AND I CAN POINT IT OUT TO AS SOON AS I CAN LOOK AT IT BUT I AM POSITIVE ALL THREE THINGS THAT YOU ADDRESSED
WE
CERTAINLY TALKED ABOUT AT THIS WORKING GROUP MEETING AND ADJUST THE POLICY. >> CHAIR MARIANI: DIRECTOR --
>> TESTIFIER:
MR. CHAIR; REPRESENTATIVE
O'NEILL; YES UNDER THE
INITIAL OFFICER RESPONSE IT
IS SPECIFICALLY DIRECTS THE OFFICER TO ATTEMPT TO INTERVIEW
POTENTIAL WITNESSES AND ANYONE THE VICTIM TOLD ABOUT THE
SEXUAL ASSAULT AND IN ADDITION; IT DOES LIST UNDER INTERVIEWING THE VICTIM;
A SPECIFICALLY
RELEVANT COMMUNICATION THROUGH
SOCIAL MEDIA
EMAIL; TEXT MESSAGES; OR ANY OTHER FORMS
OF COMMUNICATION.
>>
CHAIR MARIANI: VERY WELL. WE'VE A
QUESTION FROM >> TESTIFIER: IF AND YOU ARE DONE REPRESENTATIVE O'NEILL?
I COULD WEAVE A QUESTION FROM
CHAIR ALBRIGHT >> REPRESENTATIVE ALBRIGHT:
>> REPRESENTATIVE CONSIDINE:
THANK YOU; MR. CHAIR
[INAUDIBLE] IF YOU HAVE A
TRAUMATIZED VICTIM THAT
HAS DEVELOPED A REPORT AND MAKES THE REQUEST [INAUDIBLE] SHOULD
THE OFFICER
STILL LEAVE OR IS THERE
SOMETHING MISSING >>
TESTIFIER: NO. - SORRY - REPRESENTATIVE; IF THEY DO DECIDE IF THEY HAVE A REPORT
THAT AFTER THEY WANT
THE OFFICER TO STAY THEY CERTAINLY CAN DO THIS IS JUST SAYING
>> REPRESENTATIVE CONSIDINE: IS OPERA HAVE
IT PROHIBITED >>
TESTIFIER: EXACTLY>> REPRESENTATIVE CONSIDINE: THANK YOU VERY MUCH >> CHAIR MARIANI:
CHAIR JOHNSON >> REPRESENTATIVE JOHNSON:
THANK YOU; MR. CHAIR I WANT TO THANK YOU FOR PUTTING THIS BASIC MODEL
POLICY TOGETHER. READING THIS BRINGS
BACK MEMORIESFOR ME ABOUT 15
YEARS AGO IN MY DEPARTMENT
PUT ONE OF THESE IS MORE COMPETENT THAN
THIS TOGETHER.
WE ACTUALLY; OUR DEPARTMENT AS HE WAS WITH A
[INAUDIBLE] AND WE PUT A VERY DETAILED POLICY TOGETHER THE WORKS VERY WELL.
I SEE THAT YOU DID HAVE IN THEIR
SOMEWHAT TALKING AND
WORKING WITH THE VICTIM RIGHTS ADVOCATES
BUT I DIDN'T NOTICE ANYTHING ABOUT THE COUNTY ATTORNEY'S OFFICE.
BECAUSE THEY ARE VALUABLE FOR INFORMATION AS WELL. HELPING
GETTING PROSECUTIONS PUT TOGETHER BETTER BECAUSE THEY MIGHT SEE SOME INFORMATION THAT
IS MISSING THAT THE INVESTIGATING OFFICER MIGHT BE ABLE TO GO FIND.
>> TESTIFIER: REPRESENTED WE DID TALK WITH US AT THE WORKING GROUP ABOUT PROSECUTION AND WHETHER OR NOT WE SHOULD PUT THIS INTO THE POLICY. HOWEVER;
IF I REMEMBER CORRECTLY; THE REASON WHY WE DIDN'T IS BECAUSE WE FEEL THIS IS A MODEL POLICY FOR LAW ENFORCEMENT AGENCIES; NOT FOR THE PROSECUTION PIECE. SO FOR US AS LAW ENFORCEMENT
WE DO WITH THE PROSECUTION
PIECE AFTERWARDS COME AFTER
THE INVESTIGATION
. DURING AS WELL DURING THE INVESTIGATION OBVIOUSLY BUT ALSO
MORE SOWHEN WERE DOING WITH THE VICTIM DURING THE INVESTIGATION WERE NOT NECESSARILY DEAL WITH PROSECUTION. SO I WOULD NEVER TALK ABOUT THE
AT THIS MEETING BUT WE DECIDED NOT TO HAVE ANYTHING WITH REGARD TO PROSECUTION IN THE POLICY. >> CHAIR MARIANI:
CHAIR JOHNSON >> REPRESENTATIVE JOHNSON: THANK YOU FOR THAT.
FOR MY OWN EXPENSE IS VERY GOOD TO HAVE
THE COUNTY ATTORNEY'S OFFICE INVOLVED IN THIS IN HELPING
BECAUSE WE DON'T KNOW WHAT THEY'RE LOOKING FOR TO GET THE
PROPER INFORMATION
PUT A GOOD CASE TOGETHER IT'S VERY DIFFICULT FOR THEM TO PUT A
CASE TOGETHER ON THE BACKSIDE
I KNOW IN THE CASES I WORKED;
MY GOAL WAS TO PUT A
CASE TOGETHER AND NEVER WENT TO COURT BECAUSE
THE PERPETRATOR PLEADED GUILTY. WE NEED TO DO EVERYTHING WE CAN TO HELP THESE VICTIMS B
ECAUSE THEY ARE A VICTIM OF THE CRIME OCCURS. THEY ARE VICTIM WHEN IT'S REPORTED BECAUSE IT CAN BE
VERY DETAILED QUESTIONS
THAT THE INVESTIGATOR HAS TO ASK
THE INDIVIDUALS. THERE ARE
VICTIMIZED AGAIN
WHEN THEY HAVE TO PREPARE TO GO TO COURT
SHOULD END UP GOING TO COURT. THEY ARE VICTIMIZED AGAIN ON
THE STAND AND THEY ARE VICTIMIZED
EVERY TIME THERE'S A CONTINUANCE OF THE TRIAL.
SOI HOPE WE GET THE BEST CASE
TOGETHER SO PEOPLE DON'T HAVE TO BE VICTIMIZED AGAIN. >> CHAIR MARIANI:
REPRESENTATIVE O'NEILL IS THIS ON THIS POINT I TAKE IT?
REPRESENTATIVE
O'NEILL SPINELLI THANK YOU; MR. CHAIR. SO ONE
OTHER PIECE >>
REPRESENTATIVE O'NEILL: THANK YOU;
MR. CHAIR ONE OTHER PIECE OF HER TO VICTIMS
SOMETIMES LAW ENFORCEMENT DOES NOT GO TO THE SCENE OF THE CRIME AND COLLECT EVIDENCE THAT THE PART OF THE POLICY IN ADDITION TO -- I APPRECIATE WHAT CHAIR JOHNSON WAS TALKING
ABOUT WHERE
COORDINATION WITH PROSECUTION BECAUSE THAT'S INCREDIBLY IMPORT
ANT BUT ONE PIECE THAT SEEMS TO BE MISSING IS MAYBE THE EVIDENCE COLLECTION
; RETURNED TO THE SCENE AND TAKING PICTURES
AND VETTING? >> CHAIR MARIANI: CHIEF
IN MY DANCING YOUR NAME
CRACKLY? CHIEF >>
TESTIFIER: REPRESENTATIVE I BELIEVE THAT'S ON PAGE 9 UNDE I
[INAUDIBLE] FROM
THE SUSPECT. WE KNOW AS LAW ENFORCEMENT IS IMPERATIVE TO MAKE SURE WE
HAVE EVIDENCEA
ND WE CERTAINLY WILL GO TO THE SCENE OF THE INCIDENT AND MAKE SURE THAT WE DO COLLECT ALL THE EVIDENCE THAT IS IN
THE POLICY. >> CHAIR MARIANI: VERY WELL. WE OFA QUESTION FROM CHAIR --
>> REPRESENTATIVE
--: >>
REPRESENTATIVE PINTO: [INAUDIBLE] I
FEEL LIKE I HAVE FOUND IN MY WORK
THATLAW ENFORCEMENT
IS MAKING GUESSES AS TO WHAT CAN BE HELPFUL FOR
THE CASE IT SO HELPFUL TO
HAVE THAT
CLOSE RELATIONSHIP. I ASSUME THAT TO THE COUNTY ATTORNEY ASSOCIATION COUNTY
ATTORNEYS ARE AWARE OF DISPOSING OF THEIR CONCERNS WITHOUT A NO SPEAK UP. LOOKS REALLY GOOD TO ME. I HAVE
A QUESTION THOUGH THAT MAY BE STEPS BACK JUST
ONE NOTCH WHICH IS ABOUT THESE MODEL POLICIES
IN GENERAL. I WAS
PROSECUTING DOMESTIC CASES FOR QUITE A WHILE AND I THINK
[INAUDIBLE] BEFORE REALIZING THAT
THE POST BOARD EVEN HAD A DOMESTIC VIOLENCE MODEL POLICY
AND I THINK MANY OF US HAVE THE REACTION OF SAYING;
IT'S AMAZING HE WOULD NEVER HAVE THIS POLICY AND IT'S GOOD TO
HAVE IT. WE WILL BE HEARING THE BILL SHORTLY ABOUT INCREMENTING
A POLICY
LIKE THIS BUT IN THE ABSENCE OF THAT WHAT IS
THE IMPACT OF THESE POLICIES
? I THINK SOMETIMES AND LOOKING FROM THE
OUTSIDE WELL WE'VE GOT THESE LIST OF
POLICIES BUT ARE THEY REALLY DOING ANYTHING
.. ARE THEY REALLY BEEN USED IN A
KIND OF CONCRETE PRACTICAL WAY? ANY THOUGHTS ON THAT EITHER CHIEF OR
MR. -- >> TESTIFIER:
MR. CHAIR; REPRESENTATIVE PINTO; I CAN
TELL YOU THAT
I RECEIVED FAR MORE PHONE CALLS FROM CHIEFS AND SHARES THAT I HAVE IN
THE PAST ABOUT HEY DO YOU HAVE A
POLICY READY CAN I SAY? WE ALREADY HAVE ONE. I WANT TO MAKE SURE WE ARE
GETTING THIS AND IT IS LIKE WE TRY TO GET
PUT TOGETHER BUT IT'S ON
THEIR RADAR AND THEY ARE RESPONSIBLE FOR THAT. THEY CERTAINLY WANT
TO ENSURE THAT VICTIMS
RECEIVE JUSTICE. I MEAN THEY ARE THE BUSINESS OF
PUBLIC SAFETY AND I THINK THEY DO HAVE AN IMPACT
SOME MAY DISAGREE WITH ME
BUT AGAIN; AS LONG AS WE CAN
CRAFT A POLICY THAT CAN
BE IMPLEMENTED BY THE SMALLEST AGENTS; WHEN
WE KNOW THE MAJORITY OF AGENCIES ARE SMALL
. AND AGENCIES ARE CERTAINLY; BASED ON THEIR RESOURCES;
STAFFING AND
CALL VOLUME; ARE FREE TO HAVE EVEN MORE IN DEPTH
. SO IT IS SOMETHING THAT WE HAVE A
NUMBER OF MODEL POLICIES AND
MANDATED POLICIES AND OBVIOUSLY THIS ONE IS
CRITICALLY IMPORTANT. >>
REPRESENTATIVE PINTO: MAYBE ONE ANSWER A BENEFIT ON TOP OF ALL THE OTHER BENEFITS
OF THIS EFFORT IS I SUSPECT THE BABY SOME AGENCIES TO LOOK AT THE OTHER MODEL POLICIES
AND SAY [INAUDIBLE] IT DID OCCUR TO US WE SHOULD LOOK AT SOME OF THE OTHER POLICIES OF AREAS AS WELL THAT YOU HAVE. IF THEY HAD
NOT BEEN FOCUSED ON IT BEFORE. SO THANK YOU BOTH
IN THE WORKING GROUP FOR YOUR WORK. THANK YOU
MR. CHAIR >> CHAIR MARIANI: THANK YOU.
