H.B. 99

1

SENTENCING CREDIT FOR GOOD BEHAVIOR
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Katherine Bryson
5 AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING CREDIT FOR GOOD
6 BEHAVIOR AGAINST A SENTENCE FOR FELONY OFFENSES WHERE
7 IMPRISONMENT IN A COUNTY JAIL IS PART OF A PROBATION AGREEMENT.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-3-403, as last amended by Chapter 249, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-3-403 is amended to read:
13 76-3-403. Credit for good behavior against jail sentence for misdemeanors and
14 certain felonies.
15 In any commitment h [ to imprisonment for ] FOR INCARCERATION IN h a county jail or
15a detention facility, other than the
16 Utah State Prison, [for a misdemeanor offense,] the custodial authority may in its discretion and
17 upon good behavior of the inmate allow up to ten days credit against the sentence to be served for
18 every 30 days served or up to two days credit for every ten days served when the period to be
19 served is less than 30 days[.] if:
20 (1) the h [ commitment to imprisonment ] INCARCERATION h is for a misdemeanor offense
20a h , AND THE SENTENCING JUDGE HAS NOT ENTERED AN ORDER TO THE CONTRARY h ; or
21 (2) the h [ commitment to imprisonment ] INCARCERATION h is part of a probation agreement
21a for a felony offense,
22 and the sentencing district judge has not entered an order to the contrary.

lilac-February 10, 1998

Legislative Review Note
as of 1-19-98 11:33 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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