Sheriff's classification of jail facilities -- Maximum operating capacity of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding release.

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  • (1)
    • (a) Except as provided in Subsection (4), a county sheriff shall determine:
      • (i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail facility under the sheriff's control;
      • (ii) the nature of each program conducted at a jail facility under the sheriff's control; and
      • (iii) the internal operation of a jail facility under the sheriff's control.
    • (b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any applicable zoning ordinance or conditional use permit of the county or municipality.
  • (2) Except as provided in Subsection (4), each county sheriff shall:
    • (a) with the approval of the county legislative body, establish a maximum operating capacity for each jail facility under the sheriff's control, based on facility design and staffing; and
    • (b) upon a jail facility reaching the jail facility's maximum operating capacity:
      • (i) transfer prisoners to another appropriate facility:
        • (A) under the sheriff's control; or
        • (B) available to the sheriff by contract;
      • (ii) release prisoners:
        • (A) to a supervised release program, according to release criteria established by the sheriff; or
        • (B) to another alternative incarceration program developed by the sheriff; or
      • (iii) admit prisoners in accordance with law and a uniform admissions policy imposed equally upon all entities using the county jail.
  • (3)
    • (a) The sheriff shall keep records of the release status and the type of release program or alternative incarceration program for any prisoner released under Subsection (2)(b)(ii).
    • (b) The sheriff shall make these records available upon request to the Department of Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
  • (4) This section may not be construed to authorize a sheriff to modify provisions of a contract with the Department of Corrections to house in a county jail an individual sentenced to the Department of Corrections.
  • (5) Regardless of whether a jail facility has reached the jail facility's maximum operating capacity under Subsection (2), a sheriff may release an individual from a jail facility in accordance with Section 77-20-203 or 77-20-204.




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