S.B. 221 Enrolled

SHERIFF'S CLASSIFICATION OF JAIL
INMATES AND JAIL FACILITIES
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael G. Waddoups
AN ACT RELATING TO COUNTIES; REQUIRING COUNTY SHERIFFS TO ADOPT AND
IMPLEMENT CERTAIN INCARCERATION CRITERIA AND PRACTICES; AUTHORIZING
COUNTY SHERIFFS TO DEVELOP AND IMPLEMENT ALTERNATIVE INCARCERATION
PROGRAMS; REQUIRING COUNTY SHERIFFS TO CLASSIFY JAIL FACILITIES AND TO
ESTABLISH MAXIMUM JAIL CAPACITIES; REQUIRING COUNTY SHERIFFS TO
TRANSFER OR RELEASE PRISONERS UNDER CERTAIN CIRCUMSTANCES; AND
MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-22-5, as repealed and reenacted by Chapter 13, Laws of Utah 1991
ENACTS:
17-22-5.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-22-5 is amended to read:
17-22-5. Sheriff's classification of jail inmates -- Classification criteria -- Alternative
incarceration programs -- Limitation.
[The] (1) Except as provided in Subsection (4), the sheriff shall adopt and implement
written policy for the classification of persons incarcerated in the jail which shall provide for the
separation of prisoners by [sex] gender and by such other factors as may reasonably provide for the
safety and well-being of inmates and the community.
(2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to a
facility or section of a facility based on classification criteria that the sheriff develops and maintains.
(3) (a) Except as provided in Subsection (4), a county sheriff may develop and implement
alternative incarceration programs that may or may not involve housing a prisoner in a jail facility.

(b) A prisoner housed under an alternative incarceration program under Subsection (3)(a)
shall be considered to be in the full custody and control of the sheriff for purposes of Section
76-8-309 .
(c) A prisoner may not be placed in an alternative incarceration program under Subsection
(3)(a) unless:
(i) the jail facility is at maximum operating capacity, as established under Subsection
17-22-5.5 (2); or
(ii) ordered by the court.
(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.
Section 2. Section 17-22-5.5 is enacted to read:
17-22-5.5. Sheriff's classification of jail facilities -- Maximum operating capacity of jail
facilities -- Transfer or release of prisoners -- Limitation.
(1) (a) Except as provided in Subsection (3), 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 (3), 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; or

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(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.
(3) 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.

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