§ 17-72-402 — Sheriff's classification of jail facilities -- Maximum operating capacity of jail facilities -- Limitations on contracting -- Transfer or release of prisoners -- Limitation -- Records regarding release.

(1) (1)(a) Except as provided in Subsection (5), a county sheriff shall determine:
(1)(a)(i) subject to Subsection (1)(b), the classification of each county jail facility or section of a county jail facility under the sheriff's control;
(1)(a)(ii) the nature of each program conducted at a county jail facility under the sheriff's control; and
(1)(a)(iii) the internal operation of a county jail facility under the sheriff's control.
(1)(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 (5), each county sheriff shall:
(2)(a) with the approval of the county legislative body, establish a maximum operating capacity for each county jail facility under the sheriff's control, based on facility design and staffing; and
(2)(b) upon a county jail facility reaching the county jail facility's maximum operating capacity:
(2)(b)(i) transfer prisoners to another appropriate facility:
(2)(b)(i)(A) under the sheriff's control; or
(2)(b)(i)(B) available to the sheriff by contract;
(2)(b)(ii) subject to the requirements of Subsection (4), release prisoners:
(2)(b)(ii)(A) to a supervised release program, according to release criteria established by the sheriff; or
(2)(b)(ii)(B) to another alternative incarceration program developed by the sheriff; or
(2)(b)(iii) admit prisoners in accordance with law and a uniform admissions policy imposed equally upon all entities using the county jail.
(3) (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).
(3)(b) The sheriff shall make records described in Subsection (3)(a) available upon request to the Department of Corrections, the judiciary, and the commission.
(4) A sheriff may not release an individual due to overcrowding who, based on information that is reasonably available to the sheriff:
(4)(a) is arrested or convicted of a violent criminal offense as defined in Section 76-3-203.10;
(4)(b) is arrested or convicted of a drug offense that is a felony;
(4)(c) is arrested or convicted of possession of any composition or mixture, including pills, that contains 100 grams or more of fentanyl or a fentanyl-related substance;
(4)(d) is arrested or convicted of an offense of driving under the influence or driving with a measurable controlled substance in the body, if the offense results in death or serious bodily injury to an individual;
(4)(e) has been previously booked into the same jail within the 12-month period immediately before the individual's current incarceration began; or
(4)(f) has an outstanding warrant for failing to appear in a case:
(4)(f)(i) involving any charge described in Subsections (4)(a) through (4)(d); or
(4)(f)(ii) where the individual classifies as a habitual offender as defined in Section 77-18-102.
(5) (5)(a) 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 a state inmate sentenced to the Department of Corrections.
(5)(b) A county contracting with another county to house a county inmate due to capacity issues:
(5)(b)(i) shall contract with a county that:
(5)(b)(i)(A) has available capacity in the county's county jail; and
(5)(b)(i)(B) agrees to contract to house the county inmate;
(5)(b)(ii) shall, subject to the agreement of the parties to the contract, pay to the county contracting to receive the transferred county inmate a day per capita rate that does not exceed the higher of:
(5)(b)(ii)(A) the current average cost of housing a county inmate in the transferring county jail; or
(5)(b)(ii)(B) the daily incarceration rates described in Section 64-13e-103.1; and
(5)(b)(iii) if the county is a county of the first class, and if the county or a sheriff in the county has released a prisoner due to overcrowding during the lookback period described in Subsection (5)(c), the county:
(5)(b)(iii)(A) may not enter into a new contract with a federal agency for the purpose of housing federal detainees;
(5)(b)(iii)(B) may not house federal detainees in a number that exceeds the number of beds that the county has contracted for with a federal agency in the current fiscal year; and
(5)(b)(iii)(C) shall publish daily totals on the public data dashboard showing:
(5)(b)(iii)(C)(I) the total number of federal detainees held;
(5)(b)(iii)(C)(II) the total number of beds under contract with a federal agency; and
(5)(b)(iii)(C)(III) the total number of beds that are currently under contract with another county for the purpose of housing federal detainees.
(5)(c) The lookback period described in Subsection (5)(b)(iii) is:
(5)(c)(i) beginning on September 1, 2025, the period that begins on September 1, 2025 and ends on August 31, 2026; and
(5)(c)(ii) for September 1, 2026 forward, the period that begins on September 1 of the previous calendar year and ends on August 31 of the current calendar year.
(6) Regardless of whether a county jail facility has reached the county jail facility's maximum operating capacity under Subsection (2), a sheriff may release an individual from a county jail facility in accordance with:
(6)(a) Section 17-72-804 and Section 77-20-203; or
(6)(b) Section 77-20-204.
(7) The sheriff of a county of the first class is encouraged to open and operate all sections of a county jail facility within the county that are not being used to full capacity.

Legislative History

Renumbered and Amended by Chapter 13, 2025 Special Session 1