17-72 - County Sheriff
Title 17 > 17-72
Sections (37)
General Provisions
17-72-101 - Definitions.
As used in this chapter:
(1) “Commissary account” means an account from which a prisoner may withdraw money, deposited by the prisoner or another individual, to purchase discretionary items for sale by a correctional facility.
(2) “Commissary purchase” means a transaction initiated by a prisoner by which the prisoner obtains an item or items offered for sale by the correctional facility in exchange for money withdrawn from the prisoner’s commissary account.
(3) “Commission” means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(4) “Correctional facility” means the same as that term is defined in Section 77-16b-102.
(5) “County inmate” means an inmate who is sentenced to a county jail.
(6) “Cross-sex hormone treatment” means the same as that term is defined in Section 26B-4-1001.281-12(6)
(7) “In-custody death” means a prisoner death that occurs while the prisoner is in the custody of a county jail.”In-custody death” includes a prisoner death that occurs while the prisoner is:being transported for health care; orreceiving health care outside of a county jail.
(8) “Inmate” means a prisoner who is in the custody of a correctional facility following a criminal conviction.
(9) “Medication assisted treatment plan” means a prescription plan to use prescribed medication approved by the Food and Drug Administration, such as buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder.
(10) “Notice” means all papers and orders, except process, required to be served in any proceeding before any court, board, commission, or officer, or when required by law to be served independently of a court proceeding.
(11) “Opiate” means the same as that term is defined in Section 58-37-2.
(12) “Primary sex characteristic surgical procedure” means the same as that term is defined in Section 26B-4-1001.
(13) “Prisoner” means an individual who is: in custody of a peace officer in accordance with a lawful arrest; orconfined in a county jail.
(14) “Police interlocal entity” means the same as that term is defined in Sections 17-76-201 and 17-76-301.
(15) “Police special district” means the same as that term is defined in Section 17-76-201.
(16) “Probationer” means an individual on probation under the supervision of the county sheriff.
(17) “Process” means all writs, warrants, summonses and orders of the courts of justice or judicial officers.
(18) “Qualifying domestic violence offense” means the same as that term is defined in Section 77-36-1.1.”Qualifying domestic violence offense” does not include criminal mischief as that term is defined in Section 76-6-106.
(19) “State inmate” means an inmate who is sentenced to the Department of Corrections, created in Section 64-13-2, even if the inmate is in the custody of a county jail.
(20) “Secondary sex characteristic surgical procedure” means the same as that term is defined in Section 26B-4-1001.
(21) “Violent felony” means the same as that term is defined in Section 76-3-203.5.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Qualifications and Term
17-72-201 - County sheriff qualifications — Declaring office vacant — Term.
(1) Each individual filing a declaration of candidacy for the office of county sheriff shall submit to the county clerk, at the time of filing a declaration of candidacy, a certificate issued by the Peace Officer Standards and Training Division created under Section 53-6-103 stating that the candidate has:successfully met the standards and training requirements established for peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; ormet the waiver requirements in Section 53-6-206; andmet the qualifications to be certified as a law enforcement officer, as defined in Section 53-13-103.
(2) In addition to the general qualifications required of county officers by Chapter 66, County Officers and Officials Generally, each county sheriff shall:at the time of taking office:have successfully met the standards and training requirements established for peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; orhave met the waiver requirements in Section 53-6-206; andbe qualified to be certified as:a law enforcement officer, as defined in Section 53-13-103; andif the individual is elected to the office of county sheriff in any election held after the 2008 general election:a correctional officer, as defined in Section 53-13-104; ora correctional facility manager by having successfully completed a correctional facility management course that is offered by a certified academy in both an online web-based format and in a classroom format and that is approved by the Peace Officer Standards and Training Council created in Section 53-6-106;satisfactorily complete annual certified training as required in Section 53-13-103; andafter certification as provided in Subsection (2)(a), remain certified during the sheriff’s term of office as:a law enforcement officer; andif the person is elected to the office of county sheriff in any election held after the 2008 general election:a correctional officer; ora correctional facility manager by having completed a correctional facility management course approved by the Peace Officer Standards and Training Council.
(3) If a sheriff resigns, retires, dies, or otherwise does not complete the term of office, the individual appointed to serve for the remainder of the term shall within 60 days after the date of appointment complete the training and exam required under Subsection (2)(a)(ii)(B).
(4) The county legislative body shall declare the office of sheriff to be vacant if at any time the incumbent sheriff fails to meet the qualifications for office under Subsection (2).In addition to the circumstance described in Subsection (4)(a), the office of the county sheriff is considered vacant when the sheriff is committed for not paying over money received by the sheriff by virtue of the sheriff’s office and remains committed for 60 or more days.
(5) The term of office of a county sheriff is governed by Utah Constitution, Article XI, Section 10.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Powers and Duties
17-72-301 - General duties.
