Utah Code 77-20-204. County jail authority to release an individual from jail on monetary bail
Current as of: 2024 | Check for updates
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(1) As used in this section, “eligible felony offense” means a third degree felony violation under:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 77-20-204
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - County jail official: means a county sheriff or the county sheriff's designee. See Utah Code 77-20-102
- Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
- Fraud: Intentional deception resulting in injury to another.
- Magistrate: means the same as that term is defined in Section 77-1-3. See Utah Code 77-20-102
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Own recognizance: means the release of an individual without any condition of release other than the individual's promise to:(12)(a) appear for all required court proceedings; and(12)(b) not commit any criminal offense. See Utah Code 77-20-102
- Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) Section23A-4-501 or23A-4-502 ;(1)(b) Section23A-5-311 ;(1)(c) Section23A-5-313 ;(1)(d) Title 76, Chapter 6, Part 4, Theft;(1)(e) Title 76, Chapter 6, Part 5, Fraud;(1)(f) Title 76, Chapter 6, Part 6, Retail Theft;(1)(g) Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;(1)(h) Title 76, Chapter 6, Part 8, Library Theft;(1)(i) Title 76, Chapter 6, Part 9, Cultural Sites Protection;(1)(j) Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;(1)(k) Title 76, Chapter 6, Part 11, Identity Fraud Act;(1)(l) Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;(1)(m) Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;(1)(n) Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;(1)(o) Title 76, Chapter 6a, Pyramid Scheme Act;(1)(p) Title 76, Chapter 7, Offenses Against the Family;(1)(q) Title 76, Chapter 7a, Abortion Prohibition;(1)(r) Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;(1)(s) Title 76, Chapter 9, Part 3, Cruelty to Animals;(1)(t) Title 76, Chapter 9, Part 4, Offenses Against Privacy;(1)(u) Title 76, Chapter 9, Part 5, Libel; or(1)(v) Title 76, Chapter 9, Part 6, Offenses Against the Flag.(2) Except as provided in Subsection (7)(a), a county jail official may fix a financial condition for an individual if:(2)(a)(2)(a)(i) the individual is ineligible to be released on the individual’s own recognizance under Section77-20-203 ;(2)(a)(ii) the individual is arrested for, or charged with:(2)(a)(ii)(A) a misdemeanor offense under state law; or(2)(a)(ii)(B) a violation of a city or county ordinance that is classified as a class B or C misdemeanor offense;(2)(a)(iii) the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and(2)(a)(iv) law enforcement has not submitted a probable cause statement to a magistrate; or(2)(b)(2)(b)(i) the individual is arrested for, or charged with, an eligible felony offense;(2)(b)(ii) the individual is not on pretrial release for a separate criminal offense;(2)(b)(iii) the individual is not on probation or parole;(2)(b)(iv) the primary risk posed by the individual is the risk of failure to appear;(2)(b)(v) the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and(2)(b)(vi) law enforcement has not submitted a probable cause statement to a magistrate.(3) A county jail official may not fix a financial condition at a monetary amount that exceeds:(3)(a) $5,000 for an eligible felony offense;(3)(b) $1,950 for a class A misdemeanor offense;(3)(c) $680 for a class B misdemeanor offense;(3)(d) $340 for a class C misdemeanor offense;(3)(e) $150 for a violation of a city or county ordinance that is classified as a class B misdemeanor; or(3)(f) $80 for a violation of a city or county ordinance that is classified as a class C misdemeanor.(4) If an individual is arrested for more than one offense, and the county jail official fixes a financial condition for release:(4)(a) the county jail official shall fix the financial condition at a single monetary amount; and(4)(b) the single monetary amount may not exceed the monetary amount under Subsection (3) for the highest level of offense for which the individual is arrested.(5) Except as provided in Subsection (7)(b), an individual shall be released if the individual posts a financial condition fixed by a county jail official in accordance with this section.(6) If a county jail official fixes a financial condition for an individual, law enforcement shall submit a probable cause statement in accordance with Rule 9 of the Utah Rules of Criminal Procedure after the county jail official fixes the financial condition.(7) Once a magistrate begins a review of an individual’s case under Rule 9 of the Utah Rules of Criminal Procedure:(7)(a) a county jail official may not fix or modify a financial condition for an individual; and(7)(b) if a county jail official fixed a financial condition for the individual before the magistrate’s review, the individual may no longer be released on the financial condition.(8) A jail facility may not release an individual subject to a 72-hour hold placed on the individual by the Department of Corrections as described in Section64-13-29 .(9) This section does not prohibit a court and a county from entering into an agreement regarding release.