2015 Utah Code
Title 17 - Counties
Chapter 22 - Sheriff
Section 5.5 - Sheriff's classification of jail facilities -- Maximum operating capacity of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding release.

Effective 5/13/2014
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.

• (1)
  • (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 its 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 persons sentenced to the Department of Corrections.

Amended by Chapter 120, 2014 General Session