BASE CHAIR REPRESENTATIVE
EDELSON >> REPRESENTATIVE EDELSON: THANK YOU; MR. CHAIR THANK YOU FOR YOUR TESTIMONY
. THIS IS GREAT TO SEE THIS. I'M JUST GOES BECAUSE I WOULD SAY THAT
BEST PRACTICES
ARE REALLY CREATED EVERY DAY AND A EVOLVE.
SO THOUGH THIS IS GREAT I WOULD LOVE TO KNOW WITH THE
INTERACTION
BETWEEN DEPARTMENT LOOKS LIKE SO
THESE THIS POLICY DOES EVOLVE BECAUSE I'M SURE THERE'S OTHER DEPARTMENTS THAT
ARE EXPERIENCING WORKING WITH VICTIMS MORE THAN
OTHER DEPARTMENTS
. SOME HAVE MORE OFFICERS THAN OTHERS. LOVE TO KNOW WHAT THAT RELATIONSHIP LOOKS LIKE BETWEEN THE DEPARTMENTS?
>> TESTIFIER: MR.
CHAIR; MEMBERS >> CHAIR MARIANI: [INAUDIBLE]
>> TESTIFIER: I
WOULD'VE ANSWERED ANYWAY. JUST
ONE UNDERSTANDING CORRECTLY HOW WE INTERACT WITH
OTHER DEPARTMENTS? >> REPRESENTATIVE EDELSON: YES
. SO IN TERMS OF
GEOGRAPHICALLY OBVIOUSLY ALL THE OFFICERS ARE
SPREAD OUT VER
Y DIFFERENT AND THIS IS POLICY THINK OF THIS POLICY AT THE OFFICE MOST OF THE ABOUT HOW LOGISTICALLY
LIKE REPRESENTATIVE PINTO SAID HOW DOES THIS WORK WHEN THEY GET INTO THEIR HANDS? I AM WONDERING ARE THE WAYS FOR OFFICERS TO COLLABORATE ON BEST PRACTICES THAT THEY ARE SEEN IN THE FIELD OUTSIDE OF JUST GETTING A
PIECE PAPER TELLING THEM THIS IS THE BEST POLICY
I WANT TO KNOW WHAT IT ACTUALLY LOOKS LIKE WHEN THEY'RE TALKING TO EACH OTHER AND SAYING
ENOUGH SERVICES
TO ANOTHER HEY I DID THIS AND THIS WORKED WELL. WE
REALLY DID THE VICTIM
JUSTICE HERE. SO WHAT ARE THE INNER WORKINGS OF THE DEPARTMENT?
>> TESTIFIER: SO; THERE SEVERAL COUNTIES IN THE STATE OF SMART TEAMS AND THE SMART TEAMS
WORK COLLABORATIVELY THROUGHOUT THE STATE IN CERTAIN CITIES. MY CITY FOR EXAMPLE WE HAVE A DART TEAM WHICH IS SIMILAR TO SMART. HAS TO DO WITH DOMESTIC ABUSE RESPONSE TEAM. WE COLLECTIVELY MANY MANY CITIES IN THE
STATE HAVE MUTUAL AID AGREEMENT TO WORK COLLECTIVELY WITH OTHER CITIES AND SO IF THERE'S
A CRIME A HORRIFIC CRIME THAT OCCURS IN ONE CITY MAYBE THEY DON'T HAVE THE PERSONNEL
TO HANDLE IT THEY MAY FROM THIS INVESTIGATION OUT TO THE COUNTY THE COUNTY MAY BE DEALING WITH IT IF THEY DON'T HAVE THE PERSONNEL. WE DO WORK
VERY WELL TOGETHER IN LAW ENFORCEMENT AGENCIES KNOWING THERE'S OTHER RESOURCES
OUT THERE.
>> CHAIR
MARIANI: VERY WELL. ARE THERE ANY OTHER QUESTIONS?
ALL RIGHT. WELL CHIEF AND DIR.
; THANK YOU FOR BEING HERE TODAY BUT MORE IN POORLY THANK YOU FOR YOUR LEADERSHIP AND DEVELOPMENT OF THIS MODEL POLICY
FOR LAW ENFORCEMENT COMMUNITY
IN THE STATE OF MINNESOTA.
I WAS VERY STRUCK; DIRECTOR; BUT
YOUR RESPONSE TO THE FACT THAT
YOUR PHONE IS RINGING
THE CHIEFS FROM ACROSS THE STATE CALLING AND ASKING FOR
THIS GUIDANCE AND WHEN IT
'S GOING TO COME OUT. SO CLEARLY IT SEEMS TO ME THERE'S AN
IMPORTANT AWARENESS OF STEPPING UP TO BE
HELD ACCOUNTABLE
ON THE PART OF OUR LAW
ENFORCEMENT COMMUNITY. WE WOULD EXPECT NOTHING LESS.
TERRIFIC IMPORTANT THAT WE
HOLD OUR
PERPETRATORS ACCOUNTABLE. THOUGH WE DON'T LET [INAUDIBL
E] IN OUR SYSTEM TO GET IN THE WAY OF THAT. THAT WE SUPPORT
AND RESPOND TO VICTIMS AT AN
APPROPRIATE TIME. THERE'S THAT OLD SAYING ABOUT JUSTICEDELAYED IS JUSTICE
DENIED. SO I HOPE THAT WHAT WE'RE DOING IS GOING TO BE CLOSER
TO THE PURSUIT OF JUSTICE HERE AND I WANT TO THANK YOU BOTH
OF YOU FOR THIS EFFORT. >> TESTIFIER: THANK YOU >> TESTIFIER: THANK YOU >> CHAIR MARIANI: I
MEMBERS WE WILL MOVE TO HOUSE FILE 327
REPRESENTATIVE MOLLER
REPRESENTATIVE MOLLER; I
BELIEVE MOTION HERE IS FOR
HOUSE FILE 327
TO BE REFERRED TO WAYS AND MEANS WITH
A RECOMMENDATION
THAT IT BE RE-REFERRED TO THE COMMITTEE ON
GOVERNMENT OPERATIONS.
>> REPRESENTATIVE MOLLER: MR. CHAIR I THOUGHT THAT WAS
THE OTHER
HOUSE FILE. I THOUGHT THIS ONE IS GOING TO BE RECOMMENDED TO LAY OVER FOR
>>
CHAIR MARIANI: YOU ARE ABSOLUTELY
CORRECT. YES. I'M NOT HAVING THE BEST DAY TODAY. >>
>> [LAUGHING] >>
CHAIR MARIANI: WE ARE GOING TO GET IT STRAIGHT.
REPRESENTATIVE MOLLER YOUR MOTION IS TO HAVE
THIS BILL LAID OVER FOR
POSSIBLE INCLUSIONIN THE OMNIBUS BILL.
>> REPRESENTATIVE MOLLER: THAT IS CORRECT I THOUGHT YOU ARE TRYING TO TRIP ME UP THE FIRST TIME. I'M GLADI PASS THAT TEST AND I PASSED
THE BRINGING OF TREATS TEST SO THE COOKIES ARE MOVING AROUND FOR MEMBERS AND STUFF BUT YES THAT IS MY MOTION FOR HOUSE FILE 327 TO BE LAID OVER FOR POSSIBLE INCLUSION TO THE OMNIBUS BILL SHE >> CHAIR MARIANI: THANK YOU.
PLEASE; PROCEED >> REPRESENTATIVE MOLLER: I ALSO HAVE A MOTION FOR THE DELETE EVERYTHING AMENDMENT
DE --TWO TO
BE ADOPTED. >> CHAIR
MARIANI: MEMORY MEMBERS; YOU SHOULD OF THE DE - TO WITH YOU. SO REPRESENTATIVE
TIM MUELLER LAMENTS HER MOTION
ACTUALLY MOVES TO THE DELETE
ALL AMENDMENT
DE --TWO. THIS WILL PUT HER IN THE SHAPE THE
BILL SHAPE THE AUTHOR WISHES IT
TO BE. ALL THOSE IN FAVOR
SAY; AYE. [CHORUS
OF AYES.] THE MOTION PREVAILS.
>> [GAVEL] >> CHAIR MARIANI:
REPRESENTATIVE JOE MUELLER THE BILL IS IN FRONT OF US IN THE FORM IT WISHES TO BE >> REPRESENTATIVE MOLLER: THANK YOU;
MR. CHAIR. THIS BILL REALLY CAME ABOUT ALSO AS A RESULT OF THE DENIED JUSTICE THEORY THAT WITHIN
THE STAR TRIBUNE AND I THINK THAT MANY
OF US WERE SHOCKED
AND DISHEARTENED BY WHAT
THAT REVEALED AND ON THE FLIPSIDE
OF THAT WE WERE HAPPY TO KNOW THAT
THE POST BOARD ALREADY STARTED TO WORK ON THE POLICY THAT WE JUST HEARD ABOUT AND I WANT TO
THANK MR. -- AND
CHIEF -- FOR ALL THE WORK
YOU DID AND HOW INCLUSIVE YOU WERE IN KEEPING IN MIND THE DIFFERENT
SIZES OF THE AGENCIES;
BUT ESPECIALLY VICTIMS
AND SURVIVORS AND THE ADVOCACY
PROGRAMS ALSO
WHICH WE WILL BE HEARING FROM TODAY. SO BASICALLY WHAT THIS BILL
DOES IS IT REQUIRES LOCAL LAW
ENFORCEMENT AGENCIES
TO ADOPT EITHER THIS MODEL POLICY OR ONE THAT REALLY MEETS THE
SAME STANDARDS THAT ARE IN THE POST BOARD POLICY. NOW THIS ONE ALSO
REQUIRES THAT
LOCAL LAW ENFORCEMENT CAN START WITH ADVOCATES AND OTHER ORGANIZATIONS AND JUST TO
ADDRESS REPRESENTATIVE JOHNSON'S QUESTION THAT YOU HAD
ABOUT THIS; THERE'S NOTHING THAT
WOULD PRECLUDE LAW ENFORCEMENT FROM TALKING TO THE COUNTY ATTORNEYS ABOUT THAT
IN IMPLEMENTING SOME OF THOSE POLICIES INTO THEIR OWN POLICY.