(1) The sheriff shall:preserve the peace;make all lawful arrests;attend in person or by deputy: the Supreme Court and the Court of Appeals when required; orwhen the court is held within the sheriff’s county, all courts of record, and court commissioner and referee sessions held within the sheriff’s county;obey a court’s lawful orders and directions; andcomply with the court security rule, Rule 3-414, of the Utah Code of Judicial Administration;upon request of the juvenile court, aid the court in maintaining order during hearings and transport a minor to and from youth corrections facilities, other institutions, or other designated places;attend county justice courts if the judge finds that the matter before the court requires the sheriff’s attendance for security, transportation, and escort of prisoners in the sheriff’s custody, or for the custody of jurors;command the aid of as many inhabitants of the sheriff’s county as the sheriff considers necessary in the execution of duties described in this section;take charge of and keep the county jail and prisoners in the county jail as described in Part 4, County Jails, and Part 5, Responsibility for Prisoners;receive and safely keep all prisoners committed to the sheriff’s custody;file and preserve the commitments of prisoners; andrecord the name, age, place of birth, and description of each prisoner;release on the record all attachments of real property when the attachment the sheriff receives has been released or discharged;endorse on all process and notices the year, month, day, hour, and minute of reception, and, upon payment of fees, issue a certificate to the individual delivering process or notice showing the names of the parties, title of paper, and the time of receipt;serve all process and notices as prescribed by Part 7, Process Service and Duty to the Court, or any other provision of law;if the sheriff makes service of process or notice, certify on the process or notices the manner, time, and place of service; orif the sheriff fails to make service, certify the reason upon the process or notice, and return them without delay;extinguish fires occurring in the undergrowth, trees, or wooded areas on the public land within the sheriff’s county;perform as required by any contracts between the county and private contractors for management, maintenance, operation, and construction of county jails entered into under the authority of Section 17-65-405;manage and direct search and rescue services in the sheriff’s county, including emergency medical responders and other related incident response activities;obtain saliva DNA specimens as required under Section 53-10-404;on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender;as applicable, select a representative of law enforcement to serve as a member of a child protection team, as defined in Section 80-1-102;appoint a county security chief in accordance with Section 53-22-103 and ensure the county security chief fulfills the county security chief’s duties;ensure that a prisoner who is awaiting trial, sentencing, or disposition of criminal charges has:a private and confidential space to review discovery and other evidence or documents related to the prisoner’s criminal case with the prisoner’s counsel; andthe means to access and review discovery and other evidence or documents related to the prisoner’s criminal case, with or without the prisoner’s counsel, including the means to access and review digital, audio, video, or other technological evidence or documents; andperform any other duties that are required by law.
(2) Violation of Subsection (1)(j) is a class C misdemeanor.Violation of any other subsection under Subsection (1) is a class A misdemeanor.
(3) A prisoner may access or review discovery, evidence, or other documents under Subsection (1)(t) with:technology provided by the jail; ortechnology, including a computer, that is approved by the jail and is provided by the prisoner’s counsel.If a prisoner’s counsel leaves discovery, evidence, or other documents with the prisoner at the jail, the prisoner’s counsel shall ensure that the discovery, evidence, or other documents does not include:any visual depiction of an individual who is younger than 18 years old;any personal identifying information of an individual other than the prisoner;any financial information of a person other than the prisoner;any child sexual abuse material as defined in Section 76-5b-103;any intimate image as defined in Section 76-5b-203; orany visual depiction or information for which possession is prohibited, by policy, at the jail.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-302 - Primary law enforcement authority.
The sheriff is the primary law enforcement authority of state law on federal land except as otherwise assigned by law to the authority of a state or municipal law enforcement agency.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-303 - Duty to respond to county legislative body, county executive.
Enacted by Chapter 13, 2025 Special Session 1
17-72-304 - Fees.
(1) The legislative body of a county may set a fee for a service described in this section and charged by the county sheriff:in an ordinance adopted under Section 17-64-501; andin an amount reasonably related to, but not exceeding, the actual cost of providing the service.If the legislative body of a county does not under Subsection (1)(a) set a fee charged by the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2) through (7).
(2) Unless under Subsection (1) the legislative body of a county sets a fee amount for a fee described in this Subsection (2), the sheriff shall charge the following fees:for serving a notice, rule, order, subpoena, garnishment, summons, or summons and complaint, or garnishee execution, or other process by which an action or proceeding is commenced, on each defendant, including copies when furnished by plaintiff, 5;for a copy of any writ, process or other paper when demanded or required by law, for each folio, 50 cents;for serving an attachment on property, or levying an execution, or executing an order of arrest or an order for the delivery of personal property, including copies when furnished by plaintiff, 15 per day;for advertising property for sale on execution, or any judgment, or order of sale, exclusive of the cost of publication, 15, to be paid by the grantee;for recording each deed, conveyance, or other instrument affecting real estate, exclusive of the cost of recording, 50;for holding each trial of right of property, to include all services in the matter, except mileage, 15;for transporting a prisoner to and from prison to attend court proceedings in a civil case, 1,000, 2% of this amount, with a minimum of 1,000, 2% on the first 10.
