(1)  The sheriff shall:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 17-22-2

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Land: includes :Utah Code 68-3-12.5
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1
  • Person: means :Utah Code 68-3-12.5
  • Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • (a)  preserve the peace;

    (b)  make all lawful arrests;

    (c)  attend in person or by deputy the Supreme Court and the Court of Appeals when required or when the court is held within his county, all courts of record, and court commissioner and referee sessions held within his county, obey their lawful orders and directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial Administration;

    (d)  upon request of the juvenile court, aid the court in maintaining order during hearings and transport a minor to and from youth corrections facilities, other institutions, or other designated places;

    (e)  attend county justice courts if the judge finds that the matter before the court requires the sheriff’s attendance for security, transportation, and escort of jail prisoners in his custody, or for the custody of jurors;

    (f)  command the aid of as many inhabitants of his county as he considers necessary in the execution of these duties;

    (g)  take charge of and keep the county jail and the jail prisoners;

    (h)  receive and safely keep all persons committed to his custody, file and preserve the commitments of those persons, and record the name, age, place of birth, and description of each person committed;

    (i)  release on the record all attachments of real property when the attachment he receives has been released or discharged;

    (j)  endorse on all process and notices the year, month, day, hour, and minute of reception, and, upon payment of fees, issue a certificate to the person delivering process or notice showing the names of the parties, title of paper, and the time of receipt;

    (k)  serve all process and notices as prescribed by law;

    (l)  if he makes service of process or notice, certify on the process or notices the manner, time, and place of service, or, if he fails to make service, certify the reason upon the process or notice, and return them without delay;

    (m)  extinguish fires occurring in the undergrowth, trees, or wooded areas on the public land within his county;

    (n)  perform as required by any contracts between the county and private contractors for management, maintenance, operation, and construction of county jails entered into under the authority of Section 17-53-311;

    (o)  for the sheriff of a county of the second through sixth class that enters into an interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal Cooperation Act, provide law enforcement service as provided in the interlocal agreement;

    (p)  manage search and rescue services in his county;

    (q)  obtain saliva DNA specimens as required under Section 53-10-404;

    (r)  on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender;

    (s)  as applicable, select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102; and

    (t)  perform any other duties that are required by law.

(2)  Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other subsection under Subsection (1) is a class A misdemeanor.

(3) 

(a)  As used in this Subsection (3):

(i)  “Police interlocal entity” has the same meaning as defined in Sections 17-30-3 and 17-30a-102.

(ii)  “Police special district” means the same as that term is defined in Section 17-30-3.

(b)  Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county which includes within its boundary a police special district or police interlocal entity, or both:

(i)  serves as the chief executive officer of each police special district and police interlocal entity within the county with respect to the provision of law enforcement service within the boundary of the police special district or police interlocal entity, respectively; and

(ii)  is subject to the direction of the police special district board of trustees or police interlocal entity governing body, as the case may be, as and to the extent provided by agreement between the police special district or police interlocal entity, respectively, and the sheriff.

(c)  Notwithstanding Subsection (3)(b), and except as provided in Subsection 11-13-202(4), if a police interlocal entity or police special district enters an interlocal agreement with a public agency, as defined in Section 11-13-103, for the provision of law enforcement service, the sheriff:

(i)  does not serve as the chief executive officer of any interlocal entity created under that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief executive officer; and

(ii)  shall provide law enforcement service under that interlocal agreement as provided in the agreement.

Amended by Chapter 15, 2023 General Session