17-72-408. County jail reporting requirements.
(1) Each county jail shall submit a report to the department before June 15 of each year that includes, for the preceding calendar year:
(a) the average daily prisoner population each month;
(b) 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;
(c) the number of prisoners booked into the county jail;
(d) the number of prisoners held in the county jail each month on behalf of each of the following entities:
(i) the Bureau of Indian Affairs;
(ii) a state prison;
(iii) a federal prison;
(iv) the United States Immigration and Customs Enforcement; and
(v) any other entity with which a county jail has entered a contract to house inmates on the entity's behalf;
(e) 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;
(f) for each prisoner booked into the county jail:
(i) the name of the agency that arrested the prisoner;
(ii) the date and time the prisoner was booked into and released from the custody of the county jail;
(iii) 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;
(iv) 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;
(v) the number of days the prisoner was held in the custody of the county jail before disposition of the prisoner's criminal charges;
(vi) whether the prisoner was released from the custody of the county jail before final disposition of the prisoner's criminal charges; and
(vii) the prisoner's state identification number;
(g) the number of in-custody deaths that occurred at the county jail;
(h) for each in-custody death:
(i) the deceased's name, gender, race, ethnicity, age, and known or suspected medical diagnosis or disability, if any;
(ii) the date, time, and location of death;
(iii) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and
(iv) a brief description of the circumstances surrounding the death;
(i) the known, or discoverable on reasonable inquiry, causes and contributing factors of each of the in-custody deaths described in Subsection (2)(g);
(j) the county jail's policy for notifying an inmate's next of kin after the prisoner's in-custody death;
(k) the county jail policies, procedures, and protocols:
(i) for treatment of a prisoner experiencing withdrawal from alcohol or substance use, including use of opiates;
(ii) 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; and
(iii) that 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;
(l)
(i) the number of prisoners whose screening described in Section 17-72-501 indicated the presence of a substance use disorder; and
(ii) of 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;
(m) the number of female prisoners that the county jail knows were pregnant while incarcerated in the county jail;
(n) the number of prisoners who gave birth and were restrained in accordance with Section 64-13-46, including:
(i) the types of restraints used; and
(ii) whether the use of restraints was to prevent escape or to ensure the safety of the prisoner, medical or corrections staff, or the public;
(o) the number of female prisoners incarcerated in the county jail who are the parent of a minor child as that term is defined in Section 81-1-101; and
(p) any report the county jail provides or is required to provide under federal law or regulation relating to prisoner deaths.
(2)
(a) Subsection (1) does not apply to a county jail if the county jail:
(i) collects and stores the data described in Subsection (1); and
(ii) enters into a memorandum of understanding with the department that allows the department to access the data described in Subsection (1).
(b) 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.
(c) If the department accesses data from a county jail in accordance with Subsection (2)(a), the department may not release a report prepared from that data, unless:
(i) the department provides the report for review to:
(A) the county jail; and
(B) any arresting agency that is named in the report; and
(ii)
(A) the county jail approves the report for release;
(B) the county jail reviews the report and prepares a response to the report to be published with the report; or
(C) the county jail fails to provide a response to the report within four weeks after the day on which the department provides the report to the county jail.
(3) The department 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.
(4) 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.
Amended by Chapter 291, 2026 General Session