ALSO; WITH RESPECT TO REPRESENTATIVE PINTO'S QUESTION
ABOUT COMPLIANCE AND I
WILL ASK MR. -- TO CORRECT ME IF
I'M WRONG; BUT I BELIEVE THERE'S SOME SORT OF ANNUAL COMPLIANCE REVIEW THAT IS DONE IF AGENCIES IN THEIR POLICIES. SO
-- YES; SO WE WOULD MAKE SURE THERE'S AN ANNUAL REVIEW OF AGENCIES HAVE IN PLACE. SO AGAIN; THE PURPOSE OF THIS TO MANDATE THAT LOCAL LAW ENFORCEMENT AGENCIES DO I ADOPT THE POLICY; SO GLAD TO HEAR THAT THE PHONE WAS RINGING AND THAT THEY WERE ANXIOUS TO GET THIS POLICY. ONE OF THE THINGS I THINK IT'S REALLY IMPORTANT ABOUT THIS POLICY IS HOW MUCH IT STRESSES A VICTIM CENTERED APPROACH. IN MY WORK AS
A PROSECUTOR YOU REALLY SEE HOW SOME OF THE SEXUAL ASSAULT
CASESARE DIFFERENT. VICTIMS WHO EXPENSE TRAUMA LIKE THIS
REACT IN A WAY THAT MIGHT
NOT BE EXPECTED FOR FOLKS WHO MIGHT REMEMBER SOMETHING LIKE
THE SOUND OF THE ZIPPER. THEY
MIGHT REMEMBER THE COLOR OF
THE WALL BEHIND THE PERPETRATORS HAD
BUT CAN'T DESCRIBE HIS FACE.
THEY MIGHT BE STARING AT THE CLOCK ON THE WALL AND SO THEY KNOW THE EXACT TIME
IT HAPPENS. THESE ARE THE KINDS OF THINGS THAT TRAUMA CAN DO
TO YOU AND SO I'M REALLY APPRECIATIVE OF
THAT THE POLICY REALLY TAKES
INTO ACCOUNT
THIS EXPERIENCE FOR VICTIM SURVIVORS. SO
SINCE WE HEARD A LOT ABOUT THE
POLICY ALREADY IF YOU HAVE OTHER QUESTIONS SPECIFIC
TO THAT I WOULD ASK MR.
-OR THE CHIEF TO BE AVAILABLE TO ANSWER THAT
BUT OTHERWISE I WOULD CALL UP
MY TESTIFIER'S
STEPHANIE -- THE MINNESOTA COALITION FOR
BATTERED WOMEN. >> CHAIR MARIANI: WELCOME TO
THE COMMITTEE. PLEASE GIVE US
YOUR NAME AND YOUR TESTIMONY
>> TESTIFIER: MR. CHAIR; MEMBERS A GLAM STEPHANIE TO
TRACTOR POLICY FOR THE MINNESOTA COALITION OF BATTERED WOMEN. SO [INAUDIBLE]
92 MEMBER PROGRAM THAT
SERVE ADVOCACY PROVIDE
ADVOCACY SERVICES TO DOMESTIC AND SEXUAL VIOLENCE VICTIMS AND ALL 87 COUNTIES ACROSS OUR STATE.
IN COLLABORATION
WITH OUR PARTNERS AT THE MINNESOTA COALITION AGAINST SEXUAL ASSAULTWE LED THE
CHARGE PRESENTING
SURVIVORS EXPENSES AND ADVOCACY INPUT WITHIN THE
POST BOARD MODEL
POLICY WORKER. I'M TESTIFYING TODAY IN SUPPORT OF HOUSE FILE 327
REQUIRING LAW ENFORCEMENT TO ADOPT
A POLICY FOR
RESPONDING TO INVESTIGATING SEXUAL ASSAULT.
OVER THE PAST
18 MONTHS THERE HAS BEEN HEIGHTENED AWARENESS
OF SEXUAL BALLS ACROSS
OUR COUNTRY. STAR TRIBUNE DENIED
HAS PLACED A SPOTLIGHT ON
LAW ENFORCEMENT AND THE CRIMINAL JUSTICE SYSTEM HERE
IN MINNESOTA. ALL OF
THIS [INAUDIBLE] DENIED JUSTICE THIS IS NOT NEW TO US.
WORK WITH THE WORK WITH VICTIMS EVERY DAY.
W
HAT IS NEW IS THAT A PUBLIC SPOTLIGHT HAS BEEN TURNED ON ON THIS ISSUE AND THAT WE HAVE AN OPPORTUNITY TO MAKE THINGS RIGHT.
WHILE THE STATISTICS THAT ARE HIGHLIGHTED IN THE
DENIED JUSTICE
STUDY ABOUT HOW MANY SEXUAL ASSAULT
WERE NOT ADEQUATELY INVESTIGATED
OR CHARGE
OR RESULTED IN CONVICTIONS ARE STUNNING
; WHAT IS ALARMING TO US IS
HOW THE GREATEST VICTIM SURVIVORS SHARE
THEIR EXTREME EXPERIENCE AS WERE TREATED IN THE PROCESS.
WE KNOW FROM EXPERIENCES AS SURVIVORS AND AS ADVOCATES IS
THAT JUSTICE IS NOT SIMPLY
MEANING A CONVICTION
RATE CHARGE. JUSTICE MEANS
BEING HEARD. IT MEANS BEING
BELIEVED. IT MEANS HAVING AN EQUAL ACCESS TO THE CRIMINAL JUSTICE SYSTEM REGARDLESS OF YOUR CRIMINAL HISTORY FOR YOUR SOCIAL ECONOMIC STATUS FOR YOUR SEX.
JUSTICE MEANS BEING TREATED WITH DIGNITY AND
RESPECT REGARDLESSWHAT THE SYSTEM CAN OR CANNOT DO FOR YOU.
LEGISLATION IS CRITICAL IN GUIDING OUR
RESPONSES TOWARDS CHANGE. WE ALSO
KNOW THAT A DEEPER MORE CRITICAL WORK OF
CULTURAL SHIFT IN
HOW WE VIEW SEXUAL ASSAULT WILL NEED TO HAPPEN LOCALLY. THAT IS THE WORK THAT WE ALL NEED TO DO TOGETHER. THE GAP
SEXUAL ASSAULT TO RAISE AN ERROR SYSTEM DOES NOT APPEAR OVERNIGHT AND WE WILL NEED
LONG-TERM MULTI'S
FACETED APPROACHES
CENTERED ON VICTIMS NEEDS TO CLOSE THOSE GAPS.
THE [INAUDIBLE] THAT EVERY LAW ENFORCEMENT ADOPT A POLICY TO RESPOND TO AN INVESTIGATIVE SEXUAL ASSAULT
IS AN IMPORTANT FIRST STEP IN THE DIRECTION THAT WE NEED TO GO. AS IS
ALREADY MENTIONED; THE POST BOARD SEXUAL ASSAULT MODEL POLICY WAS CREATED AFTER SIGNIFICANT INPUT FROM
ADVOCACY PROGRAMS.
THE MODEL POLICY OFFERS HELPFUL GUIDELINES THAT WE BELIEVE WILL CREATE A FOUNDATION FOR
EFFECTIVE RESPONSESFOR [INAUDIBLE] WHO CURRENTLY DO NOT HAVE ANY SPECIFIC POLICY FOR HANDLING
SEXUAL ASSAULT. THE MODEL POLICY IS A RESULT OF
HOPEFUL AND
CAREFUL DISCUSSION AND FEEDBACK FROM COMMUNITY
ACROSS MINNESOTA.
WE KNOW THERE'S MANY COMMUNITIES IN
THE STATE THAT WE HAVE ABOUT
SEXUAL ASSAULT DOMESTIC
ABUSE POLICIES AND PROTOCOLS IN PLACE.
FROM LYON COUNTY TO ITASCA COUNTY TO
RAMSEY COUNTY. MANY OF THESE WERE CREATED AFTER CAREFUL REVIEW OF GAPS INPUT BY VICTIM
SURVIVORS; AND
CONSTANT EVALUATION. THE POST MODEL POLICY WAS CREATED SPECIFICALLY
TO ALLOW THE WORK OF THOSE LOCAL COMMITTEES TO CONTINUE WHILE OFFERING OTHERS TO HAVE
A CONSISTENT
BASELINE RESPONSE. SEXUAL ASSAULT ARE COMPLEX AND
VICTIMS HAVE VARIED EXPENSES
AND REALITIES. SO FOR US IN
THE WORKGROUPTRYING
TO STANDARDIZE A RESPONSE PRESSURE
ALSO TAKE
NUANCES INTO CONSIDERATION WAS DIFFICULT. BUT WE THINK WE LANDED IN A
GOOD PLACE.
THE DOMESTIC ABUSE POLICY THE LEGISLATURE MANDATED
IN 1991 THE WORK OF ADAPTING AND IMPLEMENTING
THIS LOCALLY WILL BE THAT OF
INDIVIDUAL COMMUNITIES;; INDIVIDUAL LAW-ENFORCEMENT APARTMENT AND ADVOCACY PROGRAMS AND NURSES AND COMMUNITY MEMBERS COULD PROSECUTORS
OFFICES; TOO. IT IS IMPORTANT THAT WE ALLOW FOR THAT TO HAPPEN.BECAUSE
WE NEED APPROACHES THAT WILL WORK FOR ALL OF MINNESOTA MINNESOTA. THE DIFFERENCE BETWEEN LOTS OF CITIES LARGE CITIES AND
SMALL AREAS
[INAUDIBLE] AND TRIBAL LANDS AND WAS EFFECTIVE IN ST. PAUL AND MINNEAPOLIS WILL
NOT WORK EFFECTIVELY
IN DULUTH OR THE WHITE EARTH RESERVATION.
SOLUTIONS MUST WORK I
N DIFFERENT JURISDICTIONS OR HAVE THE ABILITY TO BE TAILORED TO THE LOCAL REALITIES. WE SUPPORT
HOUSE FILE 327 BECAUSE IT ENSURES THAT ALL COMMUNITIES IN MINNESOTA OFFER A CONSISTENT
BASELINE RESPONSE TO SEXUAL
ASSAULT VICTIMS WHILE
ALSO ALLOWING
GIVING THE FLEXIBILITY OF CREATING
OR CONTINUING THE WORK
OF THE [INAUDIBLE]
THAT NEEDS MEETS THE NEED OF THE VICTIM AND
THE SURVIVOR
IN THEIR OWN COMMUNITIES. WE LIKE TO
THANK REPRESENTATIVE
AND TWO OTHER CO-AUTHORS FOR LEAVING THE LEFT BLEEDING OF LEGISLATION GIVING THE OPPORTUNITY TO BE YOUR TODAY. THANK YOU. >> CHAIR MARIANI: VERY WELL; THANK YOU. REPRESENTATIVE ALLEN >> REPRESENTATIVE MOLLER: THANK YOU; MR.
CHAIR MEMBERS HAVE
ANY QUESTIONS? >>
CHAIR MARIANI: VERY WELL. ANY
QUESTIONS FOR THE AUTHOR OF THE BILL AND OR HER TESTIFIER?
REPRESENTATIVE STEPHEN
REPRESENTATIVE JOHNSON >> REPRESENTATIVE JOHNSON: CHAIR
MARIANI POLICIES ARE A
GOOD START. I KNOW IN MY DEPARTMENT
AND IN A NUMBER OF DEPARTMENTS I'VE WORKED WITH LONG SIDE OF
MY CAREER IN LAW ENFORCEMENT WE
HAVE THESE MODELS SIMILAR
TO THIS IN PLACE 15-20 YEARS AGO.
