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Section 5.5 | Sheriff's classification of jail facilities -- Maximum operating capacity of jail facilities -- Transfer or release of prisoners -- Limitation. |
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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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