(3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising shall be collected from the judgment debtor as part of the execution in the same manner as the sum directed to be made.
(4) When serving an attachment on property, an order of arrest, or an order for the delivery of personal property, the sheriff may only collect traveling fees for the distance actually traveled beyond the distance required to serve the summons if the attachment or those orders:accompany the summons in the action; andmay be executed at the time of the service of the summons.
(5) When traveling generally to serve notices, orders, process, or other papers, the sheriff may receive, except as otherwise provided under Subsection (1)(a), 2.50 for each mile necessarily traveled, in going only, computed from the post office where received for each person served, to a maximum of 100 miles.The sheriff may only charge one mileage fee if any two or more papers are required to be served in the same action or proceeding at the same time and at the same address.If it is necessary to make more than one trip to serve any notice, order, process, or other paper, the sheriff may not collect more than two additional mileage charges.
(6) For transporting a patient to the Utah State Hospital or to or from a hospital or a mental health facility, as defined in Section 26B-5-301, when the cost of transportation is payable by private individuals, the sheriff may collect, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100 miles.If the sheriff requires assistance to transport the person, the sheriff may also charge the actual and necessary cost of that assistance.
(7) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under Section 53-10-404, the sheriff shall collect the fee of $150 in accordance with Section 53-10-404.The fee amount described in Subsection (7)(a) may not be changed by a county legislative body under Subsection (1).
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-305 - Certain liability.
The sheriff is liable for the rescue of an individual arrested in a civil action equally as for an escape.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
County Jails
17-72-401 - County jails — Sheriff as keeper — Contracting with private contractor.
(1) The county jail shall be kept by the sheriff and shall be used for:the detention of an individual committed to jail to secure the individual’s attendance as a witness in a criminal case;the detention of prisoners charged with crime and committed for trial;the confinement of prisoners committed for contempt, or upon civil process, or by other authority of law; andthe confinement of inmates sentenced to imprisonment upon conviction of crime.
(2) If the county executive contracts with a private contractor to manage, maintain, operate, or construct county jail facilities, the sheriff shall perform whatever obligations are imposed upon the sheriff by that contract.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
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) Except as provided in Subsection (5), a county sheriff shall determine:subject to Subsection (1)(b), the classification of each county jail facility or section of a county jail facility under the sheriff’s control;the nature of each program conducted at a county jail facility under the sheriff’s control; andthe internal operation of a county jail facility under the sheriff’s control.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: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; andupon a county jail facility reaching the county jail facility’s maximum operating capacity:transfer prisoners to another appropriate facility:under the sheriff’s control; oravailable to the sheriff by contract;subject to the requirements of Subsection (4), release prisoners:to a supervised release program, according to release criteria established by the sheriff; orto another alternative incarceration program developed by the sheriff; oradmit prisoners in accordance with law and a uniform admissions policy imposed equally upon all entities using the county jail.
(3) 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).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:is arrested or convicted of a violent criminal offense as defined in Section 76-3-203.10;is arrested or convicted of a drug offense that is a felony;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;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;has been previously booked into the same jail within the 12-month period immediately before the individual’s current incarceration began; orhas an outstanding warrant for failing to appear in a case:involving any charge described in Subsections (4)(a) through (4)(d); orwhere the individual classifies as a habitual offender as defined in Section 77-18-102.
(5) 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.A county contracting with another county to house a county inmate due to capacity issues:shall contract with a county that:has available capacity in the county’s county jail; andagrees to contract to house the county inmate;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:the current average cost of housing a county inmate in the transferring county jail; orthe daily incarceration rates described in Section 64-13e-103.1; andif 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:may not enter into a new contract with a federal agency for the purpose of housing federal detainees;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; andshall publish daily totals on the public data dashboard showing:the total number of federal detainees held;the total number of beds under contract with a federal agency; andthe total number of beds that are currently under contract with another county for the purpose of housing federal detainees.The lookback period described in Subsection (5)(b)(iii) is:beginning on September 1, 2025, the period that begins on September 1, 2025 and ends on August 31, 2026; andfor 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: Section 17-72-804 and Section 77-20-203; orSection 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.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-403 - Special guards for county jail.
(1) The sheriff when necessary may with the assent of the county executive employ a temporary guard for the protection of the county jail, or for the safekeeping of prisoners.
(2) The expenses of a temporary guard employed under Subsection (1) shall be a county charge.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-404 - County jails authorized to hold federal prisoners.
