53-6-202.  Basic training course — Completion required — Annual training — Prohibition from exercising powers — Reinstatement.

(1) 

Terms Used In Utah Code 53-6-202

  • 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.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Certified academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-6-102
  • Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102
  • 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 53-6-102
  • Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102
  • 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 is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • (a)  The director shall:

    (i) 

    (A)  suggest and prepare subject material; and

    (B)  schedule instructors for basic training courses; or

    (ii)  review the material and instructor choices submitted by a certified academy.

    (b)  The subject material, instructors, and schedules shall be approved or disapproved by a majority vote of the council.

    (2)  The materials shall be reviewed and approved by the council on or before July 1st of each year and may from time to time be changed or amended by majority vote of the council.

    (3)  The basic training in a certified academy:

    (a)  shall be appropriate for the basic training of peace officers in the techniques of law enforcement in the discretion of the director; and

    (b)  may not include the use of chokeholds, carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce a loss of consciousness, as a valid method of restraint.

    (4) 

    (a)  All peace officers shall satisfactorily complete the basic training course or the waiver process provided for in this chapter as well as annual certified training of not less than 40 hours as the director, with the advice and consent of the council, directs.

    (b)  A peace officer who fails to satisfactorily complete the annual training shall automatically be prohibited from exercising peace officer powers until any deficiency is made up.

    (c) 

    (i)  Beginning July 1, 2021, the annual training shall include no less than 16 hours of training focused on mental health and other crisis intervention responses, arrest control, and de-escalation training.

    (ii)  Standards for the training shall be determined by each law enforcement agency or department and approved by the director or designee.

    (iii)  Each law enforcement agency or department shall include a breakdown of the 16 hours within the annual audit submitted to the division.

    (5)  Beginning July 1, 2021, the director shall ensure that annual training covers intervention responses for mental illnesses, autism spectrum disorder, and other neurological and developmental disorders.

    (6)  Beginning July 1, 2023, the director shall ensure that annual training covers at least one hour of training on responses to sexual traumas and investigations of sexual assault and sexual abuse in accordance with Section 53-10-908.

    (7)  Beginning July 1, 2023, the director shall, subject to approval by a majority vote of the council, ensure that the basic training curriculum covers instruction on identifying, responding to, and reporting a criminal offense that is motivated by a personal attribute, as that term is defined in Section 76-3-203.14, victim targeting penalty enhancement.

    Amended by Chapter 158, 2023 General Session
    Amended by Chapter 445, 2023 General Session