Utah Code 53-21-104.3. Education — Complaints — Investigations
Current as of: 2024 | Check for updates
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(1) On or before September 1, 2024, the department shall inform all first responder agencies in the state of the requirements described in Section 53-21-102 .
Terms Used In Utah Code 53-21-104.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Department of Public Safety created in Section
53-1-103 . See Utah Code 53-1-102 - Designated mental health resources liaison: means a non-leadership human resources or other administrative employee designated by a first responder agency who receives and processes a request for mental health resources on behalf of the first responder agency under this chapter. See Utah Code 53-21-101
- First responder: means :(3)(a) a law enforcement officer, as defined in Section
53-13-103 ;(3)(b) an emergency medical technician, as defined in Section53-2e-101 ;(3)(c) an advanced emergency medical technician, as defined in Section53-2e-101 ;(3)(d) a paramedic, as defined in Section53-2e-101 ;(3)(e) a firefighter, as defined in Section34A-3-113 ;(3)(f) a dispatcher, as defined in Section53-6-102 ;(3)(g) a correctional officer, as defined in Section53-13-104 ;(3)(h) a special function officer, as defined in Section53-13-105 , employed by a local sheriff;(3)(i) a search and rescue worker under the supervision of a local sheriff;(3)(j) a forensic interviewer or victim advocate employed by a children's justice center established in accordance with Section67-5b-102 ;(3)(k) a credentialed criminal justice system victim advocate as defined in Section77-38-403 who responds to incidents with a law enforcement officer;(3)(l) a crime scene investigator technician;(3)(m) a wildland firefighter;(3)(n) an investigator or prosecutor of cases involving sexual crimes against children; or(3)(o) a civilian employee of a first responder agency who has been authorized to view or otherwise access information concerning crimes, accidents, or other traumatic events. See Utah Code 53-21-101- First responder agency: means :
(4)(a) a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; or(4)(b) a certified private law enforcement agency as defined in Section53-19-102 . See Utah Code 53-21-101- Mental health resources: includes , at a minimum, the following services:
(5)(b)(i) regular periodic screenings for all employees within the first responder agency;(5)(b)(ii) assessments and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident; and(5)(b)(iii) regular and continuing access to the mental health program for:(5)(b)(iii)(A) spouses and children of first responders;(5)(b)(iii)(B) first responders who have retired or separated from the agency; and(5)(b)(iii)(C) spouses of first responders who have retired or separated from the agency. See Utah Code 53-21-101- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) In addition to the notification required under Subsection (1), the department shall, on the department’s website, provide information describing:(2)(a) an individual’s eligibility for mental health resources under Section53-21-102 ;(2)(b) the statutory definition for mental health resources provided in Section53-21-101 ;(2)(c) the designated mental health resources liaison for each first responder agency as described in Subsection53-21-102 (3)(b); and(2)(d) how to appeal a denial of mental health resources to the department.(3)(3)(a) The department shall investigate a denial of mental health resources that is received under Subsection (2)(d) to determine whether the denial was in violation of this chapter.(3)(b) If, after an investigation, the department determines that a first responder agency improperly denied mental health resources in violation of this chapter, the department shall notify the first responder agency and provide 60 days for the first responder agency to correct the improper denial.(3)(c) The department shall determine whether a first responder agency has cured the violation within the time described in Subsection (3)(b) and, if the first responder agency has not, the department shall send a letter within a reasonable time identifying the first responder agency and the relevant details of the department’s investigation to:(3)(c)(i) the commissioner;(3)(c)(ii) the chairs of the Law Enforcement and Criminal Justice Interim Committee; and(3)(c)(iii) the director of the State Commission on Criminal and Juvenile Justice, who shall refer the matter for investigation under Section63M-7-204 and may restrict state grant money under Section63M-7-21 8. - First responder agency: means :