H.B. 191 Enrolled

CORRECTIONAL OFFICER AMENDMENT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Blake D. Chard
AN ACT RELATING TO THE UTAH CODE OF CRIMINAL PROCEDURE; REMOVING
THE REFERENCE TO YOUTH CORRECTIONS FROM THE CORRECTIONAL OFFICER
STATUTE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
77-1a-2, as last amended by Chapters 7 and 315, Laws of Utah 1997
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; 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 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, 1998.]

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