Utah Code 53-19-201. Certification of private law enforcement agency
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(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.
Terms Used In Utah Code 53-19-201
- Department: means the Department of Public Safety created in Section
53-1-103 . See Utah Code 53-1-102 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Law enforcement agency: means an entity or division of:(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
- Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
- Private law enforcement agency: means a law enforcement agency operated by, and at, a private institution of higher education. See Utah Code 53-19-102
(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.