(1) 

Terms Used In Utah Code 53-13-104

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Certified: means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council. See Utah Code 53-13-101
  • Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-13-101
  • Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-13-101
  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division has been certified by the commissioner; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
  • Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Sworn: means having taken the oath of office set forth in Utah Constitution Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works. See Utah Code 53-13-101
  • While on duty: means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency. See Utah Code 53-13-101
  • (a)  “Correctional officer” means a sworn and certified officer employed by the Department of Corrections, any political subdivision of the state, or any private entity which contracts with the state or its political subdivisions to incarcerate inmates who is charged with the primary duty of providing community protection.

    (b)  “Correctional officer” includes an individual assigned to carry out any of the following types of functions:

    (i)  controlling, transporting, supervising, and taking into custody of persons arrested or convicted of crimes;

    (ii)  supervising and preventing the escape of persons in state and local incarceration facilities;

    (iii)  guarding and managing inmates and providing security and enforcement services at a correctional facility; and

    (iv)  employees of the Board of Pardons and Parole serving on or before September 1, 1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and provide security to the Board of Pardons and Parole, and who are designated by the Board of Pardons and Parole, approved by the commissioner of public safety, and certified by the Peace Officer Standards and Training Division.

    (2) 

    (a)  Correctional officers have peace officer authority only while on duty. The authority of correctional officers employed by the Department of Corrections is regulated by Title 64, Chapter 13, Department of Corrections – State Prison.

    (b)  Correctional officers may carry firearms only if authorized by and under conditions specified by the director of the Department of Corrections or the chief law enforcement officer of the employing agency.

    (3) 

    (a)  An individual may not exercise the authority of an adult correctional officer until the individual has satisfactorily completed a basic training program for correctional officers and the director of the Department of Corrections has certified the completion of training to the director of the division.

    (b)  An individual may not exercise the authority of a county correctional officer until:

    (i)  the individual has satisfactorily completed a basic training program for correctional officers and any other specialized training required by the local law enforcement agency; and

    (ii)  the chief administrator of the local law enforcement agency has certified the completion of training to the director of the division.

    (4) 

    (a)  The Department of Corrections of the state shall establish and maintain a correctional officer basic course and in-service training programs as approved by the director of the division with the advice and consent of the council.

    (b)  The in-service training shall:

    (i)  consist of no fewer than 40 hours per year; and

    (ii)  be conducted by the agency’s own staff or other agencies.

    (5)  The local law enforcement agencies may establish correctional officer basic, advanced, or in-service training programs as approved by the director of the division with the advice and consent of the council.

    (6) 

    (a)  Beginning July 1, 2019, an individual shall be 19 years of age or older before being certified or employed as a correctional officer under this section.

    (b)  A person under the age of 21 years who is certified as a correctional officer may only be employed in a jail facility.

    Amended by Chapter 90, 2019 General Session