An individual convicted of crime in any of the courts of the United States in the state of Utah and prisoners held to answer before a federal court for a violation of any of the laws of the United States shall be received and held:
(1) in the jail of any county under the same regulations and laws governing prisoners held under the authority of this state; and
(2) upon the terms as to compensation as may be agreed upon by the county and the United States.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-405 - Commissary account disclosure requirements.
(1) A correctional facility may implement a policy governing when the correctional facility withdraws money from a prisoner’s commissary account for a purpose other than a commissary purchase.
(2) A correctional facility may only withdraw money from a prisoner’s commissary account for a purpose other than a commissary purchase in accordance with a policy implemented under Subsection (1).
(3) Before a correctional facility withdraws money from a prisoner’s commissary account for a purpose other than a commissary purchase, the correctional facility shall disclose the policy implemented under Subsection (1) to the prisoner or any other individual seeking to make a deposit of money into the prisoner’s commissary account before the correctional facility may accept and deposit the money into the prisoner’s commissary account.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-406 - Maintaining order in the county jail — Imposing restitution.
(1) If a prisoner commits an act of violence against another individual, attempts to damage jail property, attempts to escape, or refuses to obey a lawful order and reasonable command, an officer or jail employee may use all reasonable means under the circumstances, including the use of a weapon:in self-defense;to defend another;to protect jail property;to prevent escape; orto enforce compliance with a lawful order and reasonable command.
(2) A jail may request restitution from a prisoner for damaging jail property as part of an administrative disciplinary hearing.To enforce ordered or agreed upon restitution, a jail may withdraw money from or place a hold on a prisoner’s commissary account.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-407 - Notice to county jail facilities.
(1) Before an order is entered granting visitation or correspondence between an individual and a prisoner, the moving party shall provide notice to the county jail facility administrator.
(2) The court shall:provide an opportunity to the facility representative to respond before the order is granted; andconsider facility policy.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-408 - County jail reporting requirements.
(1) Each county jail shall submit a report to the commission before June 15 of each year that includes, for the preceding calendar year:the average daily prisoner population each month;the number of prisoners in the county jail on the last day of each month who identify as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity published by the United States Federal Bureau of Investigation;the number of prisoners booked into the county jail;the number of prisoners held in the county jail each month on behalf of each of the following entities:the Bureau of Indian Affairs;a state prison;a federal prison;the United States Immigration and Customs Enforcement; andany other entity with which a county jail has entered a contract to house inmates on the entity’s behalf;the number of prisoners that are denied pretrial release and held in the custody of the county jail while the prisoner awaited final disposition of the prisoner’s criminal charges;for each prisoner booked into the county jail:the name of the agency that arrested the prisoner;the date and time the prisoner was booked into and released from the custody of the county jail;if the prisoner was released from the custody of the county jail, the reason the inmate was released from the custody of the county jail;if the prisoner was released from the custody of the county jail on a financial condition, whether the financial condition was set by a county sheriff or a court;the number of days the prisoner was held in the custody of the county jail before disposition of the prisoner’s criminal charges;whether the prisoner was released from the custody of the county jail before final disposition of the prisoner’s criminal charges; andthe prisoner’s state identification number;the number of in-custody deaths that occurred at the county jail;for each in-custody death:the deceased’s name, gender, race, ethnicity, age, and known or suspected medical diagnosis or disability, if any;the date, time, and location of death;the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; anda brief description of the circumstances surrounding the death;the known, or discoverable on reasonable inquiry, causes and contributing factors of each of the in-custody deaths described in Subsection (2)(g);the county jail’s policy for notifying an inmate’s next of kin after the prisoner’s in-custody death;the county jail policies, procedures, and protocols:for treatment of a prisoner experiencing withdrawal from alcohol or substance use, including use of opiates;that relate to the county jail’s provision, or lack of provision, of medications used to treat, mitigate, or address a prisoner’s symptoms of withdrawal, including methadone and all forms of buprenorphine and naltrexone; andthat relate to screening, assessment, and treatment of a prisoner for a substance use or mental health disorder, including the policies, procedures, and protocols that implement the requirements described in Section 17-72-501;the number of prisoners whose screening described in Section 17-72-501 indicated the presence of a substance use disorder; andof the prisoners whose screening indicated the presence of a substance use disorder, the number of prisoners who received medication under a medication assisted treatment plan; andany report the county jail provides or is required to provide under federal law or regulation relating to prisoner deaths.
(2) Subsection (1) does not apply to a county jail if the county jail:collects and stores the data described in Subsection (1); andenters into a memorandum of understanding with the commission that allows the commission to access the data described in Subsection (1).The memorandum of understanding described in Subsection (2)(a)(ii) shall include a provision to protect any information related to an ongoing investigation and comply with all applicable federal and state laws.If the commission accesses data from a county jail in accordance with Subsection (2)(a), the commission may not release a report prepared from that data, unless:the commission provides the report for review to:the county jail; andany arresting agency that is named in the report; andthe county jail approves the report for release;the county jail reviews the report and prepares a response to the report to be published with the report; orthe county jail fails to provide a response to the report within four weeks after the day on which the commission provides the report to the county jail.
