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S.B. 221 Enrolled
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17-22-5, as repealed and reenacted by Chapter 13, Laws of Utah 1991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.
[
written policy for the classification of persons incarcerated in the jail which shall provide for the
separation of prisoners by [
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
(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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