§ 53-19-201 — Certification of private law enforcement agency.

Utah § 53-19-201

• Jurisdiction: Utah
• Title 53: Public Safety Code
• Ch. 53-19: Certification of Private Law Enforcement Agency
• Part 53-19-2: Private Law Enforcement Agencies

Text

(1) A private institution of higher education may operate a private law enforcement agency if the private law enforcement agency is certified by the commissioner.
(2) A private law enforcement agency certified before May 5, 2021:

(2)(a) is not required to apply for an initial certification under Subsection (4); and
(2)(b) retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.
(3) A private law enforcement agency that is not certified before May 5, 2021:

(3)(a) is required to apply for initial certification under Subsection (4); and
(3)(b) retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.
(4) To receive initial certification for a private law enforcement agency, the private institution of higher education seeking the certification shall submit to the department an application for certification, designed by the department, that includes:

(4)(a) a description of the proposed private law enforcement agency, including the number of officers that the private law enforcement agency intends to initially employ;
(4)(b) the command structure for the proposed private law enforcement agency;
(4)(c) the private law enforcement agency's proposed policies and procedures manual; and
(4)(d) any other information required by the commissioner, by a rule described in Section 53-19-103.
(5) The department shall, within 90 days after the day on which the department receives a completed application for certification described in Subsection (4), grant or deny the application.
(6) The commissioner shall:

(6)(a) grant an application for certification of a private law enforcement agency, if:
(6)(a)(i) the application is complete;
(6)(a)(ii) the proposed policies and procedures manual complies with Section 53-19-203, including the rules described in Section 53-19-103;
(6)(a)(iii) the proposed private law enforcement agency will be organized and operated in a manner that is consistent with the requirements of law, the requirements of administrative rules, and best practices; and
(6)(a)(iv) the private institution of higher education submitting the application has never had certification of a private law enforcement agency revoked by the commissioner; and
(6)(b) advise and consult with the applicant to cure any barriers to obtaining certification.
(7) The commissioner shall grant an application for certification of a private law enforcement agency whose certification was previously revoked if:

(7)(a) the private institution of higher education applying for certification:
(7)(a)(i) complies with the provisions described in Subsections (6)(a)(i) through (iii); and
(7)(a)(ii) proves, by clear and convincing evidence, that the reasons for the previous revocation will not reoccur; and
(7)(b) the application is filed at least one year after the day on which the certification was revoked.

Legislative History

Enacted by Chapter 349, 2021 General Session