(3) The commission shall:compile the information from the reports described in Subsection (1);omit or redact any identifying information of an inmate in the compilation to the extent omission or redaction is necessary to comply with state and federal law;submit the compilation to the Law Enforcement and Criminal Justice Interim Committee and the Utah Substance Use and Mental Health Advisory Committee before November 1 of each year; andsubmit the compilation to the protection and advocacy agency designated by the governor before November 1 of each year.
(4) The commission may not provide access to or use a county jail’s policies, procedures, or protocols submitted under this section in a manner or for a purpose not described in this section.
(5) Upon request, a county jail shall make a report, including only the names and causes of death of deceased inmates and the facility in which the deceased inmates were being held in custody, available to the public.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-409 - Suicide Deterrence Grant application.
17E-6-201 .
Enacted by Chapter 13, 2025 Special Session 1
17-72-410 - Correctional facility telephone service.
17E-6-301 .
Enacted by Chapter 13, 2025 Special Session 1
Responsibility for Prisoners
17-72-501 - Disclosure of prisoner medical clearance — Care and health care of prisoners — Funding of services — Private contractor.
(1) A health care provider, as defined in Section 78B-3-403, who provides health care to an individual before the individual is booked into a county jail by a competent authority, is authorized to disclose to the competent authority whether the individual is medically cleared for incarceration.The disclosure under Subsection (1)(a) shall be made in writing if requested by the competent authority.
(2) Except as provided in Subsection (8), a sheriff shall:receive each prisoner committed to jail by competent authority;provide each prisoner with necessary food, clothing, and bedding in the manner prescribed by the county legislative body;subject to Subsection (7), provide each prisoner health care when:the prisoner’s symptoms evidence a serious disease or injury;the prisoner’s disease or injury is curable or may be substantially alleviated; andthe potential for harm to the prisoner by reason of delay or the denial of health care would be substantial;provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception:an oral contraceptive;an injectable contraceptive;a patch;a vaginal ring; oran 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 (2)(d)(i) and (ii);within 30 days after a prisoner is committed to jail, use an evidence-based screening tool to screen each inmate for substance use disorders; anduse the results of the screening to assist with providing programming and treatment options for the prisoner;cooperate with health care personnel to continue a medication assisted treatment plan for a prisoner if the prisoner was an active client before arrest and commitment; andensure that each female prisoner younger than 50 years old who has been incarcerated for longer than 72 hours on a state or local criminal offense is offered, which the prisoner may reject, a test for pregnancy.
(3) A sheriff may provide the generic form of a contraceptive described in Subsection (2)(d)(i) or (ii).
(4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in postpartum recovery.
(5) Except as provided in Section 17-72-506 and Subsection (5)(b), the expense incurred in providing the services required by this section to prisoners shall be paid from the county treasury.The expense incurred in providing the services described in Subsection (2)(d) to prisoners shall be paid by the Department of Health and Human Services.
(6) A medication used for a medication assisted treatment plan under Subsection (2)(f):shall be administered to a prisoner in accordance with the prisoner’s prescription under the direction of the sheriff;may be paid for by a county; andmay be left or stored at a jail at the discretion of the sheriff.
(7) A sheriff may not initiate any of the following procedures or treatments for a prisoner:a cross-sex hormone treatment;a primary sex characteristic surgical procedure; ora secondary sex characteristic surgical procedure.Subject to Subsection (7)(a) and Section 17-72-503, a sheriff may provide psychotherapy, mental health care, or any other necessary and appropriate treatment to treat a prisoner’s gender dysphoria and any co-occuring mental health disorder.
(8) 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.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-502 - Transfer of inmates to state prison.
The sheriff of the county in which an individual is sentenced to confinement in the state prison, or is sentenced to death, shall cause the inmate to be removed from the county jail within five days after the day on which the inmate is sentenced and transferred to the state prison.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-503 - Sheriff’s classification of prisoners — Classification criteria — Alternative incarceration programs — Limitation.
(1) As used in this section, “living area” means the same as that term is defined in Section 64-13-7.
(2) Except as provided in Subsections (5) and (6), the sheriff shall adopt and implement written policies: for admission of prisoners to the county jail; andfor the classification of prisoners that provide for the separation of prisoners by gender and by other factors as may reasonably provide for the safety and well-being of prisoners and the community.To the extent authorized by law, any written admission policies adopted and implemented under this Subsection (2) shall be applied equally to all entities using the county correctional facilities.
(3) Except as provided in Subsections (5) and (6), each county sheriff shall assign prisoners to a facility or section of a facility based on classification criteria that the sheriff develops and maintains.
