H.B. 206 Enrolled

1

COUNTY JAIL - WORK RELEASE PROCESS
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Scott L Wyatt
6 Senate Sponsor: Gregory S. Bell
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code and the Code of Criminal Procedure regarding the
11 release of jail inmates for work or education.
12 Highlighted Provisions:
13 This bill:
14 . clarifies that the court may order whether the inmate is allowed to be released; and
15 . specifies that the custodial authority of the jail determines the terms and conditions
16 of an inmate's release.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-3-403.5, as enacted by Chapter 204, Laws of Utah 2000
24 77-19-3, as enacted by Chapter 15, Laws of Utah 1980
25 77-19-4, as enacted by Chapter 15, Laws of Utah 1980
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-3-403.5 is amended to read:
29 76-3-403.5. Work or school release from county jail or facility -- Conditions.

30 When an inmate is [committed for incarceration] incarcerated in a county jail or in a
31 detention facility, the custodial authority may [in its discretion], in accordance with the release
32 policy of the facility, allow the inmate to work outside of the jail or facility as part of a jail or
33 facility supervised work detail, to seek or work at employment, or to attend an educational
34 institution, if the inmate's incarceration:
35 (1) is not for an offense for which release is prohibited under state law; and
36 [(1)] (2) (a) is for a misdemeanor offense, and the sentencing judge has not entered an
37 order [to the contrary;] prohibiting release under this section; or
38 [(2)] (b) is part of a probation agreement for a felony offense, and the sentencing
39 district judge has not entered an order [to the contrary; or] prohibiting release under this
40 section.
41 [(3) is in a county facility pursuant to a contract with the Department of Corrections.]
42 Section 2. Section 77-19-3 is amended to read:
43 77-19-3. Special release from city or county jail -- Purposes.
44 (1) Any person [sentenced to a term] incarcerated in any city or county jail may,
45 [pursuant to order of the sentencing judge,] in accordance with the release policy of the facility,
46 be released from jail during those hours which are reasonable and necessary to accomplish any
47 of the [following] purposes under Subsection (2) if:
48 (a) the offense is not one for which release is prohibited under state law; and
49 (b) the judge has not entered an order prohibiting a special release.
50 (2) The custodial authority at the jail may release an inmate who qualifies under
51 Subsection (1) for:
52 [(1)] (a) working at his employment;
53 [(2) performing essential household duties;]
54 (b) seeking employment;
55 [(3)] (c) attending an educational institution;
56 [(4)] (d) obtaining necessary medical treatment; or
57 [(5)] (e) any other [proper] reasonable purpose [the court may order] as determined by

58 the custodial authority of the jail.
59 Section 3. Section 77-19-4 is amended to read:
60 77-19-4. Special release from city or county jail -- Conditions and limitations.
61 (1) All released prisoners[, while absent from the jail,] under Section 77-19-3 are in the
62 custody of the [jailer] custodial authority and are subject at any time to being returned to jail,
63 [if] for good cause [appears for so doing].
64 (2) The judge [shall specify the terms and conditions of the release time which may
65 include, but are not limited to the following] may order that the prisoner:
66 [(1) The prisoner may be required to] (a) pay [all] monies earned from employment
67 during the jail term to those persons he is legally responsible to support; or
68 [(2) He may be required to pay a reasonable amount for the expenses of his
69 maintenance in the jail but may be permitted to]
70 (b) retain sufficient money to pay his costs of transportation, meals, and other
71 incidental and necessary expenses related to his special release.
72 (3) The custodial authority of the jail shall establish all other conditions of special
73 release.
74 (4) During all hours when the prisoner is not serving the function for which he is
75 awarded release time, he shall be confined to jail.
76 (5) The prisoner shall [be responsible for obtaining] obtain his own transportation to
77 and from the place where he performs the function for which he is released.