76-3-208. Imprisonment — Custodial authorities.
| (1) |
Persons sentenced to imprisonment shall be committed to the following custodial authorities:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-3-208- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
| (a) |
felony commitments shall be to the Utah State Prison; |
| (b) |
| (i) |
notwithstanding Section 76-3-204, class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where the defendant was convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at the commencement of the class A misdemeanor conviction, in which case, the class A misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to exceed one year with a credit for one day; and |
| (ii) |
the court may not order the imprisonment of a defendant to the Utah State Prison for a fixed term or other term that is inconsistent with this section and Section 77-18-111; and |
|
| (c) |
all other misdemeanor commitments shall be to the jail or other facility designated by the town, city or county where the defendant was convicted. |
|
| (2) |
A custodial authority may place a prisoner in a facility other than the one to which the prisoner was committed when:
| (a) |
the custodial authority does not have space to accommodate the prisoner; or |
| (b) |
the security of the institution or prisoner requires the prisoner to be placed in a facility other than the one to which the prisoner was committed. |
|
Amended by Chapter 260, 2021 General Session