(4) Except as provided in Subsection (6), a county sheriff may develop and implement alternative incarceration programs that may involve housing a prisoner in a jail facility.A prisoner housed under an alternative incarceration program under Subsection (4)(a) shall be considered to be in the full custody and control of the sheriff for purposes of Sections 76-8-309 and 76-8-309.3.A prisoner may not be placed in an alternative incarceration program under Subsection (4)(a) unless:the county jail is at maximum operating capacity, as established under Section 17-72-402; orordered by the court.
(5) A jail facility shall comply with the same requirements as the Department of Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning a prisoner to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and (e).
(6) This section does not authorize a sheriff to modify provisions of a contract with the Department of Corrections to house state inmates in a county jail.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-504 - Service of process on prisoners — Penalty.
(1) A sheriff who receives a paper in a judicial proceeding directed to a prisoner in the sheriff’s custody shall forthwith deliver the paper to the prisoner, with a note of the time of the paper’s service.
(2) A sheriff who neglects to comply with Subsection (1) is liable to the prisoner for all damages occasioned by that neglect.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-505 - Citizenship determination of prisoners — Notification to and coordination with federal authorities when releasing certain individuals.
(1) The sheriff shall make a reasonable effort to determine the citizenship status of a prisoner charged with a felony or driving under the influence under Section 41-6a-502.
(2) If a prisoner described in Subsection (1) is a foreign national, the sheriff shall make a reasonable effort to verify that:the individual has been lawfully admitted into the United States; andthe individual’s lawful status has not expired.
(3) If the sheriff cannot verify the lawful status of a prisoner described in Subsection (1) from documents in the prisoner’s possession, the sheriff shall attempt to verify that status within 48 hours of the prisoner’s confinement at the jail through contacting:the Law Enforcement Support Center of the United States Department of Homeland Security; oran office or agency designated for citizenship status verification by the United States Department of Homeland Security.The sheriff shall notify the United States Department of Homeland Security of a prisoner whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).
(4) In accordance with Title 77, Chapter 20, Bail, it is a rebuttable presumption for the purpose of determining whether to grant pretrial release that an individual who is verified under this section as a foreign national not lawfully admitted into the United States is at risk of flight.
(5) As soon as practicable before the day of release, the sheriff shall notify the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, when the sheriff is preparing to release an individual from the county jail who:is being released after serving the individual’s jail sentence for:a class A misdemeanor described under Subsection 76-Ch76_3|76-3-204(1)(b)]; ora felony; andis unlawfully present in the United States.The sheriff shall coordinate with federal authorities to transfer the custody of a released individual into federal custody as may be required under Subsection (5)(a).The requirements described in Subsection 17-Ch17_22|(5)] do not prohibit a sheriff from notifying or working with the United States Department of Homeland Security, or other relevant federal agency in charge of handling immigration violations or deportations, at any time with regard to an individual who is at the county jail or otherwise in the sheriff’s custody.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-506 - Prisoners under civil process.
(1) Whenever an individual is committed upon process in a civil action or proceeding, except when the state is a party thereto, the sheriff is not bound: to receive the individual unless security is given on the part of the party at whose instance the process is issued, by deposit of money, to meet the expenses of necessary food, clothing, and bedding for the committed person; orto detain the individual for any longer than the expenses described in Subsection (1)(a) are provided for.
(2) This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs or orders of court.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-507 - Escapes — Sheriff’s liability — Defenses.
(1) A sheriff who suffers the escape of an individual arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made, may be liable as follows:when the arrest is upon an order to hold to bail or upon a surrender in exoneration of bail before judgment, the sheriff is liable to the plaintiff as bail;when the arrest is on an execution or commitment to enforce the payment of money, the sheriff is liable for the amount expressed in the execution or commitment; andwhen the arrest is on an execution or commitment other than to enforce the payment of money, the sheriff is liable for the actual damages sustained.
(2) Upon being sued for damages for an escape or rescue, the sheriff may introduce evidence in mitigation and exculpation.
(3) A person cannot maintain an action against the sheriff for a rescue or for an escape of a prisoner arrested upon an execution or commitment, if after that prisoner’s rescue or escape and before the commencement of the action, the prisoner returns to the jail or is retaken by the sheriff or by any other person.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Responsibility for Individuals on Probation
17-72-601 - Probation supervision — Violation of probation — Detention — Hearing.
(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:incarceration is recommended as a sanction;a graduated and evidence-based response is not an appropriate response to the offender’s violation and recommends revocation of probation; orthere is probable cause that the conduct that led to a violation of probation is:a violent felony; ora 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.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Process Service and Duty to the Court
17-72-701 - Process on behalf of state — Fees.
(1) Except as specifically otherwise provided by law, the sheriff shall, without fee, serve and return all process in criminal cases to which the state is a party and that are lawfully issued by any court of the state.
(2) If the process issues from a court outside of the sheriff’s county, the sheriff is entitled to the sheriff’s actual expenses necessarily incurred.The expenses shall be paid by the county where the process was issued.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-702 - Process justifies sheriff’s action — Process to be exhibited.
