H.B. 177

1

POST CERTIFICATION OF YOUTH
2 CORRECTIONS WORKERS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Blake D. Chard
6 AN ACT RELATING TO CODE OF CRIMINAL PROCEDURE; EXTENDING THE P.O.S.T.
7 CERTIFICATION REQUIREMENT FOR YOUTH CORRECTIONS WORKERS FOR ONE
8 YEAR.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 77-1a-2, as last amended by Chapter 163, Laws of Utah 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 77-1a-2 is amended to read:
14 77-1a-2. Correctional officer.
15 (1) (a) "Correctional officer" means an officer or employee of the Department of
16 Corrections, youth corrections, any political subdivision of the state, or any private entity which
17 contracts with the state or its political subdivisions to incarcerate inmates, who is charged with the
18 primary duty of providing community protection.
19 (b) "Correctional officer" includes an individual assigned to carry out any of the following
20 types of functions:
21 (i) controlling, transporting, supervising, and taking into custody of persons arrested or
22 convicted of crimes;
23 (ii) supervising and preventing the escape of persons in state and local incarceration
24 facilities; and
25 (iii) guarding and managing inmates and providing security and enforcement services at
26 a correctional facility.
27 (2) (a) Correctional officers have peace officer authority only while engaged in the

1 performance of their duties. The authority of correctional officers employed by the Department
2 of Corrections is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
3 (b) Correctional officers may carry firearms only if authorized by and under conditions
4 specified by the director of the Department of Corrections or the chief law enforcement officer of
5 the employing agency.
6 (3) (a) An individual may not exercise the authority of a correctional officer until the
7 individual has satisfactorily completed a basic training program for correctional officers and the
8 director of the Department of Corrections or the chief administrator of the employing agency has
9 certified the completion of training to the director of Peace Officer Standards and Training.
10 (b) The Department of Corrections of the state or the employing agency, shall establish
11 and maintain a corrections officer basic course and in-service training programs as approved by
12 the director of Peace Officer Standards and Training, with the advice and consent of the Council
13 on Peace Officer Standards and Training. The in-service training shall consist of no fewer than
14 40 hours per year, and shall be conducted by the agency's own staff or other agencies.
15 (4) Employees of the Division of Youth Corrections or private entities that contract with
16 the division are not required to comply with the provisions of this section until July 1, [1997]
17 1998.




Legislative Review Note
as of 12-10-96 11:06 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Judiciary Interim Committee recommended this bill.

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