Representative James A. Dunnigan proposes the following substitute bill:


1     
CORRECTIONAL OFFICER ELIGIBILITY AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill removes the prohibition for 19-year-olds to work as correctional officers for
10     the Department of Corrections.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes the prohibition for 19-year-olds to work as correctional officers for the
14     Department of Corrections;
15          ▸     removes the repeal date from the pilot program allowing 19-year-olds to work as
16     correctional officers;
17          ▸     allows 19-year-olds to become Special Function Officers; and
18          ▸     adds Special Function Officers to the list of 19-year-olds who may work as
19     correctional officers, as long as they are also certified as correctional officers.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          53-6-203, as last amended by Laws of Utah 2021, First Special Session, Chapter 13
27          53-13-104, as last amended by Laws of Utah 2019, Chapter 90
28          53-13-105, as last amended by Laws of Utah 2016, Chapter 300
29          63I-1-253, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
30          64-13-21.5, as last amended by Laws of Utah 1998, Chapter 282
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-6-203 is amended to read:
34          53-6-203. Applicants for admission to training programs or for certification
35     examination -- Requirements.
36          (1) Before being accepted for admission to the training programs conducted by a
37     certified academy, and before being allowed to take a certification examination, each applicant
38     for admission or certification examination shall meet the following requirements:
39          (a) be either:
40          (i) a United States citizen; or
41          (ii) a lawful permanent resident of the United States who:
42          (A) has been in the United States legally for the five years immediately before the day
43     on which the application is made; and
44          (B) has legal authorization to work in the United States;
45          (b) be at least:
46          (i) 19 years old at the time of certification as a special function officer or correctional
47     officer; or
48          [(i)] (ii) 21 years old at the time of certification as a [special function] law enforcement
49     officer; [or]
50          [(ii) as of July 1, 2019, 19 years old at the time of certification as a correctional
51     officer;]
52          (c) be a high school graduate or furnish evidence of successful completion of an
53     examination indicating an equivalent achievement;
54          (d) have not been convicted of a crime for which the applicant could have been
55     punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
56     this or another state;
57          (e) have demonstrated good moral character, as determined by a background
58     investigation;
59          (f) be free of any physical, emotional, or mental condition that might adversely affect
60     the performance of the applicant's duties as a peace officer; and
61          (g) meet all other standards required by POST.
62          (2) (a) An application for admission to a training program shall be accompanied by a
63     criminal history background check of local, state, and national criminal history files and a
64     background investigation.
65          (b) The costs of the background check and investigation shall be borne by the applicant
66     or the applicant's employing agency.
67          (3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
68     conviction obtained in this state or other jurisdiction, including a conviction that has been
69     expunged, dismissed, or treated in a similar manner to either of these procedures, may be
70     considered for purposes of this section.
71          (b) This provision applies to convictions entered both before and after the effective
72     date of this section.
73          (4) Any background check or background investigation performed under the
74     requirements of this section shall be to determine eligibility for admission to training programs
75     or qualification for certification examinations and may not be used as a replacement for any
76     background investigations that may be required of an employing agency.
77          (5) An applicant shall be considered to be of good moral character under Subsection
78     (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection
79     53-6-211(1).
80          (6) An applicant seeking certification as a law enforcement officer, as defined in
81     Section 53-13-103, shall be qualified to possess a firearm under state and federal law.
82          Section 2. Section 53-13-104 is amended to read:
83          53-13-104. Correctional officer.
84          (1) (a) "Correctional officer" means a sworn and certified officer employed by the
85     Department of Corrections, any political subdivision of the state, or any private entity which
86     contracts with the state or its political subdivisions to incarcerate inmates who is charged with
87     the primary duty of providing community protection.
88          (b) "Correctional officer" includes an individual assigned to carry out any of the
89     following types of functions:
90          (i) controlling, transporting, supervising, and taking into custody of persons arrested or
91     convicted of crimes;
92          (ii) supervising and preventing the escape of persons in state and local incarceration
93     facilities;
94          (iii) guarding and managing inmates and providing security and enforcement services
95     at a correctional facility; and
96          (iv) employees of the Board of Pardons and Parole serving on or before September 1,
97     1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes,
98     and provide security to the Board of Pardons and Parole, and who are designated by the Board
99     of Pardons and Parole, approved by the commissioner of public safety, and certified by the
100     Peace Officer Standards and Training Division.
101          (2) (a) Correctional officers have peace officer authority only while on duty. The
102     authority of correctional officers employed by the Department of Corrections is regulated by
103     Title 64, Chapter 13, Department of Corrections - State Prison.
104          (b) Correctional officers may carry firearms only if authorized by and under conditions
105     specified by the director of the Department of Corrections or the chief law enforcement officer
106     of the employing agency.
