Utah Code 17-22-5. Sheriff’s classification of jail inmates — Classification criteria — Alternative incarceration programs — Limitation
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(1) As used in this section, “living area” means the same as that term is defined in Section 64-13-7 .
Terms Used In Utah Code 17-22-5
- Contract: A legal written agreement that becomes binding when signed.
(2)
(2)(a) Except as provided in Subsections (5) and (6), the sheriff shall adopt and implement written policies for admission of inmates to the county jail and the classification of individuals incarcerated in the jail which shall provide for the separation of prisoners by gender and by such other factors as may reasonably provide for the safety and well-being of inmates and the community.
(2)(b) To the extent authorized by law, any written admission policies adopted and implemented under this Subsection (2) shall be applied equally to all entities using the county correctional facilities.
(3) Except as provided in Subsections (5) and (6), each county sheriff shall assign inmates to a facility or section of a facility based on classification criteria that the sheriff develops and maintains.
(4)
(4)(a) Except as provided in Subsection (6), a county sheriff may develop and implement alternative incarceration programs that may involve housing an inmate in a jail facility.
(4)(b) An inmate housed under an alternative incarceration program under Subsection (4)(a) shall be considered to be in the full custody and control of the sheriff for purposes of Sections 76-8-309 and 76-8-309.3 .
(4)(c) An inmate may not be placed in an alternative incarceration program under Subsection (4)(a) unless:
(4)(c)(i) the jail facility is at maximum operating capacity, as established under Section 17-22-5.5 ; or
(4)(c)(ii) ordered by the court.
(5) A jail facility shall comply with the same requirements as the Department of Corrections described in Subsections 64-13-7(4) , (5), and (6) when assigning an inmate to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and (e).
(6) This section does not authorize a sheriff to modify provisions of a contract with the Department of Corrections to house in a county jail inmates sentenced to the Department of Corrections.