53-14 - Peace Officer Information
Title 53 > 53-14
Sections (6)
Peace Officer Background Checks
53-14-101 - Definitions.
As used in this part:
(1) “Director” means the director of a training academy.
(2) “Employer” means a public employer or private employer.
(3) “POST” means the Peace Officer Standards and Training Division created in Section 53-6-103.
(4) “Training academy” means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105.
Amended by Chapter 452, 2023 General Session
53-14-102 - Background check for peace officer applicants.
A law enforcement agency may not employ a peace officer who is currently working, or has previously worked, for another law enforcement agency unless the hiring law enforcement agency:
(1) confirms that the peace officer is certified by POST or another comparable certifying agency if the peace officer is currently employed, or has previously been employed, by a law enforcement agency in a different state; and
(2) completes a background check that contains the information outlined in Subsection 53-14-103(3).
Enacted by Chapter 452, 2023 General Session
53-14-103 - Law enforcement and training academy applicants — Employer background information — Information required upon request.
(1) Except as provided in Subsection (4), an employer or director shall provide available information regarding an individual in accordance with this section if the request for the information: complies with Subsection (2); andis submitted by:if the individual is applying for employment, a law enforcement agency; orif the individual is applying for admission under Section 53-6-203 to a training academy, the director.
(2) A law enforcement agency or director requesting information under Subsection (1) shall: make the request in writing;include with the request:an authorization signed by the applicant and notarized by a notary public, in which the applicant consents to the release of the requested information and releases the employer or training academy providing the information from liability; anda signature by a sworn officer or other authorized representative of the requesting law enforcement agency or the academy; andaddress the request to the employer or director.
(3) A law enforcement agency or director requesting information under Subsection (1) shall request: the date on which the applicant’s employment commenced and, if applicable, the date on which the applicant’s employment was terminated;a list of the compensation that the employer provided to the applicant during the course of the employment;a copy of the application for a position of employment that the applicant submitted to the employer;a written evaluation of the performance of the applicant;an attendance record of the applicant noting disciplinary action taken due to the applicant being late or absent without permission;a record of disciplinary action taken against the applicant;a statement regarding whether the employer would rehire the applicant and, if the employer would not rehire the applicant, the reasons why;if applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary;the record of any final action regarding an applicant’s peace officer certification that is based on an investigation concerning the applicant’s qualification for certification; andnotice of any pending or ongoing investigation regarding the applicant’s certification as a peace officer.
(4) In the absence of fraud or malice, an employer or training academy is not subject to any civil liability for any relevant cause of action by releasing employment information requested under this section.This section does not abrogate or lessen the existing common law or statutory privileges and immunities of an employer.An employer or training academy may not provide information under this section if the disclosure of the information is prohibited under federal or state law.
(5) An employer’s refusal to make available information to a law enforcement agency in accordance with this section is grounds for a civil action by the requesting agency for injunctive relief requiring disclosure on the part of the employer.
(6) A law enforcement agency may use the information received under this section to determine the suitability of an applicant for employment.A director may use the information received under this section to determine the suitability of an applicant for acceptance at the training academy.Except as provided in Subsection (6)(c), the recipient law enforcement agency and director shall maintain the confidentiality of information received under this section.A law enforcement agency shall share information regarding an applicant that the law enforcement agency is in possession of with another law enforcement agency if: the information is requested by the other law enforcement agency in accordance with this section;the applicant is also an applicant for any employment position with the other law enforcement agency; andthe confidentiality of the information is otherwise maintained.A director shall share information regarding an applicant that is received under this section with another training academy if: the information is requested by the other training academy in accordance with this section;the applicant is an applicant for acceptance at the other training academy; andthe confidentiality of the information is otherwise maintained.A director shall share information regarding an applicant, attendee, or graduate of a training academy that is received under this section with a law enforcement agency if: the information is requested by the law enforcement agency in accordance with this section;the applicant is applying for a position as a peace officer with the law enforcement agency; andthe confidentiality of the information is otherwise maintained.
Enacted by Chapter 452, 2023 General Session
Law Enforcement Early Intervention
53-14-201 - Definitions.
As used in this part:
(1) “Early intervention system” means an electronic data-based police management tool designed to track behaviors of a law enforcement officer based on performance factors.
(2) “Grant” means a grant awarded under this part.
(3) “Program” means the Early Intervention Grant Program created in section 53-14-203.
Enacted by Chapter 452, 2023 General Session
53-14-202 - Early intervention system implementation.
(1) On or before January 1, 2025, a law enforcement agency shall use an early intervention system.
(2) Information contained in an early intervention system is part of a law enforcement officer’s internal personnel file and may only be shared in accordance with Section 53-14-103.
(3) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the minimum standards that an early intervention system is required to meet in order for a law enforcement agency to comply with Subsection (1).
Enacted by Chapter 452, 2023 General Session
53-14-203 - Early Intervention System Grant Program.
(1) There is created within the department the Early Intervention System Grant Program.The purpose of the program is to award grants to law enforcement agencies to initially establish an early intervention system.
(2) A law enforcement agency that submits a proposal for a grant to the department shall include in the proposal:the plan for establishing and cost of an early intervention system;a statement that the early intervention system to be established complies with the standards under Subsection 53-14-202(3);any funding sources in addition to the grant for the proposal; andother information the department determines necessary to evaluate the proposal.When evaluating a proposal for a grant, the department shall consider:whether the proposed early intervention system meets the standards under Subsection 53-14-202(3);the cost of the proposal;the extent to which additional funding sources may benefit the proposal; andthe viability and sustainability of the proposal.
(3) Subject to Subsection (2), the department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish: eligibility criteria for a grant;the form and process for submitting a proposal to the department for a grant;the method and formula for determining a grant amount; andreporting requirements for a grant recipient.
Enacted by Chapter 452, 2023 General Session