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House adopts bill clarifying Department of Corrections peace-officer authority
Summary
The Utah House passed House Bill 181 unanimously (70–0), adopting amendments that define which Department of Corrections personnel hold general peace-officer authority and that require notification to county sheriffs before the DOC investigates certain crimes.
The Utah House unanimously approved House Bill 181, including sponsor amendments that clarify the peace-officer authority of Department of Corrections (DOC) personnel and the process for internal investigations. The final House vote was 70–0 and the bill was sent to the Senate for further consideration.
Sponsor Representative John L. Valentine said the measure responded to a 1992 attorney general opinion that had raised questions about the DOC’s authority to investigate crimes outside the prison and the scope of peace-officer powers. Valentine’s amendments draw a distinction between types of DOC officers: some categories are defined as not having general peace-officer authority while probation and parole officers retain general authority needed to perform their duties.
Under the amended language, for certain categories of alleged crimes within correctional institutions the Department must first notify the county sheriff, who may choose whether to take over the investigation or allow the Department to proceed with an internal inquiry. The change is aimed at resolving concurrent-jurisdiction uncertainty between sheriffs and DOC personnel.
Representative Mark Evans questioned the sponsor about the scope of investigative authority in the amended text; the sponsor confirmed that the Department retains limited authority to investigate crimes but that notification and coordination with the county sheriff are required in some circumstances.
What happens next: With the House passage, HB 181 proceeds to the Senate for consideration. The bill includes changes driven by legal interpretation and is intended to clarify operational responsibilities between county law-enforcement agencies and the Department of Corrections.