I CAN'T REMEMBER WHAT YEAR
MY COUNTY WENT TO THE
[INAUDIBLE] PROGRAM
AND I BELIEVE ALL OF THE SEVEN COUNTIES ACROSS THE STATE USE THAT IN THE
SEXUAL ASSAULT POLICY INVESTIGATION AND THAT ONE
IT'S ACTUALLY A LOT MORE DETAILED THAN
THIS POLICY. ONE OF THE QUESTIONS
I HAVE;
HOW MANY DEPARTMENTS ACROSS THE STATE DON'T HAVE
A POLICY? BECAUSE I BELIEVE EVERY POLICY IN THE STATE HAS A POLICY ON A.
>>
CHAIR MARIANI: REPRESENTATIVE
LOOKS LIKE YOU'RE DIALING A FRIEND >> REPRESENTATIVE MOLLER: MASKING -- TOO; BECAUSE I THINK IT ANSWER THE QUESTION.
BEECHER MARY DIRECTOR;
WELCOME BACK. >> TESTIFIER: THANK YOU MR.
CHAIR AND REPRESENTATIVE JOHNSON I DON'T KNOW THAT EXACT NUMBER THAT'S NOT THE DATA THAT
WE COLLECT. OBVIOUSLY;
ABOUT 83 OF THE EARLY SEVEN COUNTIES; GIVE OR TAKE
HAVE FLEXIBLE ELECTABLE DOES HAVE A
MODEL POLICY.
IT WAS PUSHED OUT TO OTHER SHERIFF'S OFFICES. I
AM AWARE OF THE LARGER SIZE MEDIUM
SIZE AGENCIES HAVE A
POLICY BUT MANY OF THE SMALLER ONES
MAY NOT AS THEY THEMSELVES MAY
NOT INVESTIGATE AND ASK
FOR ASSISTANCE FROM USHER'S OFFICES
OR LARGER
MINNESOTA AGENCY. >> REPRESENTATIVE JOHNSON: MR.
CHAIR; MEMBERS;
BACK IN 1993 WITH A POLICY
THESE POLICIES HAVE BEEN AROUND A LONG TIME AND WE WORKED WITH OUR VICTIM
ADVOCACY GROUPS
OVER THE YEARS AND DEVELOPING THESE POLICIES AND KEEP CHANGING IT MAKING THEM BETTER. IS IT A GOOD THING
TO PUT
[INAUDIBLE] WHAT HAPPENS IF THE DEPARTMENT DOESN'T
DO IT? OTHER PENALTIES
FOR THAT? >>
REPRESENTATIVE MOLLER: YES; SO THAT WAS ONE OF THE THINGS WE WERE TALKING
ABOUT DOING AND IT'S MY
UNDERSTANDING THAT
IF THERE'S AN ISSUE WITH A LOCAL LAW ENFORCEMENT OFFICER THEN THAT WOULD BE A ADDRESSEDBY THAT
PARTICULAR AGENCY RATHER THAN THE
POST BOARD.
I THINK THAT'S CONSISTENT WITH OTHER POLICIES
AT THE POST BOARD HAS IN PLACE AND SO WE WERE TRYING TO TREATED SIMILARLY TO THE OTHER POLICIES THAT THEY HAVE IN PLACE BUT THAT OF MR. -- WAS A LETTER THAT >> CHAIR MARIANI: DIRECTOR
>> TESTIFIER: MR. CHAIR; REPRESENTATIVE JOHNSON THAT'S TRUE. THE POST BOARD GETS INVOLVED IN MISCONDUCT NOT
JUDGMENT CALLS. BUT WE WOULD NOT HAVE ALL THE SPECIFICS OF ALL THE HUNDREDS IF
NOT THOUSANDS
OF INVESTIGATIONS AND THAT IS CORRECT. THE CHIEF LAW ENFORCEMENT OFFICER; THE
ELECTED SHERIFF IS IN AN EXCELLENT POSITION WITH
HER SUPERVISORS
TO TAKE A LOOK AT TO A DEGREE TO WHICH A POLICY IS BEING FOLLOWED AND IF IT
IS NOT POLICIES ARE GUIDELINES.
WHAT IS THE REASON? IN THESE CASES
ARE SO FACT SPECIFIC AND DIFFERENT FROM ONE ANOTHER
WE THINK THERE IN THE VERY BEST POSITION TO MAKE
THOSE DECISIONS.
>> REPRESENTATIVE JOHNSON: I DON'T THINK WAS THE QUESTI
ON ASKED. WHAT HAPPENS IF THE DEPARTMENT THE CHIEF OR THE
SHERIFF DECIDES NOT TO HAVE
A POLICY? THERE IS
NO PENALTY FOR THAT DEPARTMENT WAS THE CHIEF GOING TO BE SUSPENDED OR REMOVED FOR THE SHERIFF REMOVED
UNTIL THERE'S A POLICY
IN PLACE AND WHAT CAN HAPPEN WITH THE REST OF
THE DEPARTMENT? >> REPRESENTATIVE MOLLER:
I THINK OF CITIZENS OF ISSUES
WITH SOMETHING BETTER DEPARTMENT IS DOING IS A COUPLE
OF OPTIONS. SHERIFF IS AN
ELECTED OFFICIAL.
CHIEFS OF POLICE OFTEN GET THEIR BUDGETS SET BY THE COUNTY BOARD. THIS PLACES THEY CAN GO FOR THE CITY - SORRY - THE CHIEF
[INAUDIBLE] SO THERE ARE WITH OTHER COMPLAINTS THAT MIGHT HAPPEN
WITHIN AN AGENCY THAT ARE GETTING ADDRESSED BY THE AGENCY; THEIR STEPS NOW. WE SEE THERE IS GOING TO BE CONSISTENT PATTERN OF NOT FOLLOWING
THIS POLICY OR A COMPARABLE POLICY I THINK WE CAN GO BACK AND LOOK AT THAT POINT IS ADD
ING SOME TYPE OF PENALTY BUT SINCE WE ARE JUST ROLLING THIS OUT NOW
YOU WANT TO MAKE SURE THAT
AGENCIE
S HAVE FLEXIBILITY WITH THEIR POLICIES BUT I THINK WE SHOULD GIVE IT A CHANCE TO SEE
IT WORK.
>> TESTIFIER: >> REPRESENTATIVE JOHNSON: I BELIEVE IT'S GOOD TO HAVE A POLICY BUT AS I SAID I THINK EVERY
[INAUDIBLE] HAS ONE OF THESE POLICIES IN PLACE
>>
CHAIR: MARY REPRESENTATIVE JOHNSON
WHAT COUNTY? >> REPRESENTATIVE JOHNSON: I SENT A COUNTY >> CHAIR MARIANI: [INAUDIBLE]
>> TESTIFIER: I WANT TO ADDRESS REPRESENTATIVE
JOHNSON'S POINT.
WE USUALLY [INAUDIBLE] CHIEF LAW-ENFORCEMENT OFFICER MUST DEVELOP A DIRECTOR. I GUESS WE GENERALLY ASSUMEEYES LAW-ENFORCEMENT IN A COMMUNITY IS GOING TO FOLLOW UP YOUR
ALLELE [INAUDIBLE]
SURPRISE HER AND BECAUSE YOU NOT TO FOLLOW A
SPECIFIC LAW RIGHT IN SUCH A YOU HAVE TO
DO THIS. SO WE MAY GET TO PENALTY BUT TODAY WE FEEL LIKE WE HAVE TO POSE A PENALTY UNDER CHIEF OR SHERIFFS WHO FOLLOW THE LAW
IS I THINK A CONCERNING DAY AND RESPECT
OTHER FOLKS I AGREE
WITH THAT. SO I'M GOING TO ASSUME IT SAYS YOU MUST DO IT THEY HAVE TO DO IT. THEY WILL DO IT. NON
E OF COURSE I'M TRYING TO MY QUESTION WAS >>
REPRESENTATIVE PINTO: >>
CHAIR MARIANI: REPRESENTATIVE MOLLER >> REPRESENTATIVE MOLLER: YES
[INAUDIBLE] HAD SOMETHING TO SAY TO ADDRESS THAT >> TESTIFIER: MR.
CHAIR; REPRESENTATIVE; WE DO HAVE RULES THAT ARE NOT APPLICABLE RULES AND STATUTES. THERE'S A STATUE THAT SAYS MOST OF
THE POLICY I BELIEVE IT'S OUR
POSITION THATCAN BE CALLED BEFORE THE BOARD TO SAY WE'VE A STATUTE THAT SELECTING SOMETHING
THAT'S GOVERNED BY THE POST BOARD AND YOU'RE NOT IMPLEMENT IN IT.
>> CHAIR MARIANI:
REPRESENTATIVE PINTO
IS HUSTLING
WHICH YOUR ABOUT HOW THAT SHOULD COME ABOUT AND IT'S
NOT PERMISSIVE. IT SAYS;
SHALL CONSULT. COUNSELORS [INAUDIBLE]
IN KEEPING WITH THE COMMUNITY
CENTER APPROACH THAT
MANY OF US WANT TO BE ABLE TO
ESTABLISH STRONGLY OUR
PUBLIC SAFETY WORK IN THE STATE.
PLEASE; CONTINUE. >>
REPRESENTATIVE PINTO: THANK YOU; MR. CHAIR. I GUESS
IT EMPOWERS THE
LOCAL AGENCY TO CONSULT
MAKE DECISIONS VERY COMMUNITY CENTER BUT BOY THERE'S A LOT
OF [INAUDIBLE] YOU HAVE A LOT OF MUST AND SHELLS AND MY QUESTION IS WHEN I THINK ABOUT
SOME OF THE POINTS SEVEN
BROUGHT OUT UP SO YOU HAVE A POLICY BUT OF COURSE
ON INDIVIDUAL OFFICER MAY NOT FOLLOW THE POLICY AND HOW DOES THAT WORK? I SUSPECT
I FOUND EARLY IN THE READING THE SERIES THAT WAS
REFERENCE PERSON THAT WAS DOING MAY VIOLATE
A POLICY BUT THEY ARE BEEN A JUDGMENT
CALL ETC.
THE SPIDER THOUGHT ABOUT TRAINING THERE'S OTHER PIECES THAT I WONDERED IF
MS. -- FROM THE COLLEGE ABOUT A WOMAN I KNOW YOUHAVE THOUGHT A
LOT
ABOUT THE BIGGER PICTURE HERE. CAN YOU SPEND IN RESPONSE TO SOME OF THESE QUESTIONS
THAT THIS IS ONE STEP ABOUT HOW
YOU ALL [INAUDIBLE] AND TALKED
WITH YOU [INAUDIBLE] IT DOES ME A LONGER-TERM THING TO CHANGE
THE THINKING
OF THE OFFICERS AND AGENTS. IF YOU ARE NOT MIND
COMMENTING ON THAT
MR. CHAIR >> TESTIFIER: MR. CHAIR; REPRESENTATIVE TEMPERATURE WE'VE HAD LOTS OF DISCUSSIONS WITH OUR LAW ENFORCEMENT PARTNERS ON THIS. WE DON'T THINK THIS IS GOING TO SOLVE ALL THE ISSUES BUT AS I SAID FOR THOSE [INAUDIBLE] AM I NOT HAVE A POLICY AND RECOGNIZING THE POLICY AND PROTOCOLS ARE DIFFERENT THINGS
POLICY IS MORE FOUNDATION AND PROTOCOLS IS THE
HOW ABOUT
HOW YOU ARE GOING TO DO WITH THE POLICY IS GOING TO DO. A LOT OF PEOPLE PLACES
OF PROTOCOLS BUT NOT FOUNDATION POLICY WHICH WE THINK IS IMPORTANT TO HAVE.
