39A-5-305. Confinement as sentence — Penal institutions.
| (1) |
A sentence of confinement imposed by a military court, whether or not it includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the National Guard or in any penal institution of the state or of any political subdivision of the state. |
Terms Used In Utah Code 39A-5-305
- Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (2) |
If the words “hard labor” are not included in a sentence or punishment imposed by a court martial imposing confinement, the authority executing the sentence or punishment is not prohibited from requiring hard labor as a part of the sentence or punishment. |
| (3) |
The officers, sheriffs, and penal institutions of the state and any political subdivisions of the state designated by the governor or his designee under Section 39A-5-111 shall:
| (a) |
receive individuals ordered into confinement before trial and individuals committed to confinement by a military court; |
| (b) |
confine them according to law; and |
| (c) |
receive or confine an individual under this chapter without assessing any fee or charge. |
|
Renumbered and Amended by Chapter 373, 2022 General Session
