17-72-503. Sheriff's classification of prisoners -- Classification criteria -- Alternative incarceration programs -- Limitation.
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Effective 5/6/2026
17-72-503. Sheriff's classification of prisoners -- Classification criteria -- Alternative incarceration programs -- Limitation.
(1)As used in this section, "living area" means the same as that term is defined in Section 64-13-7 .
(a)Except as provided in Subsections
(5)and
(6), the sheriff shall adopt and implement written policies:
(i)for admission of prisoners to the county jail; and
(ii)for the classification of prisoners that provide for the separation of prisoners by gender and by other factors as may reasonably provide for the safety and well-being of prisoners and the community.
(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 prisoners to a facility or section of a facility based on classification criteria that the sheriff develops and maintains.
(a)Except as provided in Subsection
(6), a county sheriff may develop and implement alternative incarceration programs that may involve housing a prisoner in a jail facility.
(b)A prisoner 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 76-8-309.1 .
(c)A prisoner may not be placed in an alternative incarceration program under Subsection (4)(a) unless:
(i)the county jail is at maximum operating capacity, as established under Section 17-72-402 ; or
(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 a prisoner to a living area, including the reporting requirements in Subsections 64-13-45(2)(f) and
(g).
(6)This section does not authorize a sheriff to modify provisions of a contract with the Department of Corrections to house state inmates in a county jail.
Amended by Chapter 456 , 2026 General Session