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;
(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) 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 301, 2004 General Session
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Last revised: Thursday, May 28, 2009