107          (3) (a) An individual may not exercise the authority of an adult correctional officer
108     until the individual has satisfactorily completed a basic training program for correctional
109     officers and the director of the Department of Corrections has certified the completion of
110     training to the director of the division.
111          (b) An individual may not exercise the authority of a county correctional officer until:
112          (i) the individual has satisfactorily completed a basic training program for correctional
113     officers and any other specialized training required by the local law enforcement agency; and
114          (ii) the chief administrator of the local law enforcement agency has certified the
115     completion of training to the director of the division.
116          (4) (a) The Department of Corrections of the state shall establish and maintain a
117     correctional officer basic course and in-service training programs as approved by the director of
118     the division with the advice and consent of the council.
119          (b) The in-service training shall:
120          (i) consist of no fewer than 40 hours per year; and
121          (ii) be conducted by the agency's own staff or other agencies.
122          (5) The local law enforcement agencies may establish correctional officer basic,
123     advanced, or in-service training programs as approved by the director of the division with the
124     advice and consent of the council.
125          (6) [(a) Beginning July 1, 2019, an] An individual shall be 19 years [of age] old or
126     older before being certified or employed as a correctional officer under this section.
127          [(b) A person under the age of 21 years who is certified as a correctional officer may
128     only be employed in a jail facility.]
129          Section 3. Section 53-13-105 is amended to read:
130          53-13-105. Special function officer.
131          (1) (a) "Special function officer" means a sworn and certified peace officer performing
132     specialized investigations, service of legal process, security functions, or specialized ordinance,
133     rule, or regulatory functions.
134          (b) "Special function officer" includes:
135          (i) state military police;
136          (ii) constables;
137          (iii) port-of-entry agents as defined in Section 72-1-102;
138          (iv) authorized employees or agents of the Department of Transportation assigned to
139     administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
140          (v) school district security officers;
141          (vi) Utah State Hospital security officers designated pursuant to Section 62A-15-603;
142          (vii) Utah State Developmental Center security officers designated pursuant to
143     Subsection 62A-5-206(8);
144          (viii) fire arson investigators for any political subdivision of the state;
145          (ix) ordinance enforcement officers employed by municipalities or counties may be
146     special function officers;
147          (x) employees of the Department of Natural Resources who have been designated to
148     conduct supplemental enforcement functions as a collateral duty;
149          (xi) railroad special agents deputized by a county sheriff under Section 17-30-2 or
150     17-30a-104, or appointed pursuant to Section 56-1-21.5;
151          (xii) auxiliary officers, as described by Section 53-13-112;
152          (xiii) special agents, process servers, and investigators employed by city attorneys;
153          (xiv) criminal tax investigators designated under Section 59-1-206; and
154          (xv) all other persons designated by statute as having special function officer authority
155     or limited peace officer authority.
156          (2) (a) A special function officer may exercise that spectrum of peace officer authority
157     that has been designated by statute to the employing agency, and only while on duty, and not
158     for the purpose of general law enforcement.
159          (b) If the special function officer is charged with security functions respecting facilities
160     or property, the powers may be exercised only in connection with acts occurring on the
161     property where the officer is employed or when required for the protection of the employer's
162     interest, property, or employees.
163          (c) A special function officer may carry firearms only while on duty, and only if
164     authorized and under conditions specified by the officer's employer or chief administrator.
165          (3) (a) A special function officer may not exercise the authority of a [peace] special
166     function officer until:
167          (i) the officer has satisfactorily completed an approved basic training program for
168     special function officers as provided under Subsection (4); and
169          (ii) the chief law enforcement officer or administrator has certified this fact to the
170     director of the division.
171          (b) City and county constables and their deputies shall certify their completion of
172     training to the legislative governing body of the city or county they serve.
173          (4) (a) The agency that the special function officer serves may establish and maintain a
174     basic special function course and in-service training programs as approved by the director of
175     the division with the advice and consent of the council.