(1) A sheriff is justified in the execution of, and shall execute, all process, writs, and orders issued by a competent authority.
(2) The officer executing process shall then, and at all times subsequent as long as the officer retains it, upon request show the document for which the officer is executing process, with all papers attached, to any interested person.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-703 - Return of process — Prima facie evidence.
(1) When process or notice is returnable, the sheriff may enclose such process or notice in an envelope addressed to the officer or person from whom the same emanated, and deposit it in the post office, prepaying the postage.
(2) The return of the sheriff upon process or notice is prima facie evidence of the facts in such return stated.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-704 - Failure or delay in making return on process — Failure to levy execution — Penalty.
(1) If a sheriff does not return without delay a process or notice in the sheriff’s possession with the necessary endorsement thereon, the sheriff is liable to the party aggrieved for all damages sustained by the aggrieved party.
(2) If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or the creditor’s attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, the sheriff shall be liable to the creditor for the value of the property.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-705 - Only written directions to sheriff binding.
No direction by a party or the party’s attorney to the sheriff in respect to the execution of process or the return thereof or to any act or omission relating thereto is available to discharge or excuse the sheriff from liability for neglect or misconduct, unless the direction is contained in a writing, signed by the attorney of the party or by the party if the party has no attorney.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-706 - Service of papers, other than process, on sheriff — Powers of successor.
(1) Service upon the sheriff of a paper other than process may be made by delivering it or a copy thereof to the sheriff or to one of the sheriff’s deputies or to an individual in charge of the sheriff’s office during office hours, or, if no such individual is there, by leaving it in a conspicuous place in the office.
(2) When any process remains with the sheriff unexecuted, in whole or in part, at the time of the sheriff’s death, resignation of office, or at the expiration of the sheriff’s term, process shall be executed by the sheriff’s successor in office.
(3) When the sheriff sells real estate under and by virtue of an execution or order of court, the sheriff or the sheriff’s successor in office shall execute and deliver to the purchaser all deeds and conveyances that are required by law and necessary for that purpose, and the deeds and conveyances shall be as valid in law as if they had been executed by the sheriff who made the sale.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-707 - Crier of court.
The sheriff in attendance upon court shall, if required by the court:
(1) act as crier for the court;
(2) call the parties and witnesses and other persons bound to appear at the court; and
(3) make proclamation of the opening and adjournment of court and of any other matter under the court’s direction.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-708 - Sheriff — Assignment of court bailiffs — Contract and costs.
(1) The sheriff shall assign law enforcement officers or special function officers, as defined under Sections 53-13-103 and 53-13-105, to serve as court bailiffs and security officers in the courts of record and county justice courts as required by the rules of the Judicial Council.
(2) The state court administrator shall enter into a contract with the county sheriff for bailiffs and building security officers for the district and juvenile courts within the county.The contract may not exceed amounts appropriated by the Legislature for that purpose.The county shall assume costs related to security administration, supervision, travel, equipment, and training of bailiffs.The contract shall specify the agreed services, costs of services, and terms of payment.
(3) If the court is located in the same facility as a state or local law enforcement agency and the county sheriff’s office is not in close proximity to the court, the state court administrator in consultation with the sheriff may enter into a contract with the state or local law enforcement agency for bailiff and security services subject to meeting all other requirements of this section.If the services are provided by another agency, the county sheriff shall have no responsibility for the services under this section.
(4) At the request of the court, the sheriff may appoint as a law clerk bailiff graduates of a law school accredited by the American Bar Association to provide security and legal research assistance.Any law clerk who is also a bailiff shall meet the requirements of Subsection (1) of this section.The sheriff may appoint a law clerk bailiff by contract for a period not to exceed two years, who shall be exempt from the deputy sheriff merit service commission.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
Responsibility for Assets, Records, and Information
17-72-801 - Neglect or refusal to pay over money — Penalty.
(1) If the sheriff neglects or refuses to pay over on demand to the person entitled thereto any money which may come into the sheriff’s hands by virtue of the sheriff’s office, after deducting all legal fees, the amount thereof with 25% damages and interest at the rate of 1% per month from the time of demand may be recovered by such person.
(2) A sheriff may pay the money described in Subsection (1) into the court or to the clerk thereof issuing the writ or process upon which the money is collected or received and from the time of such payment the sheriff shall be relieved of all liability therefor, unless the detention is shown to have been wrongful.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-802 - Prohibition on providing copy of booking photograph — Statement required — Victim access — Criminal liability for false statement — Remedy for failure to remove or delete.
(1) As used in this section:“Booking photograph” means a photograph or image of an individual that is generated:for identification purposes; andwhen the individual is booked into a county jail.”Publish-for-pay publication” or “publish-for-pay website” means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photograph from the publication or website.
