Utah Code 17-22-5.5. Sheriff’s classification of jail facilities — Maximum operating capacity of jail facilities — Transfer or release of prisoners — Limitation — Records regarding release
Contract: A legal written agreement that becomes binding when signed.
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; 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 legislative branch of government. See Utah Code 17-50-101
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a)
Except as provided in Subsection (4), a county sheriff shall determine:
(i)
subject to Subsection (1)(b), the classification of each jail facility or section of a jail facility under the sheriff’s control;
(ii)
the nature of each program conducted at a jail facility under the sheriff’s control; and
(iii)
the internal operation of a jail facility under the sheriff’s control.
(b)
A classification under Subsection (1)(a)(i) of a jail facility may not violate any applicable zoning ordinance or conditional use permit of the county or municipality.
(2)
Except as provided in Subsection (4), each county sheriff shall:
(a)
with the approval of the county legislative body, establish a maximum operating capacity for each jail facility under the sheriff’s control, based on facility design and staffing; and
(b)
upon a jail facility reaching the jail facility’s maximum operating capacity:
(i)
transfer prisoners to another appropriate facility:
(A)
under the sheriff’s control; or
(B)
available to the sheriff by contract;
(ii)
release prisoners:
(A)
to a supervised release program, according to release criteria established by the sheriff; or
(B)
to another alternative incarceration program developed by the sheriff; or
(iii)
admit prisoners in accordance with law and a uniform admissions policy imposed equally upon all entities using the county jail.
(3)
(a)
The sheriff shall keep records of the release status and the type of release program or alternative incarceration program for any prisoner released under Subsection (2)(b)(ii).
(b)
The sheriff shall make these records available upon request to the Department of Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
(4)
This section may not be construed to authorize a sheriff to modify provisions of a contract with the Department of Corrections to house in a county jail an individual sentenced to the Department of Corrections.
(5)
Regardless of whether a jail facility has reached the jail facility’s maximum operating capacity under Subsection (2), a sheriff may release an individual from a jail facility in accordance with Section 77-20-203 or 77-20-204.
(6)
(a)
Subject to Subsection (6)(c), a jail facility shall detain an individual for up to 24 hours from booking if:
(i)
the individual is on supervised probation or parole and that information is reasonably available; and
(ii)
the individual was arrested for:
(A)
a violent felony as defined in Section 76-3-203.5; or
(B)
a qualifying domestic violence offense as defined in Subsection 77-36-1.1(4) that is not a criminal mischief offense.
(b)
The jail facility shall notify the entity supervising the individual’s probation or parole that the individual is being detained.
(c)
(i)
The jail facility shall release the individual:
(A)
to the Department of Corrections if the Department of Corrections supervises the individual and requests the individual’s release; or
(B)
if a court or magistrate orders release.
(ii)
Nothing in this Subsection (6) prohibits a jail facility from holding the individual in accordance with Title 77, Chapter 20, Bail, for new criminal conduct.