THE TRAINING IS ON A PIECE OF THAT BUT ALSO
LOOKING AT HOW PEOPLE WORK WITH THE LOCAL ABBA SKI PROGRAMS
AND MULTIDISCIPLINARY TEAM SETTINGS
TO DO CASE REVIEWS. SOME OF THE ACCOUNTABILITY PLACE AND MAKING SURE THE POLICIES BEING FOLLOWED HAPPENS WITHIN THOSE
TEAM SETTINGS WHERE
PEOPLE HAVE DISCUSSION ABOUT THIS WHAT HAPPENED OR IS THIS WHAT WE DECIDE OUR POLICY AND PROTOCOLS GOING
TO BE. IT MATCHES ARE NOT WHAT WE NEED TO CHANGE THAT.
IN
ADDITION;WE'VE HAD A DOMESTIC ABUSE POLICY IN
THE STATE
AS WAS AS I MENTIONED AMENDED BY THE LEGISLATURE. IN
1991.. [INAUDIBLE] UNDER
MINNESOTA
LAW UNDER DEFINED UNDER THE DOMESTIC ABUSE DEFINITION. SO THAT POLICY ONLY APPLIES TO
ALL THOSE [INAUDIBLE] SO THINGS LIKE YOU
HAVE TO WRITE A POLICE REPORT ON ALL DOMESTIC ABUSE MEANS YOU HAVE TO WRITE IT ON ALL TO [INAUDIBLE / OFF
MICROPHONE] [INAUDIBLE]
AND WE ARE JUST RECEIVE FUNDING FROM THE STATE FOR
SPECIAL PROJECT IN PARTNERSHIP WITH LAW
ENFORCEMENT ASSOCIATIONS
; THE BCA; AND REPORT FOR HAVING AN ADVISORY ROLE TO LOOK AT
CREATING SOME TOOLS
FOR SUPERVISORS AND MANAGEMENT
LOCALLY TO LOOK AT
HOW TO THE EVALUATION OF WHETHER OR NOT
COMPLIANCES HAPPENING
AND WHAT YOU LOOK LIKE IN A SMALL AGENCY
THAT IS
FIVE OFFICERS VERSUS AN AGENCY THAT MIGHT HAVE
40-50 OFFICERS WERE 800
FOR MINNEAPOLIS. OVER THAT
LOOK LIKE. WE'VE A LOT OF UNANSWERED
QUESTIONS THAT WE ARE HOPIN
G THAT PROJECT WOULD INSERT SOME
OF THEM.
>> CHAIR MARIANI:
THANK YOU. REPRESENTATIVE PINTO >>
REPRESENTATIVE PINTO: IN LESSON NEXT BILL WILL PROBABLY ASK
MORE [INAUDIBLE] SO I'M ALL DONE; THANK YOU. >> CHAIR MARIANI:
VERY WELL. I'M A CALLED REPRESENTATIVE GROSSELL. IS THERE
ANYONE ELSE ANYONE IN PUBLIC THAT WISHES
TO SPEAK TO THE BILL; PLEASE
COME FORWARD. IN WELL REPRESENTATIVE GROSSELL >> REPRESENTATIVE GROSSELL:
FIRST OF ALL THANK YOU FOR
THE [INAUDIBLE]
>>
>> [LAUGHING] >> REPRESENTATIVE GROSSELL:
IS A FORMER CHIEF OF POLICE OF
A SMALL 1.5 OFFICER DEPARTMENT
THAT'S WHERE I
STARTED OUT; I MADE SURE THATI FOLLOWED POST
POLICIES ARE THE RECOMMENDATIONS AND ANYTHING THAT I DIDN'T HAVE
I WENT TO THE LOCAL
SHERIFF'S OFFICE AND LOOKED TO SEE WHAT POLICIES
THEY HAD
IN THE CHIEFS OF POLICE BEFORE ME
MADE SURE THAT WE WERE
FOLLOWING POLICIES AND IF WE NEEDED SOMETHING FOR
INVESTIGATORY PURPOSES WE
MADE SURE WHERE THE POLICIES
IN PLACE. I GUESS WHEN I READ
THROUGH THIS; AFTER
LISTENING TO THE TESTIMONY I
POST BOARD AND LOOKING AT THIS
AND WONDERING
WHAT IS TTHIS LEGISLATION GOING TO DO THAT
THE POST BOARD POLICIES AND
WHAT LAW-ENFORCEMENT
IS ALREADY BEEN DOING FOR ALL
THESE YEARS? WHAT IS THIS LEGISLATION GOING TO HELP IN
ANY WAY? FOR ONE THING. IS IT
REALLY
NECESSARY? BECAUSE AS LAW ENFORCEMENT OFFICER;
MY GOAL WAS TO
MAKE SURE -- IT ALWAYS HAS BEEN AND
STILL IS- -- TO ENSURE THAT VICTIMS
ARE REPRESENTED TO
THE FULLEST AND THAT WE EXERCISE EVERYTHING;
EVERYTHING THAT WE HAVE AT
OUR FINGERTIPS TO ENSURE THAT. SO
I GUESS IF YOU WOULD ANSWER. I MEAN IF YOU HAVE ANY INSIGHT
THERE; PLEASE
? >> REPRESENTATIVE MOLLER: REPRESENTATIVE GROSSELL THANK YOU AND THANK YOU FOR YOUR COMMITMENT THEN IN YOUR PAST EXPENSE I THINK THE DENY JUST A
SERIES [INAUDIBLE] AND MS. -- TESTIFY TO THIS HER EXPENSE AS
AN
ADVOCATE AND FROM VICTIM AND THE SURVIVORS IN THE FIELD THERE ARE PROBLEMS.
MAYBE THINGS ARE WORKING WELL IN YOUR AGENCY BUT WE KNOW THERE ARE
GAPS THROUGHOUT THE STATE. SO THIS LEGISLATION IS REALLY
ADDRESS THAT CLOSING
THOSE GAPS; MAKING SURE THAT THERE IS A GOOD POLICY IN PLACE.
LIKE I THINK MS. KOHN SAID;
IT SAYS CONSISTENT BASELINE
POLICY HERE WITH FLEXIBLY FOR
LOCAL AGENCIES. THAT'S WHAT THIS
REALLY MEANT TO ACHIEVE
TO HIGHLIGHT
THE NEED FOR THESE VICTIM CENTER RESPONSE.>>
REPRESENTATIVE GROSSELL:
THANK YOU; MR. CHAIR AND BACK
TO THAT; WHEN I HEAR THE PO
ST BOARD SAYING THAT MAJORITY OF
THESE COUNTIES WAS 83 OF
THE COUNTIES OR POLICE DEPARTMENT WILL HAVE HER COME ALL THESE AGENCIES; WE ARE CALLING AND
NOT TOASK THE POLICY
WAS COMPLETED TO IMPLEMENT IT BUT IF THE POLICY WAS COMPLETED SO THAT WE CAN ENSURE WE ARE STILL
IN COMPLIANCE. SO THAT TELLS ME THAT OUR AGENCIES ARE OUT THERE
WORKING DILIGENTLY TO MAKE SURE THAT THEY HAVE THINGS
IN PLACE; TO MAKE SURE THAT WE TAKE
CARE THOSE WHO ARE IN NEED OF
HELP. SO I JUST LOOK AT FROM THE
LAW-ENFORCEMENT POSITION; I LOOK AT THESE THINGS AND I WONDER OKAY; IF WE PUT
MORE REGULATIONS;
MORE BURDEN; MORE MANDATES ON OFFICERS AND SUCH ON OUR DEPARTMENTS AND SUCH;
IS THE FUNDING GOING TO BE THERE TO HELP THEM IMPLEMENT THESE THINGS AND IF THEY'RE ALREADY DOING THESE THINGS; IS
IT NECESSARY? IF
THERE'S GAPS THEN WE NEED TO
MAKE SURE THOSE GAPS ARE CLOSED AND THAT
IS AGAIN AND I WILL SAY
THINGS -- TO TALK TO YOU ABOUT THE LEGISLATION THAT I HAVE
BUT I'M STILL LOOKING FOR HELP WITHOUT LEGISLATION FROM SOMEBODY SO
I'M TRYING TO CLOSE HIM GAPS THAT I HAVE FOUND
THAT LAW ENFORCEMENT EVER THE OFFICERS TO POINT OUT TO ME.
SO THOSE ARMS THINGS THAT MAY NOT I
F THESE GAPS NEED TO BE CLOSE AND LET'S WORK ON THOSE GAPS AND GET THEM CLOSED
. IF WE DON'T HAVE TO PUT
UNNECESSARY MANDATES ON
OUR PEOPLE IN THE FIELD WHO ARE TRYING TO DO
WHO ARE WORKING TOWARDS
REPRESENTING VICTIMS;
THOSE ARE THE TYPES OF THINGS I WOULD LIKE TO SEE MORE OF AND WHEN WE
HAVE THINGS THAT ARE
CIRCLING AROUND IN OUR LEGISLATIVE POOL
WAITING TO HOPEFULLY GET A
HEARING THEN; -- EVER GOING TO
CLOSE GAPS; THAT'S THE THINGS WE ARE WANTING TO DO
THEN THAT'S START
CLOSING GAPS. BUT IT'S A LITTLE BIT CONTENTIOUS OR WHETHER
IT'S A DIFFICULT TOPIC TO
TALK ABOUT IT WE HAVE HEARD SEVERAL
DIFFICULT
TOPICS THROUGHOUT THE BEGINNING OF
THIS LEGISLATURE LEGISLATIVE
YEAR ALREADY. SO ANYTHING I HAVE IN THE PIPELINE
IT'S NOT GOING TO BE A SHOCK
TO ANYBODY IF WE TALK LIKE
THOSE THINGS.
JUST THINK ABOUT SOME OF
THOSE THINGS. IF WE'RE ALREADY FOLLOWING IT IF THEY'RE ALREADY DOING
THE JOB; IF THEY'RE ALREADY WORKING HARD;
TO TAKE CARE OF
OUR VICTIMS; MAKE SURE THE REPRESENTED.
