§ 12-29-111 — Transport of inmate required for legal proceeding

(a) If an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present during a criminal proceeding or a civil proceeding that arises from a criminal charge or conviction of any court in this state, the county sheriff of the county in which the criminal proceeding or civil proceeding takes place shall take custody of the inmate at the institution where the inmate is confined, transport the inmate to the appropriate county, and make him or her available to the court. (b) At the conclusion of the criminal proceeding or civil proceeding, the county sheriff shall transport the inmate back to the unit of the Division of Correction or Division of Community Correction from which the inmate was received and shall return custody of the inmate to the Division of Correction or Division of Community Correction officials. (c) (1) The county sheriff's office is responsible for the custody, sustenance, and safety of the inmate from the time the inmate is placed into its custody until the time custody of the inmate is returned to the Division of Correction or the Division of Community Correction. (2) The county in which the legal proceeding is held is responsible for all expenses relating to the transportation and care of the inmate. (d) While transporting an inmate under this section, a county sheriff has the full authority of his or her office in any county of this state in matters relating to the transportation. (e) This section does not apply to the transportation and care costs for court appearances arising from charges brought by the Division of Correction against the inmate for offenses committed while the inmate is under the custody and care of the Division of Correction. (f) (1) When an inmate in the care and custody of the Division of Correction or the Division of Community Correction is required to be present for appearances in a civil proceeding that does not arise from a criminal charge or conviction, the court requiring the inmate's presence may assess costs against one (1) or more of the parties to the proceeding to be paid to the Division of Correction or the Division of Community Correction to compensate the actual cost of transporting the inmate and to compensate other costs assessed by the court. (2) Costs under this subsection shall not be assessed against the Department of Human Services if the Department of Human Services is a party to the proceeding.

Legislative History

Amended by Act 2019, No. 910,§ 789, eff. 7/1/2019. Amended by Act 2013, No. 287,§ 1, eff. 8/16/2013. Acts 1975, No. 737, § 1; A.S.A. 1947, § 46-181; Acts 2009, No. 364, § 1.