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H.B. 177 Enrolled

    

POST CERTIFICATION OF YOUTH

    
CORRECTIONS WORKERS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Blake D. Chard

    AN ACT RELATING TO CODE OF CRIMINAL PROCEDURE; EXTENDING THE P.O.S.T.
    CERTIFICATION REQUIREMENT FOR YOUTH CORRECTIONS WORKERS FOR
    ONE YEAR.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         77-1a-2, as last amended by Chapter 163, Laws of Utah 1996
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 77-1a-2 is amended to read:
         77-1a-2. Correctional officer.
        (1) (a) "Correctional officer" means an officer or employee of the Department of
    Corrections, youth 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; and
        (iii) guarding and managing inmates and providing security and enforcement services at
    a correctional facility.
        (2) (a) Correctional officers have peace officer authority only while engaged in the
    performance of their duties. 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 a correctional officer until the
    individual has satisfactorily completed a basic training program for correctional officers and the
    director of the Department of Corrections or the chief administrator of the employing agency has
    certified the completion of training to the director of Peace Officer Standards and Training.
        (b) The Department of Corrections of the state or the employing agency, shall establish and
    maintain a corrections officer basic course and in-service training programs as approved by the
    director of Peace Officer Standards and Training, with the advice and consent of the Council on
    Peace Officer Standards and Training. The in-service training shall consist of no fewer than 40
    hours per year, and shall be conducted by the agency's own staff or other agencies.
        (4) Employees of the Division of Youth Corrections or private entities that contract with the
    division are not required to comply with the provisions of this section until July 1, [1997] 1998.

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