I GUESS THAT'S KIND OF WHAT I'M LOOKING AT HERE. I DON'T THINK
IT'S BAD IT'S
GOOD IDEAS THAT WE NEED ALL THE INPUT
. JUST SOME THINGS TO KEEP
IN MIND. >>
CHAIR MARIANI: WE DO HAVE SOME
PEOPLE FROM THE PUBLIC THAT WISH TO SPEAK ON
THE ISSUE. SHE CAN COME FORWARD AND
MEANWHILE QUICKLY
CALL ON YOU REPRESENTATIVE O'NEILL. I THINK 11 A LIST BUT JUST MAKE SURE WERE ABLE TO HEAR FROM THE PUBLIC
AS WELL. >> REPRESENTATIVE O'NEILL: THANK YOU; MR. CHAIR JUST
DIRECTLY TO REPRESENTATIVE GROSSELL'S POINT; I THINK IT'S IMPORTANT TO REMEMBER THE STAR TRIBUNE TO THAT
A PART SERIES OR SO AND
DENY JUSTICE IN A LO
OK AT A SAMPLING OF 1300 CASES ACROSS MINNESOTA 20 DIFFERENT JURISDICTIONS. WHAT THEY FOUND WAS ONLY ABOUT A QUARTER OF THOSE REPORTED CASES ACTUALLY MADE THE WAY TO
A PROSECUTOR. MAKE IT TO THE
PROSECUTOR'S OFFICE 50% OF THOSE
WERE DROPPED AND THEY ONLY GOT
CONVICTIONS ON 7%. SO I WAS IT IS PLENTY OF ROOM
FOR IMPROVEMENT
SOMETHING IS NOT GOING RIGHT SO MRS. MAY BE ONE PIECE OF THE PUZZLE AND MAYBE IF WE DO
NOTHING ELSE IN THE LEGISLATURE BUT SHINE A LIGHT ON THE PROBLEM I THINK WE'VE ACCOMPLISHED SOMETHING. SO YES; THE POST
BOARD [INAUDIBLE]A GREAT INPUT INVESTMENT HAS A WHEEL AND AGENCY TO ADOPT IT BUT WE WANT
AGENCY TO ACTUALLY IMPLEMENT IT WE WANT THEM TO DO THIS. ONE VICTIMS TO ACTUALLY GET JUSTICE I THINK THAT IS THE GREATER POINTER. THANK YOU
MR. CHAIR >> CHAIR MARIANI: WELL SAID REPRESENTATIVE O'NEILL. AGAIN I WOULD EMPHASIZE
THE CHAIRSEXHORTATION THAT CAN BE CENTER PUBLIC SAFETY IS HOW
WE ARE GOING TO GET
THERE. [INAUDIBLE]
VOICES BEING HEARD INCREASINGLY AS DEMONSTRATED
BY BOTH MS.
-- ALSO IS KOHN'S WORDS BUT ALSO BY
THE MEDIA IN A PIECE OF BUCKHAM TO
THE COMMITTEE.
LOOK FORWARD TO HEARING FROM YOU WE ONLY HAVE A
FEW MINUTES
BECAUSE I DO WANT TO GET ONTO THE SECOND BILL
BUT PLEASE; GIVE US
YOUR NAME AND GIVE US YOUR THOUGHTS.
>> TESTIFIER: THANK YOU. THANK YOU VERY MUCH FOR ALLOWING ME
TO SPEAK. MY NAME IS
KIMBERLY -- AND WITH UNSPOKEN VOICE
THE VICTIM ADVOCACY GROUP OUT OF WEST CENTRAL MINNESOTA I'M ALSO
A SURVIVOR THAT WAS FEATURED
IN THE DENY JUSTICE
SERIES AND I REALLY WANT TO BE A RA
TE WHAT REPRESENTATIVE O'NEILL SAID
IT STATED.
WE I THINK IT'S A GREAT START. I THINK THIS IS AMAZING I WANT TO THANK YOU FOR
DOING THIS.
BUT I ALSO WANT TO SHARE JUST A TINY BIT OF
MY EXPERIENCE IS BOTH A SURVIVOR AND ADVOCATE IN WEST
CENTRAL MINNESOTA. WE HAVE A LOT OF TRAINING THAT'S AVAILABLE FOR THESE OFFICERS DID A LOT OF TRAINING THAT'S AVAILABLE FOR
PROSECUTORS. HOWEVER;
WHETHER THEY CHOOSE TO ACTUALLY TAKE A TRAINING OR FOLLOW THOSE POLICIES THAT ARE PUT IN PLACE IS UP TO EACH INDIVIDUAL WITH
IN THE AGENCY. SO;
I THINK WE HAD SO MUCH ROOM FOR IMPROVEMENT BECAUSE WE DO
HAVE INDIVIDUALS WHO
ARE CHOOSING NOT TO FOLLOW
THE STANDARDS AND WHAT ARE THE REPERCUSSIONS? I THINK WE NEED THIS. WE
NEED SOMETHING
THAT WE CAN HOLD OFFICERS; WE CAN HOLD AGENCIES ACCOUNTABLE TO. BUT THEN I THINK WE NEED TO TAKE IT A STEP
FURTHER AT SOME POINT BECAUSE THERE ARE STILL GOING TO BE AGENCIES; THERE ARE STILL GOING TO
BE INDIVIDUALS; THAT ARE GOING TO CHOOSE NOT TO FOLLOW THROUGH THAT. AS AN ADVOCATE AND A SURVIVOR MYSELF; I
HAVE BEENON THE RECEIVING END OF THAT EXPERIENCE IT OFFICERS
WHO PERHAPS HAVE SOME
BASIC UNDERSTANDING BUT IN MY CASE; DO NOT
UNDERSTAND THE SOMETHING CALLED CHRONIC IMMOBILITY IS. IN OTHER CASES DO NOT UNDERSTAND AND
FURTHER INDIVIDUALS WHAT THE ASSOCIATION WAS. THEY DO
NOT UNDERSTAND THE TIMELINE ISN'T LINEAR. THEY DO NOT
UNDERSTAND THAT
IN FORENSIC INTERVIEWING WHEN IT'S VICTIMS THAT ARE THAT INDIVIDUALS
MAY REMEMBER SOMETHING; A SMOKE IT TO ME I REMEMBER THE SMELL
OF GARBAGE THAT I CANNOT REMEMBER
DETAILS NOT UNTIL I WAS
INTERVIEWED USING THE SITE TRAUMA APPROACH BY AN OUTSIDE CONSULTING FIRM
WAS ABLE TO START REMEMBERING SOME OF THOSE DETAILS. SO I THINK IT'S EXTREMELY IMPORTANT
THAT TRAINING HE COMES
MORE AVAILABLE BUT MORE THAN THAT THAT
WE ACTUALLY SPIFF AND I DON'T KNOW HOW TO FIX THIS-TO HAVE IN THE OFFICERS AND PROSECUTORS AND JUDGES AND ADVOCATES
WERE WILLING TO STEP UP AND ACTUALLY TAKE THIS
AND MAKE IT A PART OF
THEIR JOB AND MAKE IT A PART OF THE WHAT
THEY'RE DOING.
I ALSO THINK ONE OF THE THINGS WE TALKED ABOUT IS WE NEED
TO MAKE IT VICTIM CENTERED ETC. BUT WERE NOT REALLY INCLUDING INCLUSIVITY
IT COMES TO MARGINALIZED COMMUNITIES AND THAT IS
HUGE BUT NEED TO TALK ABOUT INCLUSIVITY AND VICTIM
CENTERED APPROACHES
FOR ALL GENDERS NOT JUST WOMEN BUT FOR ALL
GENDERS. PRO AGES AND
ALSO INDIVIDUALS WITH THE [INAUDIBLE] INDIVIDUALS OF COLOR
THAT IS A PART OF A VICTIM CENTERED
INTERVIEW TECHNIQUE IN THAT SOMETHING I THINK WE NEED
TO REALLY JUST WHEN IT COMES TO EVEN CULTURAL UNDERSTANDING
FOR OFFICERS I THINK THAT'S A HUGE PIECE AS WELL. I ALSO WANT TO
SAY THAT I'M EXTREMELY EXCITED TO
HEAR ABOUT THE BILL THAT'S COMING UP IN A FEW MINUTES BUT I THINK IT'S AMAZING BILL AND
IT'S BEEN GREAT TO HEAR A LOT OF THE WORK THAT'S BEEN DONE
BUT SOMETHING I'VE NOTICED THAT
IS MISSING
; APART FROM THE DENY JUSTICE SERIES; ARE THE VOICES OF THE
SURVIVORS THEMSELVES. I THINK IT'S REALLY REALLY
IMPORTANT. NOTHING ABOUT US
WITHOUT US. SO I REALLY HOPE THAT MOVING
FORWARD SURVIVORS CAN BE INCLUDED IN
THIS PROCESS AND I WANT TO SAY;
THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK AND THANK YOU FOR THE WORK THAT YOU ARE DOING. THANK YOU FOR THE WORK THAT ALL OF YOU ARE DOING AND APPRECIATIVE
>>
CHAIR MARIANI: THANK YOU SIMILAR YOUR WORK AND YOUR TESTIMONY
HERE TODAY. REPRESENTATIVE CHRISTIANSEN AND >> REPRESENTATIVE CHRISTENSEN:
THANK YOU;
MR. CHAIR. THANK YOU TO ALL OF YOU REPRESENTATIVE
MOLLER MAYBE YOU CAN ANSWER THIS OR SOMEONE CAN ANSWER
THIS BUT WHEN WAS THE LAST TIME
THAT A POST POLICY W
AS WRITTEN? BECAUSE THERE ARE POLICIES
OUT THERE. THERE HAVE
BEEN POLICIES AND
I'M WONDERING REPRESENTATIVE DO YOU KNOW WHEN THE LAST TIME -- OKAY.
BEFORE ITI WILL MAKE
THIS QUICK. I DO THINK IT'S IMPORTANT
AFTER YEARS TO
REVISIT POLICIES. I DO SEE THE NEED
FOR CREATING A WORKING GROUP TO LOOK AT
THIS AGAIN. >> CHAIR MARIANI: INDEED
REPRESENTATIVE CHRISTIANSEN YOU
WE HAVE A LIVING LEGISLATURE THERE'S ALSO A LIVING SOCIETY
TO EFFICIENTLY
CAUSE ADJUSTING OUR LAWS
AND ACCORDING. DIRECTOR COME I THINK YOU WENT
OUT AGAIN. >> TESTIFIER: MR. CHAIR;
REPRESENTATIVE CHRISTIANSEN;
PRIOR TO ME STARTING I BELIEVE
IT WAS 2010 AND ABOVE
THE ADMINISTRATIVE FORFEITURE. UNLESS YOU'RE ASKING ME ABOUT THIS PARTICULAR
THE BOARD HAS NOT WRITTEN A POLICY ON SEXUAL
ASSAULT. UNTIL THE CURRENT ONE
BEFORE YOU. >> CHAIR MARIANI: CHAIR
JOHNSON QUICKLY >> REPRESENTATIVE
JOHNSON: REPRESENTATIVE REPRESENTATIVE
CHRISTIANSEN; CHAIR;
IN MY DEPARTMENT IN THE DEPARTMENTS THROUGHOUT THE STATE TO USE THE SPEED -- PROGRAM THOSE URGENT
CONTINUALLY MONITORED
AND UPDATED ALMOST A
DAILY BASIS. THE CONTINUALLY LOOKING OUT FOR THE BEST PRACTICES; WHAT WORKS. THEY FIND
SOMETHING THAT [INAUDIBLE] BECAUSE OF STATUTES
HAVE CHANGED THEY JUST
THOSE POLICIES TO MATCH THE
CURRENT STATUTES
AND ALSO WHAT WORKS BEST AND I BELIEVE THE CITY
HAVE A
DIFFERENT PROGRAM THAT A LOT OF CITIES USE. THEY ARE ALSO CHANGING AND UPDATING DAILY
AS TO WHAT
WORKS BEST TO MAKE SURE THAT ESPECIALLY IN THESE CASES; ON SEXUAL ASSAULT
THERE ARE ACTUALLY
I BELIEVE; HARBOR INVESTIGATION BEEN
A HOMICIDE. THEY ARE VERY DIFFICULT TO PUT TOGETHER
THAT'S WHY
IN MY DEPARTMENT WE WORKED COLLABORATIVELY WITH THE
VICTIM SERVICES
; WITH THE COUNTY ATTORNEY'S OFFICE;;
WITH INVESTIGATIONS;
WITH PATROLS; WITH OTHER AGENCIES THAT MIGHT
HAVE INFORMATION
TO WITH THE BEST CASE TOGETHER SO THE
COUNTY ATTORNEYS CAN PROSECUTE.
