77-11b-105.  Training requirements.

(1)  As used in this section:

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Terms Used In Utah Code 77-11b-105

  • Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
  • Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101
  • 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
(a)  “Council” means the Utah Prosecution Council created in Section 67-5a-1.

(b)  “Division” means the Peace Officers Standards and Training Division created in Section 53-6-103.

(2)  To participate in the program, an agency shall have at least one employee who is certified by the division as an asset forfeiture specialist through the completion of an online asset forfeiture course by the division.

(3)  The division shall:

(a)  develop an online asset forfeiture specialist course that is available to an agency for certification purposes;

(b)  certify an employee of an agency who meets the course requirements to be an asset forfeiture specialist;

(c)  recertify, every 36 months, an employee who is designated as an asset forfeiture specialist by an agency;

(d)  submit annually a report to the commission no later than April 30 that contains a list of the names of the employees and agencies participating in the certification courses;

(e)  review and update the asset forfeiture specialist course each year to comply with state and federal law; and

(f)  provide asset forfeiture training to all peace officers in basic training programs.

(4)  To be reimbursed for costs under Subsection 77-11b-401(3)(b), a prosecuting agency shall have at least one employee who is certified by the council as an asset forfeiture specialist through the completion of an online asset forfeiture course.

(5)  The council shall:

(a)  develop an online asset forfeiture specialist course that is available to a prosecuting agency for certification purposes;

(b)  certify an employee of a prosecuting agency who meets the course requirements to be an asset forfeiture specialist;

(c)  submit annually a report to the commission no later than April 30 that contains a list of the names of the employees and prosecuting agencies participating in certification courses by the council; and

(d)  review and update the asset forfeiture specialist course each year to comply with state and federal law.

Renumbered and Amended by Chapter 448, 2023 General Session