53-13-104 - Correctional officer.

53-13-104. Correctional officer.
(1) (a) "Correctional officer" means a sworn and certified officer employed by theDepartment of Corrections, any political subdivision of the state, or any private entity whichcontracts with the state or its political subdivisions to incarcerate inmates who is charged with theprimary duty of providing community protection.
(b) "Correctional officer" includes an individual assigned to carry out any of thefollowing types of functions:
(i) controlling, transporting, supervising, and taking into custody of persons arrested orconvicted of crimes;
(ii) supervising and preventing the escape of persons in state and local incarcerationfacilities;
(iii) guarding and managing inmates and providing security and enforcement services at acorrectional 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, andprovide security to the Board of Pardons and Parole, and who are designated by the Board ofPardons and Parole, approved by the commissioner of public safety, and certified by the PeaceOfficer Standards and Training Division.
(2) (a) Correctional officers have peace officer authority only while on duty. Theauthority of correctional officers employed by the Department of Corrections is regulated by Title64, Chapter 13, Department of Corrections -- State Prison.
(b) Correctional officers may carry firearms only if authorized by and under conditionsspecified by the director of the Department of Corrections or the chief law enforcement officer ofthe employing agency.
(3) (a) An individual may not exercise the authority of an adult correctional officer untilthe individual has satisfactorily completed a basic training program for correctional officers andthe director of the Department of Corrections has certified the completion of training to thedirector of the division.
(b) An individual may not exercise the authority of a county correctional officer until:
(i) the individual has satisfactorily completed a basic training program for correctionalofficers and any other specialized training required by the local law enforcement agency; and
(ii) the chief administrator of the local law enforcement agency has certified thecompletion of training to the director of the division.
(4) (a) The Department of Corrections of the state shall establish and maintain acorrectional officer basic course and in-service training programs as approved by the director ofthe division with the advice and consent of the council.
(b) The in-service training shall:
(i) consist of no fewer than 40 hours per year; and
(ii) be conducted by the agency's own staff or other agencies.
(5) The local law enforcement agencies may establish correctional officer basic,advanced, or in-service training programs as approved by the director of the division with theadvice and consent of the council.

Amended by Chapter 92, 1999 General Session