>> CHAIR MARIANI: RIGHT WELL.
THANK YOU
FOR BRINGING THIS BILL FOR. I ECHO THE
VOICES OF MANY OF MY COLLEAGUES; BOTH SIDES OF MY
I/O THAT WE HEARD. I LOOK FORWARD TO CONTINUING
THE CONVERSATION
AS WE MOVE THROUGHOUT
THE SESSION AT THIS POINT THE CHAIR IS GOING TO LAY
THIS BILL
OVER FOR POSSIBLE INCLUSION IN THE
OMNIBUS BILL. >> [GAVEL] >> CHAI
R MARIANI: WITH THAT REPRESENTATIVE MOLLER WE ALSO HAVE YOUR BILL HOUSE
FILE 418 AND I THINK I'M GOING TO GET
THIS CORRECT.. THAT
YOUR MOTION IS THAT THIS BILL BE REFERRED TO THE WAYS AND MEANS
COMMITTEE WITH A RECOMMENDATION THAT IT
BE REFERRED TO THE COMMITTEE ON
GOVERNMENT OPERATIONS.
DID I GET THE RED? >>
REPRESENTATIVE MOLLER: YES. THAT
SOUNDS CORRECT >>
CHAIR MARIANI: REPRESENTATIVE JAMAAL ARE SO
MOOSE. REPRESENTATIVE ALLEN
HOUSE FILE 418 IS THE FIRST GOOD REPRESENTATIVE JIM MUELLER YOU HAVE A DELETE ALL AMENDMENT
THE D
DE --TWO AMENDMENT. IS HE YOUR INTENT TO MOVE THAT AMENDMENT AT THIS TIME? >> REPRESENTATIVE MOLLER: IT
IS NOT AT THIS POINT MR. CHAIR BUT WE WILL NOT BE MOVING THE DELETE DE --TWO AMENDMENT
>> CHAIR MARIANI:
VERY WELL. HOUSE FILE 418 IS THE WORST REPRESENTATIVE JIM MUELLER >> REPRESENTATIVE MOLLER: THANK YOU; MR. CHAIR MEMBERS
AS FILE 418 IS REALLY JUST BEGINNING OF THE CONVERSATION HERE AND ONE OF THE
THINGS THAT I THINK IT'S REALLY IMPORTANT
AS WERE MOVING FORWARD AND HOW
WE CAN ADDRESS SEXUAL ASSAULT ISSUES IN THE STATE IS TO LOOK AT OUR CRIMINAL SEXUAL CONDUCT
STATUTE. THE PURPOSE OF THIS BILL IS GREAT A
WORKING GROUP TO REALLY EXAMINE OUR CRIMINAL
SEXUAL CONDUCT STATUES ARE WORKING OR NOT WORKING AND LOOK AT REWRITING ALL OF
THOSE STATUTES.
TO TALK A LITTLE BIT ABOUT WHY THIS
IS NECESSARY; OVER THE YEARS; THE STATUTE HAS
BEEN AMENDED TIME AND
TIME AGAIN
THAT EVEN THE LAST COUPLE OF HEARINGS WE HAVE HEARD ABOUT SOME OF THE SITUATIONS THAT ARE NOT COVERED BY STATUTE WHICH WE THINK SHOULD BE COVERED. WHETHER
THE EXCLUSIONS LIKE
MARITAL RAPE; [INAUDIBLE] A TEACHER HAVING SEX WITH
18-YEAR-OLD STUDENTS
REPRESENTATIVE MILLER YOU MADE A POINT AT THE HEARING THE OTHER DAY BUT YOU HATED
THE LOOPHOLES IN THESE CASES AND IT SEEMS LIKE WE ARE JUST COSTLY FIXING THESE LOOPHOLES
AND WHAT HAPPENS IS AS
A RESULT THE STATUTES HAVE BECOME
VERY UNWIELDY. WITH SEXUAL CONTACT
THERE'S THREE SEPARATE DEFINITIONS OF SEXUAL CONTACT DEPENDING ON WHAT
CHARGING PROVISIONS
ARE USING. IT'S GOTTEN VERY COMPLICATED.
WHEN WE ARE JUST COMING BACK AND
TRYING TOCLOSE
THESE LOOPHOLES IT SEEMS THAT
WE ARE DENYING VICTIMS JUSTICE AND WE NOT HOLDING OFFENDERS ACCOUNTABLE.
HERE'S ANOTHER LOOPHOLE I
WANTED TO EXPLAIN TO YOU. SO THE MINNESOTA SUPREME COURT
AND SO THIS SUMMER OF 2018 ISSUED
A DECISION
IN THE ORTEGA RODRIGUEZ CASE AND IN
THAT CASE REVERSED A FIRST-DEGREE CRIMINAL SEXUAL CONDUCT
CONVICTION INVOLVING THE ABUSE OF A 10-YEAR-OLD
OVER THE COURSE OF SEVERAL MONTHS
IN THE COURT HELD THAT THE
STATUTE REQUIRED THAT PENETRATION
OF HER AND THAT THE GENITAL CONTACT TO GENITAL CONTACT IS NOT ENOUGH. THERE ACTUALLY HAD TO BE PENETRATION.
SO THAT HIGHLIGHTS YET ANOTHER LOOPHOLE IN OUR LAW AND WORKING ON LEGISLATION TO ADDRESS THAT ISSUE
BUT IT ALSO SHOWS THE BROADER CONCERN OF CASES THAT I'VE SEEN AS A PROSECUTOR ESPECIALLY IN CHILD SEXUAL ABUSE CASES WHERE WE ARE ASKING CHILDREN TO DESCRIBE
IF THERE IS CONTACT
OR PENETRATION AND FOUR CHILDREN TO BE
ABLE TOKNOW THAT HAPPENED
ARTICULATE THAT IS ACTUALLY DIFFICULT IN A LOT OF OUR LAWS
MAKE US ASKED CHILDREN THESE KINDS OF DETAILED QUESTIONS. SO THAT'S JUST ONE EXAMPLE OF AN AREA THAT I THINK THAT NEEDS TO BE
LOOKED AT. I HAVE
SEVERAL TESTIFIERS HERE THAT ARE GOING TO TALK ABOUT SOME OF
THE CHANGES
THAT SHERRY -- IF YOU WANT TO COME UP; IS
A PROSECUTO
R I WORKED WITH HER FOR A NUMBER OF YEARS SHE'S GOT A LOT OF KNOWLEDGE ON THIS ISSUE. >> CHAIR MARIANI: VERY WELL.
REPRESENTATIVE MOLLER WHEN WE ASK THE OTHERS TO
COME UP AND BE AT LEAST
NEARBY BECAUSE WERE PRESSED FOR TIME
>> REPRESENTATIVE MOLLER: THAT WOULD BE GREAT GET THE OTHER TESTIFIERS ARE LINDY RACE FROM MN-CASA
WITH [INAUDIBLE] FROM SURVIVING SO CERT AND MEGAN ARIELLA IS
A SURVIVOR AND I JUST WANT TO MAKE A NOTE ABOUT SURVIVORS. I DID
LET SOME ORGANIZATIONS KNOW THAT OUR COMMITTEE IS ALWAYS WANTING
TO HEAR FROM VICTIM AND SURVIVORS AND SO THE MICROPHONE IS ALWAYS OPEN TO HEAR ABOUT THESE CASES BUT WE REALLY APPRECIATE
MS. -- COMING AND TALKING TO US BUT WE WANT TO HEAR YOUR VOICES AND SO
ANY OF THESE BILLS THAT WE ARE DISCUSSING AND I THINK I SPEAK ON BEHALF OF MY OTHER COMMITTEE MEMBERS AS WELL; PLEASE; ALWAYS FEEL FREE TO SHARE THIS CONCERNS WITH US. AND YOU FOR COMING >> CHAIR MARIANI: THANK YOU REPRESENTATIVE JIM MUELLER.
[INAUDIBLE] FOR MS. THOMPSON WELCOME TO THE COMMITTEE.
>> TESTIFIER: THANK YOU. MY
NAME IS [INAUDIBLE]
RESCUED WITH HENNEPIN COUNTY'S ATTORNEY'S OFFICE BUT
I'M CURRENTLY A SENIOR ASSISTANT AT THE COUNTY ATTORNEYS AND I SUPERVISE CHILD ABUSE PROSECUTION IN ADDITION TO ONE OF OUR DULL PROSECUTION AND
HAVE A TRIAL TEAM AS ALWAYS BEEN MY PRIVILEGE OVER THE YEARS WORKING IN HENNEPIN COUNTY TO BE
ABLE TO WORK WITH ANY NUMBER OF SURVIVORS OF
SEXUAL ASSAULT BE IT ADULT OR
CHILD SURVIVORS. I
HAVE WORKED AT HENNEPIN COUNTY ATTY.'S OFFICE AS A PROSECUTOR FOR SEVEN YEARS. BEEN WORKING AS
A PROSECUTORFOR 20
YEARS TOTAL INCLUDING WORKING AT THE MINNESOTA ATTY. GEN.'S OFFICE
AND THE DAKOTA COUNTY
ATTY.'S OFFICE. SO
ALL TOLD; IN MY YEARS OF EXPENSE
I'VE HAD SO MANY OPPORTUNITIES AND PRIVILEGES TO WORK WITH NUMEROUS
VICTIMS OF
SEXUAL ASSAULT AND TO NAVIGATE SOME OF
THE STATUTORY ISSUES THAT WE HAVE SEXUAL ASSAULT CASES. I WOULD
NOTE THAT
REPRESENTATIVE MOLLER ASKED THAT I BE HERE TODAY TO TALK A LITTLE
BIT ABOUT JUST A COUPLE OF EXPENSES THAT HAVE HAD AS A PROSECUTOR
DOING WITH SOME OF THE
LEGISLATIVE CHALLENGES THAT THERE ARE IN
RELATION TO THE BILL THAT SHE
HAS PROPOSED
TO DO A FULL REVIEW OF THOSE. I HAVE TWO
CIRCUMSTANCES THAT ARE LIKE TO SPEAK WITH THE COMMITTEE ABOUT TODAY IN GENERAL.
FIRST OF ALL I LIKE TO JUST SPEAK ABOUT
THE ISSUE THAT REPRESENTATIVE MOLLER JUST TALK ABOUT
WITH THE ORTEGA RODRIGUEZ CASE THAT WAS
JUST RECENTLY
DECIDED BY THE MINNESOTA SUPREME COURT.
