“Qualifying offense” means the same as that term is defined in Section 78B-7-801.
(b)
“Violent felony” means the same as that term is defined in Subsection 76-3-203.5(1)(c)(i).
(2)
A county jail official may release an individual from a jail facility on the individual’s own recognizance if:
(a)
the individual was arrested without a warrant;
(b)
the individual was not arrested for:
(i)
a violent felony;
(ii)
a qualifying offense;
(iii)
the offense of driving under the influence or driving with a measurable controlled substance in the body if the offense results in death or serious bodily injury to an individual; or
law enforcement has not submitted a probable cause statement to a court or magistrate;
(d)
the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and
(e)
the individual qualifies for release under the written policy described in Subsection (3) for the county.
(3)
(a)
A county sheriff shall create and approve a written policy for the county that governs the release of an individual on the individual’s own recognizance.
(b)
The written policy shall describe the criteria an individual shall meet to be released on the individual’s own recognizance.
(c)
A county sheriff may include in the written policy the criteria for release relating to:
(i)
criminal history;
(ii)
prior instances of failing to appear for a mandatory court appearance;
(iii)
current employment;
(iv)
residency;
(v)
ties to the community;
(vi)
an offense for which the individual was arrested;
(vii)
any potential criminal charges that have not yet been filed;
(viii)
the individual’s health condition;
(ix)
any potential risks to a victim, a witness, or the public; and
(x)
any other similar factor a sheriff determines is relevant.
(4)
Nothing in this section prohibits a court and a county from entering into an agreement regarding release.
