1     
INTERMITTENT SENTENCING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Doug Owens

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to alternative incarceration programs and sentencing
10     requirements.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies terms;
14          ▸     provides that a county sheriff may implement a sheriff's work program in which
15     prisoners participate in supervised community service instead of serving time in jail;
16          ▸     amends the eligibility requirements for alternative incarceration programs and
17     sheriffs' work programs;
18          ▸     amends the sentencing requirements for driving under the influence of alcohol,
19     drugs, or a combination of both; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          17-22-5, as last amended by Laws of Utah 2004, Chapter 301

28          41-6a-505, as last amended by Laws of Utah 2023, Chapters 328, 415
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 17-22-5 is amended to read:
32          17-22-5. Sheriff's classification of jail inmates -- Classification criteria --
33     Alternative incarceration programs -- Limitation.
34          (1) Except as provided in Subsection [(4)] (6), the sheriff shall adopt and implement
35     written policies for admission of prisoners to the county jail and the classification of persons
36     incarcerated in the jail which shall provide for the separation of prisoners by gender and by
37     such other factors as may reasonably provide for the safety and well-being of inmates and the
38     community. To the extent authorized by law, any written admission policies shall be applied
39     equally to all entities using the county correctional facilities.
40          (2) Except as provided in Subsection [(4)] (6), each county sheriff shall assign
41     prisoners to a facility or section of a facility based on classification criteria that the sheriff
42     develops and maintains.
43          (3) [(a)] Except as provided in Subsection [(4)] (6), a county sheriff may develop and
44     implement alternative incarceration programs that may or may not involve housing a prisoner
45     in a jail facility, including a sheriff's work program as described in Subsection (4).
46          (4) (a) A county sheriff may implement a sheriff's work program that allows a prisoner
47     to participate in public works projects or community service under the county sheriff's
48     supervision and in lieu of incarceration.
49          (b) If a county sheriff implements a sheriff's work program, the county sheriff shall
50     establish policies and procedures related to a sheriff's work program, including:
51          (i) notwithstanding Subsection (5), program eligibility criteria;
52          (ii) reasonable participation fees;
53          (iii) the type of public works projects and community service assignments;
54          (iv) the timeline within which the work assignments must be completed;
55          (v) participant dress code and code of conduct;
56          (vi) work safety protocols;
57          (vii) supervision of participants;
58          (viii) disciplinary measures for program noncompliance; and

59          (ix) criteria for successful completion or termination.
60          (c) When assigning and scheduling work under a sheriff's work program, a county
61     sheriff may consider:
62          (i) a prisoner's ability to perform the work assignment; and
63          (ii) a prisoner's existing employment, education, training, treatment, medical needs,
64     family care obligations, and other similar obligations.
65          (d) Eight hours of participation in a sheriff's work program shall constitute credit for
66     one day of incarceration.
67          [(b)] (5) (a) A prisoner [housed under] participating in an alternative incarceration
68     program under Subsection [(3)(a)] (3) or a sheriff's work program under Subsection (4) shall be
69     considered to be in the full custody and control of the sheriff for purposes of Section 76-8-309.
70          [(c)] (b) A prisoner may [not] be placed in an alternative incarceration program under
71     Subsection [(3)(a) unless] (3) or a sheriff's work program under Subsection (4):
72          [(i) the jail facility is at maximum operating capacity, as established under Subsection
73     17-22-5.5(2); or]
74          [(ii)] (i) if ordered by the court[.], provided that a program is available in the county in
75     which the court resides; or
76          (ii) at the discretion of the county sheriff if:
77          (A) the prisoner was convicted of a non-violent offense and sentenced to a jail term;
78          (B) the prisoner voluntarily agrees to participate in the program; and
79          (C) there is not a court order prohibiting the prisoner's participation in the program.
80          [(4)] (6) This section may not be construed to authorize a sheriff to modify provisions
81     of a contract with the Department of Corrections to house in a county jail persons sentenced to
82     the Department of Corrections.
83          Section 2. Section 41-6a-505 is amended to read:
84          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
85     drugs, or a combination of both violations.
86          (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
87     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
88     a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
89     substance, or had a combination of two or more controlled substances in the individual's body

90     that were not recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
91     Research and Medical Cannabis, or prescribed:
92          (a) the court shall:
93          (i) (A) impose a jail sentence of not less than five days; [or]
94          (B) impose a jail sentence of not less than two days in addition to home confinement of
95     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
96     substance abuse testing instrument in accordance with Section 41-6a-506; or
97          (C) provided that a program is available in the county in which the court resides,
98     require the individual to participate in a sheriff's work program as described in Section 17-22-5
99     for not less than 40 hours;
100          (ii) order the individual to participate in a screening;
101          (iii) order the individual to participate in an assessment, if it is found appropriate by a
102     screening under Subsection (1)(a)(ii);
103          (iv) order the individual to participate in an educational series if the court does not
104     order substance abuse treatment as described under Subsection (1)(b);
105          (v) impose a fine of not less than $700;
106          (vi) order probation for the individual in accordance with Section 41-6a-507;
107          (vii) (A) order the individual to pay the administrative impound fee described in
108     Section 41-6a-1406; or
109          (B) if the administrative impound fee was paid by a party described in Subsection
110     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
111     reimburse the party;
112          (viii) (A) order the individual to pay the towing and storage fees described in Section
113     72-9-603; or
114          (B) if the towing and storage fees were paid by a party described in Subsection
115     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
116     reimburse the party; or
117          (ix) unless the court determines and states on the record that an ignition interlock
118     system is not necessary for the safety of the community and in the best interest of justice, order
119     the installation of an ignition interlock system as described in Section 41-6a-518; and
120          (b) the court may:

