39A-5-112. Individual confined prior to trial — Punishment limitations.
| (1) |
Subject to Section 39A-5-110, an individual in confinement prior to trial may not be subjected to punishment or penalty other than arrest or confinement while the charges are pending. |
Terms Used In Utah Code 39A-5-112
- Arrest: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
- Arrest: Taking physical custody of a person by lawful authority.
- Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (2) |
The arrest or confinement imposed on a prisoner may not be more rigorous than necessary to ensure the prisoner’s presence. However, the prisoner may be:
| (a) |
subjected to minor punishment during that period for discipline violations; and |
| (b) |
required to perform labor as necessary for the policing and sanitation of the prisoner’s living conditions, immediately adjacent areas, or as otherwise designated by regulations governing the housing of a prisoner. |
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Renumbered and Amended by Chapter 373, 2022 General Session