176          (b) The in-service training shall consist of no fewer than 40 hours per year and may be
177     conducted by the agency's own staff or by other agencies.
178          (5) (a) An individual shall be 19 years old or older before being certified or employed
179     as a special function officer.
180          (b) A special function officer who is under 21 years old may only work as a
181     correctional officer in accordance with Section 53-13-104.
182          Section 4. Section 63I-1-253 is amended to read:
183          63I-1-253. Repeal dates, Titles 53 through 53G.
184          (1) Section 53-2a-105, which creates the Emergency Management Administration
185     Council, is repealed July 1, 2022.
186          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
187     Board, are repealed July 1, 2022.
188          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
189     July 1, 2023.
190          [(4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
191     repealed July 1, 2027.]
192          [(5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
193     repealed July 1, 2027.]
194          [(6)] (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board,
195     is repealed July 1, 2024.
196          [(7)] (5) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
197          [(8)] (6) Section 53B-17-1203, which creates the SafeUT and School Safety
198     Commission, is repealed January 1, 2025.
199          [(9)] (7) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
200          [(10)] (8) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed
201     July 1, 2025.
202          [(11)] (9) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
203     money from the Land Exchange Distribution Account to the Geological Survey for test wells
204     and other hydrologic studies in the West Desert, is repealed July 1, 2030.
205          [(12)] (10) Section 53E-3-515 is repealed January 1, 2023.
206          [(13)] (11) In relation to a standards review committee, on January 1, 2023:
207          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
208     recommendations of a standards review committee established under Section 53E-4-203" is
209     repealed; and
210          (b) Section 53E-4-203 is repealed.
211          [(14)] (12) Subsections 53E-3-503(5) and (6), which create coordinating councils for
212     youth in custody, are repealed July 1, 2027.
213          [(15)] (13) Section 53E-4-402, which creates the State Instructional Materials
214     Commission, is repealed July 1, 2022.
215          [(16)] (14) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
216     Commission, is repealed July 1, 2023.
217          [(17)] (15) Subsection 53E-8-204(4), which creates the advisory council for the Utah
218     Schools for the Deaf and the Blind, is repealed July 1, 2021.
219          [(18)] (16) Section 53F-2-420, which creates the Intensive Services Special Education
220     Pilot Program, is repealed July 1, 2024.
221          [(19)] (17) Section 53F-5-203 is repealed July 1, 2024.
222          [(20)] (18) Section 53F-5-212 is repealed July 1, 2024.
223          [(21)] (19) Section 53F-5-213 is repealed July 1, 2023.
224          [(22)] (20) Section 53F-5-214, in relation to a grant for professional learning, is
225     repealed July 1, 2025.
226          [(23)] (21) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
227     repealed July 1, 2025.
228          [(24)] (22) Subsection 53F-9-203(7), which creates the Charter School Revolving
229     Account Committee, is repealed July 1, 2024.
230          [(25)] (23) Section 53F-9-501 is repealed January 1, 2023.
231          [(26)] (24) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
232     Commission, are repealed January 1, 2025.
233          [(27)] (25) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class
234     C misdemeanor, is repealed July 1, 2022.
235          Section 5. Section 64-13-21.5 is amended to read:
236          64-13-21.5. Powers of correctional officers and POST certified correctional
237     enforcement or investigation officers.
238          (1) Employees of the department who are designated by the executive director as
239     correctional officers may exercise the powers and authority of a [peace] correctional officer
240     [only when] as needed to properly carry out the following functions:
241          (a) performing the officer's duties within the boundaries of a correctional facility;
242          (b) supervising an offender during transportation;
243          (c) when in fresh pursuit of an offender who has escaped from the custody of the
244     department; or
245          (d) when requested to assist a local, state, or federal law enforcement agency.
246          (2) Employees of the department who are POST certified as law enforcement officers
247     or correctional officers and who are designated as correctional enforcement or investigation
248     officers have the following duties as specified by the executive director:
249          (a) providing investigative services for the department;
250          (b) conducting criminal investigations and operations in cooperation with state, local,
251     and federal law enforcement agencies; and
252          (c) providing security and enforcement for the department.
253          Section 6. Effective date.
254          If approved by two-thirds of all the members elected to each house, this bill takes effect
255     upon approval by the governor, or the day following the constitutional time limit of Utah
256     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
257     the date of veto override.