121          (i) order the individual to obtain substance abuse treatment if the substance abuse
122     treatment program determines that substance abuse treatment is appropriate;
123          (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
124     Section 41-6a-515.5 if the individual is 21 years old or older; or
125          (iii) order a combination of Subsections (1)(b)(i) and (ii).
126          (2) (a) If an individual described in Subsection (1) is participating in a [24/7] 24-7
127     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
128     imposed under Subsection (1)(a).
129          (b) If an individual described in Subsection (1) fails to successfully complete all of the
130     requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
131     sentence described in Subsection (2)(a).
132          (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
133     in Subsection (1):
134          (a) the court shall:
135          (i) (A) impose a jail sentence of not less than two days; or
136          (B) provided that a program is available in the county in which the court resides,
137     require the individual to [work] participate in [a compensatory-service work program] a
138     sheriff's work program as described in Section 17-22-5 for not less than [48] 16 hours;
139          (ii) order the individual to participate in a screening;
140          (iii) order the individual to participate in an assessment, if it is found appropriate by a
141     screening under Subsection (3)(a)(ii);
142          (iv) order the individual to participate in an educational series if the court does not
143     order substance abuse treatment as described under Subsection (3)(b);
144          (v) impose a fine of not less than $700;
145          (vi) (A) order the individual to pay the administrative impound fee described in Section
146     41-6a-1406; or
147          (B) if the administrative impound fee was paid by a party described in Subsection
148     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
149     reimburse the party; or
150          (vii) (A) order the individual to pay the towing and storage fees described in Section
151     72-9-603; or

152          (B) if the towing and storage fees were paid by a party described in Subsection
153     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
154     reimburse the party; and
155          (b) the court may:
156          (i) order the individual to obtain substance abuse treatment if the substance abuse
157     treatment program determines that substance abuse treatment is appropriate;
158          (ii) order probation for the individual in accordance with Section 41-6a-507;
159          (iii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
160     Section 41-6a-515.5 if the individual is 21 years old or older; or
161          (iv) order a combination of Subsections (3)(b)(i) through (iii).
162          (4) (a) If an individual described in Subsection (3) is participating in a [24/7] 24-7
163     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
164     imposed under Subsection (3)(a).
165          (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
166     the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
167     sentence described in Subsection (4)(a).
168          (5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
169     10 years of the current conviction under Section 41-6a-502 or the commission of the offense
170     upon which the current conviction is based and where there is admissible evidence that the
171     individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
172     level of .05 or higher in addition to any measurable controlled substance, or had a combination
173     of two or more controlled substances in the individual's body that were not recommended in
174     accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or
175     prescribed:
176          (a) the court shall:
177          (i) (A) impose a jail sentence of not less than 20 days;
178          (B) impose a jail sentence of not less than 10 days in addition to home confinement of
179     not fewer than 60 consecutive days through the use of electronic monitoring that includes a
180     substance abuse testing instrument in accordance with Section 41-6a-506; [or]
181          (C) impose a jail sentence of not less than 10 days in addition to ordering the
182     individual to obtain substance abuse treatment, if the court finds that substance abuse treatment

183     is more likely to reduce recidivism and is in the interests of public safety; or
184          (D) provided that a program is available in the county in which the court resides,
185     require the individual to participate in a sheriff's work program as described in Section 17-22-5
186     for not less than 160 hours;
187          (ii) order the individual to participate in a screening;
188          (iii) order the individual to participate in an assessment, if it is found appropriate by a
189     screening under Subsection (5)(a)(ii);
190          (iv) order the individual to participate in an educational series if the court does not
191     order substance abuse treatment as described under Subsection (5)(b);
192          (v) impose a fine of not less than $800;
193          (vi) order probation for the individual in accordance with Section 41-6a-507;
194          (vii) order the installation of an ignition interlock system as described in Section
195     41-6a-518;
196          (viii) (A) order the individual to pay the administrative impound fee described in
197     Section 41-6a-1406; or
198          (B) if the administrative impound fee was paid by a party described in Subsection
199     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
200     reimburse the party; or
201          (ix) (A) order the individual to pay the towing and storage fees described in Section
202     72-9-603; or
203          (B) if the towing and storage fees were paid by a party described in Subsection
204     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
205     reimburse the party; and
206          (b) the court may:
207          (i) order the individual to obtain substance abuse treatment if the substance abuse
208     treatment program determines that substance abuse treatment is appropriate;
209          (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
210     Section 41-6a-515.5 if the individual is 21 years old or older; or
211          (iii) order a combination of Subsections (5)(b)(i) and (ii).
212          (6) (a) If an individual described in Subsection (5) is participating in a [24/7] 24-7
213     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence

