Utah § 17-72-601 Probation supervision -- Violation of probation -- Detention -- Hearing.

Utah Statutes

§ 17-72-601 — Probation supervision -- Violation of probation -- Detention -- Hearing.

Utah·Title 17 Counties·Ch. 17-72 County Sheriff·Part 17-72-6 Responsibility for Individuals on Probation

(1)In a county that offers probation services, the county sheriff shall adopt probation standards and practices that are established by the Utah Sheriffs' Association.

(2)A county sheriff shall ensure that the court is notified of violations of the terms and conditions of a probationer's probation when the county sheriff determines that:

(2)(a) incarceration is recommended as a sanction;

(2)(b) a graduated and evidence-based response is not an appropriate response to the offender's violation and recommends revocation of probation; or

(2)(c) there is probable cause that the conduct that led to a violation of probation is:

(2)(c)(i) a violent felony; or

(2)(c)(ii) a qualifying domestic violence offense.

(3)A county sheriff may take custody of, and detain, a probationer for a maximum of 72

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(1) In a county that offers probation services, the county sheriff shall adopt probation standards and practices that are established by the Utah Sheriffs' Association.
(2) A county sheriff shall ensure that the court is notified of violations of the terms and conditions of a probationer's probation when the county sheriff determines that:
(2)(a) incarceration is recommended as a sanction;
(2)(b) a graduated and evidence-based response is not an appropriate response to the offender's violation and recommends revocation of probation; or
(2)(c) there is probable cause that the conduct that led to a violation of probation is:
(2)(c)(i) a violent felony; or
(2)(c)(ii) a qualifying domestic violence offense.
(3) A county sheriff may take custody of, and detain, a probationer for a maximum of 72 hours, excluding weekends and holidays, if there is probable cause to believe that the probationer has committed a violation of probation.
(4) A county sheriff may not detain a probationer or parolee for longer than 72 hours without obtaining a warrant issued by the court.
(5) If the county sheriff detains a probationer under Subsection (3), the county sheriff shall ensure the proper court is notified.
(6) A written order from the county sheriff is sufficient authorization for a peace officer to incarcerate a probationer if the county sheriff has determined that there is probable cause to believe that the probationer has violated the conditions of probation.
(7) If a probationer commits a violation outside of the jurisdiction of the county sheriff supervising the probationer, the arresting law enforcement agency is not required to hold or transport the probationer to the county sheriff.
(8) This section does not require the county sheriff to release a probationer who is being held for something other than a probation violation, including a warrant issued for new criminal conduct or a new conviction where the individual is sentenced to incarceration.

Utah § 17-72-601 (Probation supervision -- Violation of probation -- Detention -- Hearing.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.