Current through Public Act 171 of the 2024 Legislative Session
Section 338.1087 - Applicability of section to private college security forces; authorization; action by governing board; designation of private college security officer; qualifications; rules; fee; employment as certified or licensed law enforcement officers(1) This section and sections 38 to 42 apply only to private college security forces.(2) Subject to subsection (10) and consistent with this act, a private college or university in this state that has students residing in college or university housing may, through action of its governing board, authorize a private college security force. The action of the governing board shall do all of the following: (a) Authorize a private college security force.(b) Authorize appointment of persons to be members of that private college security force.(c) Authorize the assignment of duties, including the enforcement of college or university regulations, and state and local law under section 37a.(d) Prescribe the oath of office.(e) Limit employment to those individuals who meet the requirements of subsections (4), (5), (6), and (7).(3) A person appointed under subsection (2) shall be known and designated as a private college security officer and may act as a private college security officer upon being appointed by a private college or university licensed under this act.(4) Except as provided in subsection (7), private college security officers must meet the selection qualifications prescribed in R 28.14203, R 28.14204, and R 28.14209 of the Michigan administrative code, and must meet the standards and requirements applicable to at least 1 category of recruits as set forth in R 28.14313 (military preservice recruits), R 28.14314 (basic recruits), R 28.14315 (preservice recruits and preservice college recruits), R 28.14316 (preservice college recruits), and R 28.14317 (agency basic recruits) of the Michigan administrative code, as promulgated by the commission.(5) Private college security forces are subject to the provisions of R 28.14318, R 28.14319, and R 28.14320 of the Michigan administrative code, as promulgated by the commission.(6) Except as provided in subsection (7), private college security officers may participate in the recognition of prior basic law enforcement training and experience program as prescribed in R 28.14401, R 28.14402, R 28.14403, R 28.14404, R 28.14405, R 28.14406, R 28.14407, R 28.14408, R 28.14409, R 28.14410, R 28.14413, and R 28.14414 of the Michigan administrative code, as promulgated by the commission.(7) Subsections (4), (5), and (6) do not apply to an individual who meets all of the following requirements:(a) He or she is employed as a security officer by a private college or university on July 12, 1968.(b) He or she is certified as a law enforcement officer by the commission on July 12, 1968 or was previously certified as a law enforcement officer by the commission while employed by the private college or university as a law enforcement officer but that certification became void during that period of employment.(c) The private college or university authorizes the creation of a private college security force under this act.(8) Investigations conducted to determine if a candidate for appointment as a private college security officer meets the selection qualifications, standards, and requirements in subsection (4) are governed by R 28.14601, R 28.14602, R 28.14603, R 28.14604, R 28.14606, R 28.14608, and R 28.14609 of the Michigan administrative code, as promulgated by the commission. This section does not require the commission to conduct the investigation or review of an applicant for employment as a private college security officer.(9) The governing board of a private college or university that creates a private college security force under this section may be subject to a fee payable to the commission under section 11 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.610.(10) The governing board of a private college or university that creates a private college security force under this section and that intends to appoint private college security officers who are sworn and fully empowered to exercise the authority and power of a peace officer under section 37a shall ensure that not less than 50% of those private college security officers have been employed as certified or licensed law enforcement officers under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, for not less than 5 years.Amended by 2016, Act 324,s 1, eff. 11/22/2016.Added by 2010, Act 68,s 13, eff. 5/13/2010.