214     imposed under Subsection (5)(a) after the individual has served a minimum of:
215          (i) five days of the jail sentence for a second offense; or
216          (ii) 10 days of the jail sentence for a third or subsequent offense.
217          (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
218     the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
219     sentence described in Subsection (6)(a).
220          (7) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
221     10 years of the current conviction under Section 41-6a-502 or the commission of the offense
222     upon which the current conviction is based and that does not qualify under Subsection (5):
223          (a) the court shall:
224          (i) (A) impose a jail sentence of not less than 10 days; [or]
225          (B) impose a jail sentence of not less than 5 days in addition to home confinement of
226     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
227     substance abuse testing instrument in accordance with Section 41-6a-506; or
228          (C) provided that a program is available in the county in which the court resides,
229     require the individual to participate in a sheriff's work program as described in Section 17-22-5
230     for not less than 80 hours.
231          (ii) order the individual to participate in a screening;
232          (iii) order the individual to participate in an assessment, if it is found appropriate by a
233     screening under Subsection (7)(a)(ii);
234          (iv) order the individual to participate in an educational series if the court does not
235     order substance abuse treatment as described under Subsection (7)(b);
236          (v) impose a fine of not less than $800;
237          (vi) order probation for the individual in accordance with Section 41-6a-507;
238          (vii) (A) order the individual to pay the administrative impound fee described in
239     Section 41-6a-1406; or
240          (B) if the administrative impound fee was paid by a party described in Subsection
241     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
242     reimburse the party; or
243          (viii) (A) order the individual to pay the towing and storage fees described in Section
244     72-9-603; or

245          (B) if the towing and storage fees were paid by a party described in Subsection
246     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
247     reimburse the party; and
248          (b) the court may:
249          (i) order the individual to obtain substance abuse treatment if the substance abuse
250     treatment program determines that substance abuse treatment is appropriate;
251          (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
252     Section 41-6a-515.5 if the individual is 21 years old or older; or
253          (iii) order a combination of Subsections (7)(b)(i) and (ii).
254          (8) (a) If an individual described in Subsection (7) is participating in a [24/7] 24-7
255     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
256     imposed under Subsection (7)(a) after the individual has served a minimum of:
257          (i) five days of the jail sentence for a second offense; or
258          (ii) 10 days of the jail sentence for a third or subsequent offense.
259          (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
260     the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
261     sentence described in Subsection (8)(a).
262          (9) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
263     sentence and places the defendant on probation where there is admissible evidence that the
264     individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
265     level of .05 in addition to any measurable controlled substance, or had a combination of two or
266     more controlled substances in the person's body that were not recommended in accordance with
267     Title 26B, Chapter 4, Part 2, Cannabinoid Research Medical Cannabis, or prescribed, the court
268     shall impose:
269          (a) a fine of not less than $1,500;
270          (b) a jail sentence of not less than 120 days;
271          (c) home confinement of not fewer than 120 consecutive days through the use of
272     electronic monitoring that includes a substance abuse testing instrument in accordance with
273     Section 41-6a-506; and
274          (d) supervised probation.
275          (10) (a) For Subsection (9) or Subsection 41-6a-502(2)(c)(i), the court:

276          (i) shall impose an order requiring the individual to obtain a screening and assessment
277     for alcohol and substance abuse, and treatment as appropriate; and
278          (ii) may impose an order requiring the individual to participate in a [24/7] 24-7 sobriety
279     program as defined in Section 41-6a-515.5 if the individual is 21 years old or older.
280          (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
281     of the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended
282     prison sentence described in Subsection (9).
283          (11) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
284     sentence and places the defendant on probation with a sentence not described in Subsection (9),
285     the court shall impose:
286          (a) a fine of not less than $1,500;
287          (b) a jail sentence of not less than 60 days;
288          (c) home confinement of not fewer than 60 consecutive days through the use of
289     electronic monitoring that includes a substance abuse testing instrument in accordance with
290     Section 41-6a-506; and
291          (d) supervised probation.
292          (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
293     requirements of this section.
294          (ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
295          (b) A court, with stipulation of both parties and approval from the judge, may convert a
296     jail sentence required in this section to electronic home confinement.
297          (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
298     under this section to be served in multiple two-day increments at weekly intervals if the court
299     determines that separate jail increments are necessary to ensure the defendant can serve the
300     statutorily required jail term and maintain employment.
301          (13) If an individual is convicted of a violation of Section 41-6a-502 and there is
302     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, the
303     court shall order the following, or describe on record why the order or orders are not
304     appropriate:
305          (a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
306          (b) one or more of the following:

307          (i) the installation of an ignition interlock system as a condition of probation for the
308     individual in accordance with Section 41-6a-518;
309          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
310     device or remote alcohol monitor as a condition of probation for the individual; or
311          (iii) the imposition of home confinement through the use of electronic monitoring in
312     accordance with Section 41-6a-506.
313          Section 3. Effective date.
314          This bill takes effect on May 1, 2024.