Care of prisoners -- Funding of services -- Private contractor.

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Affected by 63I-2-217 on 6/30/2022

Effective 5/5/2021
17-22-8. Care of prisoners -- Funding of services -- Private contractor.
  • (1) Except as provided in Subsection (5), a sheriff shall:
    • (a) receive each individual committed to jail by competent authority;
    • (b) provide each prisoner with necessary food, clothing, and bedding in the manner prescribed by the county legislative body;
    • (c) provide each prisoner medical care when:
      • (i) the prisoner's symptoms evidence a serious disease or injury;
      • (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
      • (iii) the potential for harm to the person by reason of delay or the denial of medical care would be substantial; and
    • (d) provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception:
      • (i) an oral contraceptive;
      • (ii) an injectable contraceptive; or
      • (iii) an intrauterine device, if the prisoner was prescribed the intrauterine device because the prisoner experiences serious and persistent adverse effects when using the methods of contraception described in Subsections (1)(d)(i) and (ii).
  • (2) A sheriff may provide the generic form of a contraceptive described in Subsection (1)(d)(i) or (ii).
  • (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c).
  • (4)
    • (a) Except as provided in Subsection (4)(b), the expense incurred in providing the services required by this section to prisoners shall be paid from the county treasury, except as provided in Section 17-22-10.
    • (b) The expense incurred in providing the services described in Subsection (1)(d) to prisoners shall be paid by the Department of Health.
  • (5) If the county executive contracts with a private contractor to provide the services required by this section, the sheriff shall provide only those services required of the sheriff by the contract between the county and the private contractor.




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