IS THIS COMMITTEE MAY BE AWARE;
THE DEFINITION
IN CASES INVOLVING CRIMINAL SEXUAL CONDUCT IN THE 1ST°;
CONDUCT THAT INVOLVES
SEXUAL PENETRATION IS PENALIZED IN ADDITION TO CONDUCT INVOLVING CHILDREN UNDER THE AGE OF 13
WHEN IT IS THERE
THEY ARE GENITAL TO GENITAL CONTACT AND MY ANDERSON IS THAT LEGISLATION
THAT THE ADDITION OF THE BEAR GENITAL TO GENITAL CONTACT
WAS THAT MANY YEARS AGO THAT LEGISLATION WENT THROUGH
BECAUSE OF THE EXPERIENCES THAT
CHILDREN HAVE CERTAINLY
CHILDREN UNDER THE AGE OF 13; IN
DESCRIBING PENETRATION. AS REPRESENTATIVE
MOLLER INDICATED; AS PROSECUTORS; WE
ARE OFTEN IN A POSITION
OF HAVING TO TALK WITH THE
MOST VULNERABLE
OF SURVIVORS ABOUT THE MOST DIFFICULT
AND CHALLENGING
OF EXPERIENCES THAT THEY HAVE IN PARTICULAR;
WITH CHILDREN IT PRESENTS A CHALLENGE
BECAUSE CHILDREN ARE PLACED IN A POSITION TO DESCRIBE ACTS THAT THEY SHOULD NEVER HAVE TO KNOW ABOUT IN THE
FIRST PLACE.
CERTAINLY; THE ISSUE OF
SEXUAL PENETRATION IS AN
EXTREMELY DIFFICULT CIRCUMSTANCE FOR A CHILD OF
ANY AGE TO DESCRIBE BUT CERTAINLY
AS THE LEGISLATION REFLECTS THE AGE OF 13 OR UNDER THE AGE
OF 13; TO DESCRIBE WHAT THAT MEANS
; CERTAIN BODY PARTS AND HOW THOSE BO
DY PARTS WERE INVOLVED IN WHAT HAPPENED TO THEM IS VERY DIFFICULT. SO
THAT LEGISLATION
WHERE IT DESCRIBES FIRST-DEGREE CRIMINAL SEXUAL CONDUCT CAN INVOLVE NOT
ONLY PENETRATION
BUT THEIR GENERAL TWO TO GENITAL CONTACT IS
EXTRAORDINARILY HELPFUL FOR PROSECUTING CASES
INVOLVING CHILDREN UNDER THE AGE
OF 13. THE ISSUE THAT'S
PRESENTED ITSELF IN THE ORTEGA RODRIGUEZ
DECISION IS THAT PORTION OF THE
STATUTE CRIMINAL SEXUAL CONDUCT IN THE 1ST°
ONLY REFERENCE REFERENCE SEXUAL PENETRATION
THAT SPECIFICALLY INDICATE THAT INCLUDED IN THAT WOULD BE BETTER TO BEAR GENITAL CONTACT IF THE VICTIM IS
UNDER 13. SO IT IS I BELIEVE
REPRESENTATIVE MOLLER
BILL TO MAKE SURE THAT THERE'S A REVIEW OF
THE STATUTE TO FIX ANY OF
THOSE ISSUES AS IT RELATES TO WHETHER
THE DEFINITION FOR THE CONDUCT
THAT'S ANALYZED [INAUDIBLE] AS
I SAY
IN THE [INAUDIBLE] THAT YOU BOTH SEXUAL PENETRATION OR BEAR TO BEAR GENITAL CAN'T
CONTACT IS ALSO COVERED.
SO THAT'S A CIRCUMSTANCE WHERE I KNOW THAT WAS A PROSECUTION BELIEVE IN RAMSEY COUNTY WHERE
THAT HAPPENS BUT WITH THE STATUTE BECAUSE
IT ONLY SAID SEXUAL PENETRATION FOR
THE PORTION THE CASE WAS PROSECUTED UNDER AND THE CONDUCT WAS BEAR GENITAL TO GENITAL
CONTACT [INAUDIBLE] FIX THAT LEGISLATION WILL BE EXTRAORDINARILY HELPFUL TO AVOID ANY FUTURE CIRCUMSTANCES SUCH AS THAT. AS I'VE INDICATED
I'VE HAD THE PRIVILEGE TO SPEAK WITH NUMEROUS CHILDREN WHO
HAVE A LEDGE OF AND VICTIMIZED
SEXUAL ASSAULT
IN THE LANGUAGE IN THE STATUTE THAT INHIBITS
AND MAKES CRIMINAL
SEXUAL ASSAULT IN THE 1ST° IS
SOMETHING THAT
THE GENERAL TWO TO GENITAL CONTACT IS SOMETHING WE DO WITH
A FAIRLY REGULAR BASIS IN A CHILD ABUSE CASES.
IN
HENNEPIN COUNTY AND COUNTIES THROUGHOUT THE STATE
OF MINNESOTA. MANY OF WHOM I GET TO WORK WITH
AS A CHILD ABUSE PROSECUTION SEXUAL
ASSAULT PROSECUTORS. AS A RELATES TO
ANOTHER EXAMPLE; OF A
CASE WHERE A REVIEW OF
THE LEGISLATION
TO TAKE MAYBE AMENDMENTS THAT WERE NOT
REPORTED TO NOT DO SO HE CONTEMPLATED AND
WORKING TOGETHER; IS THE SEXUAL
CONTACT STATUTE. SPECIFICALLY;
SEXUAL CONTACTTHE
SECTION DEGREE CRIMINAL SEXUAL
CONDUCT IN THE SECONDARY AND IN THE 4TH° WITH A PROHIBITION
IS AGAINST SEXUAL CONTACT. A CASE
EXAMPLE THAT
REPRESENTATIVE MOLLER AND I
SPOKE ABOUT THE EVENT OF EXPENSE WAS A CIRCUMSTANCE WHERE WE WERE PROSECUTING AN INDIVIDUAL WHO SEXUALLY ASSAULTED A WOMAN WHO IS NOT CONSCIOUS AT
THE TIME AND THE ALLEGATION OF SEXUAL
ASSAULT INVOLVED
HIS GENITALIA TO HER MOUTH AREA AND SHE WAS
NOT CONSCIOUS FOR THE SEXUAL ASSAULT. SHE DID NOT KNOW WHAT WAS ACTUALLY HAPPENING AT THE TIME IT WAS HAPPENING.
BECAUSE THE CASE WAS ELISE INITIALLY
LARGELY CIRCUMSTANTIAL
WE DID CHARGE A CRIMINAL SEXUAL CONTACT IN THE 4TH°
BELIEVING THAT BECAUSE SHE WAS PHYSICALLY
HELPLESS THE DEFINITION OF
SEXUAL CONTACT CONTEMPLATED
THE PERPETRATORS INTIMATE
PARTS AGAINST THE COMPLAINANTS
NON-INTIMATE PART BUT WHAT WE FOUND IS THAT THE DEFINITION OF SEXUAL CONTACT; SUBDIVISION
11; 609341 HAS TWO SEPARATE DEFINITIONS OF SEXUAL CONTACT AND ONE OF THE DEFINITIONS DEFINITIONS BUT TO CERTAIN
PROVISIONS OF THE STATUTE IN
THE DEFINITION THAT WENT WITH
OUR
PARTICULAR CONTEXT DID NOT APPLY TO THE PHYSICALLY HOPELESS PROVISION. IT ONLY APPLY TO CERTAIN SUBDIVISIONS
NOT INCLUDED IN THE SET OF FACTS WE HAD. SO THAT WAS AN EXAMPLE
THAT IMMEDIATELY CAME TO MIND AS REPRESENTATIVE MOLLER
WAS TALK ABOUT THE POSSIBLE REVIEW OF SEXUAL ASSAULT STATUTE AND TRYING TO SEE WHAT IF ANY RECONCILIATION OF ANY AMENDMENTS OR CHANGES THAT HAPPEN OVER THE YEARS THAT
COULD IMPACT WITHOUT COULD
BE AFFECTED. THIS IS MY CLOSE EXAMPLE OF A
CIRCUMSTANCE WHERE THE STATUTE DID NOT PERMIT
US TO PROSECUTE THE INDIVIDUAL FOR SEXUAL CONDUCT BECAUSE THE DEFINITION OF
SEXUAL CONTACT WAS NOT APPLICABLE
TO HIS CONDUCT IF THE VICTIM WAS
PHYSICALLY HELPLESS. AT
THE TIME. SO W
E CERTAINLY WERE ABLE TO PROSECUTE THE INDIVIDUAL FOR
CRIMINAL SEXUAL CONDUCT IN THE
3RD°
AND [INAUDIBLE] SO WE WERE SUCCESSFUL IN OUR PERSECUTION BUT THAT CERTAINLY
WAS AN ISSUE THAT
PRESENTED ITSELF FOR CHARGES THAT
WE BELIEVED WOULD
BE APPLICABLE TO THAT PARTICULAR
CASE. SO I APPRECIATE VERY MUCH
THE OPPORTUNITY
TO COME AND JUST HIGHLIGHT A COUPLE OF EXAMPLES
OF CIRCUMSTANCES THAT AS
A PROSECUTOR
IS REDOING THESE CASES FOR SEVERAL YEARS;
I WELCOME A REVIEW OF THE SEXUAL
ASSAULT STATUTE AND RECONCILING
ANY ISSUES
OR DIFFERENCES IN DEFINITIONS THAT MAY OR MAY NOT IMPACT FUTURE PROSECUTIONS. >> CHAIR MARIANI: THANK
YOU. FOR HELPING
TO HIGHLIGHT SOME EXAMPLES OF WHY THE IMPORTANCE
OF THE
SEXUAL ASSAULT LAWS AS THEY APPLY TO THE BURDEN ON
OUR PROSECUTORS TO PURSUE
JUSTICE EQUITABLY [INAUDIBLE].
WE HAVE REPRESENTATIVE JOE MUELLER
FIVE MINUTES.
LET'S FIT IN AS MUCH TESTIMONY AS WE CAN THEN
WILL [INAUDIBLE] >>
REPRESENTATIVE MOLLER: SURE. AND IT TURNED OVER TO
LINDSAY BRYCE FROM MN-CASA?
WITH GREAT >> TESTIFIER: MR. CHAIR; MEMBERS; THANK YOU FOR INVITING ME AGAIN TODAY. THIS IS THE
SECOND TIME BECAUSE I WAS HERE YESTERDAY AS WELL. MY NAME IS
LINDSAY BRYCE AND
ON THE POLICY DIRECTOR AT THE MINNESOTA COALITION AGAINST SEXUAL ASSAULT.
I'M GOING TO SKIP RESTING EVERYBODY
HERE KNOWS WHAT MN-CASA IS GOOD ON
HIS COMPUTER. I'M HERE TO SPEAK
IN SUPPORT OF THIS BILL
AND [INAUDIBLE] AND YOURSELF MR. CHAIR FOR ADVANCING
THIS CONVERSATION. JUST BRIEFLY;
MN-CASA HAS
-- DOES A FAIRLY SUBSTANTIAL POLICY WORK WE'VE A
POLICY COMMITTEE
THAT [INAUDIBLE] CRIMINAL JUSTICE
PROFESSIONALS; VICTIM SURVIVORS
AND OTHERS. WE PRAY THAT COMMITTEE DOWN INTO
MULTIPLE SUBCOMMITTEES AND ARE
ACCESS TO JUSTICE
OF COMMITTEE HAS HISTORICALLY HAD
SUBSTANTIAL PROSECUTION INPUT
AND INVOLVEMENT. WE HAVE SPENT
[INAUDIBLE] SUBSTANTIAL TIME
[INAUDIBLE]
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