17-22-5 - Sheriff's classification of jail inmates -- Classification criteria -- Alternative incarceration programs -- Limitation. - Utah Statutes

17-22-5. Sheriff's classification of jail inmates -- Classification criteria --Alternative incarceration programs -- Limitation.
(1) Except as provided in Subsection (4), the sheriff shall adopt and implement writtenpolicies for admission of prisoners to the county jail and the classification of persons incarceratedin the jail which shall provide for the separation of prisoners by gender and by such other factorsas may reasonably provide for the safety and well-being of inmates and the community. To theextent authorized by law, any written admission policies shall be applied equally to all entitiesusing the county correctional facilities.
(2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to afacility or section of a facility based on classification criteria that the sheriff develops andmaintains.
(3) (a) Except as provided in Subsection (4), a county sheriff may develop andimplement alternative incarceration programs that may or may not involve housing a prisoner ina jail facility.
(b) A prisoner housed under an alternative incarceration program under Subsection (3)(a)shall be considered to be in the full custody and control of the sheriff for purposes of Section76-8-309.
(c) A prisoner may not be placed in an alternative incarceration program underSubsection (3)(a) unless:
(i) the jail facility is at maximum operating capacity, as established under Subsection17-22-5.5(2); or
(ii) ordered by the court.
(4) This section may not be construed to authorize a sheriff to modify provisions of acontract with the Department of Corrections to house in a county jail persons sentenced to theDepartment of Corrections.

Amended by Chapter 301, 2004 General Session