17-22-5.5 - Sheriff's classification of jail facilities -- Maximum operating capacity of jail facilities -- Transfer or release of prisoners -- Limitation.
               	 		 17-22-5.5.    Sheriff's classification of jail facilities -- Maximum operating capacity ofjail facilities -- Transfer or release of prisoners -- Limitation.
      (1) (a)  Except as provided in Subsection (3), a county sheriff shall determine:
      (i)  subject to Subsection (1)(b), the classification of each jail facility or section of a jailfacility 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 anyapplicable zoning ordinance or conditional use permit of the county or municipality.
      (2)  Except as provided in Subsection (3), each county sheriff shall:
      (a)  with the approval of the county legislative body, establish a maximum operatingcapacity for each jail facility under the sheriff's control, based on facility design and staffing; and
      (b)  upon a jail facility reaching its 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 thesheriff; or
      (B)  to another alternative incarceration program developed by the sheriff; or
      (iii)  admit prisoners in accordance with law and a uniform admissions policy imposedequally upon all entities using the county jail.
      (3)   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