(2) A sheriff may not provide a copy of a booking photograph in any format to a person requesting a copy of the booking photograph if:the booking photograph will be placed in a publish-for-pay publication or posted to a publish-for-pay website; orthe booking photograph is a protected record under Subsection 63G-2-305(80).A sheriff shall display a copy of a booking photograph to a person requesting to view the booking photograph if:the person making the request is an alleged victim of a crime that resulted in the creation of the booking photograph; andsubject to Utah Rules of Evidence, Rule 617, the prosecuting agency with jurisdiction consents to the request; orif an alleged victim is deceased or incapacitated, the person making the request is an immediate family member, guardian, or conservator of an alleged victim of the crime that resulted in the creation of the booking photograph.A person entitled to view a booking photograph under Subsection (2)(b)(i) is not permitted to:retain the booking photograph;make a copy, take a picture of, or otherwise reproduce the booking photograph; ordisseminate or distribute the booking photograph.
(3) A person who requests a copy of a booking photograph from a sheriff shall, at the time of making the request, submit a statement signed by the person affirming that the booking photograph will not be placed in a publish-for-pay publication or posted to a publish-for-pay website.A person who submits a false statement under Subsection (3)(a) is subject to criminal liability as provided in Section 76-8-504.
(4) Except as provided in Subsection (5), a publish-for-pay publication or a publish-for-pay website shall remove and destroy a booking photograph of an individual who submits a request for removal and destruction within 30 calendar days after the day on which the individual makes the request.A publish-for-pay publication or publish-for-pay website described in Subsection (4)(a) may not condition removal or destruction of the booking photograph on the payment of a fee in an amount greater than 50 per day for each day after the 30-day deadline described in Subsection (4)(a) on which the booking photograph is visible or publicly accessible in the publish-for-pay publication or on the publish-for-pay website.
(5) A publish-for-pay publication or a publish-for-pay website shall remove and destroy a booking photograph of an individual who submits a request for removal and destruction within seven calendar days after the day on which the individual makes the request if:the booking photograph relates to a criminal charge:on which the individual was acquitted or not prosecuted; orthat was expunged, vacated, or pardoned; andthe individual submits, in relation to the request, evidence of a disposition described in Subsection (5)(a)(i).If the publish-for-pay publication or publish-for-pay website described in Subsection (5)(a) does not remove and destroy the booking photograph in accordance with Subsection (5)(a), the publish-for-pay publication or publish-for-pay website is liable for:all costs, including reasonable attorney fees, resulting from any legal action that the individual brings in relation to the failure of the publish-for-pay publication or publish-for-pay website to remove and destroy the booking photograph; anda civil penalty of $100 per day for each day after the seven-day deadline described in Subsection (5)(a) on which the booking photograph is visible or publicly accessible in the publish-for-pay publication or on the publish-for-pay website.An act of a publish-for-pay publication or publish-for-pay website described in Subsection (5)(a) that seeks to condition removal or destruction of the booking photograph on the payment of any fee or amount constitutes theft by extortion under Section 76-6-406.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-803 - Notification requirements to state agencies concerning potential inmate debts.
(1) Beginning on January 1, 2027, a county jail is required to notify the Office of State Debt Collection, the State Tax Commission, and the Office of Recovery Services:within five business days after the day on which a prisoner has been incarcerated in the county jail for 90 consecutive days; andif a prisoner has been incarcerated in the county jail for more than 90 consecutive days, within five business days after the day on which a prisoner is released from the county jail.
(2) The notification described in Subsection (1) shall include:the relevant dates of the prisoner’s incarceration and identifying information concerning the prisoner’s identity; andwhether the prisoner’s incarceration is based on:criminal non-payment of a child support order; oran offense against the prisoner’s child or custodial parent of the prisoner’s child.
(3) The requirement described in Subsection (1)(a) does not apply if a court, another county jail, the Department of Corrections, or another entity already has notified the Office of State Debt Collection, the State Tax Commission, and the Office of Recovery Services as described in Subsection (1) about the inmate’s incarceration.
(4) The requirement described in Subsection (1)(b) does not apply if an inmate is transferred to a different county jail or another incarcerated setting for the purpose of continued incarceration.
Renumbered and Amended by Chapter 13, 2025 Special Session 1
17-72-804 - State identification numbers and biometric and other personal information.
(1) As used in this section, “state identification number” means the number issued by the Bureau of Criminal Identification within the Department of Public Safety that corresponds to a certain individual.
(2) If an individual is brought to a county jail for processing or booking into custody, the county jail shall, regardless of whether the county jail retains custody of the individual or releases the individual due to capacity issues or another reason:collect the individual’s biometric and other personal information required by law; andto the extent possible, connect the individual with the individual’s state identification number; andif identified, use the individual’s state identification number in association with any records created or accessed by the county jail concerning the individual.
Renumbered and Amended by Chapter 13, 2025 Special Session 1