Responsibility for Prisoners

Utah Code tit. 17, ch. 17-72, pt. 17-72-P5

in effect

Utah Code § 17-72-501 Disclosure of prisoner medical clearance -- Care and health care of prisoners -- Funding of services -- Private contractor.

17-72-501. Disclosure of prisoner medical clearance -- Care and health care of prisoners -- Funding of services -- Private contractor. (1) (a) 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. (b) 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: (a) receive each prisoner committed to jail by competent authority; (b) provide each prisoner with necessary food, clothing, and bedding in the manner prescribed by the county legislative body; (c) subject to Subsection (7), provide each prisoner health care when: (i) the prisoner's symptoms evidence a serious disease or injury; (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and (iii) the potential for harm to the prisoner by reason of delay or the denial of health care would be substantial; (d) provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception: (i) an oral contraceptive; (ii) an injectable contraceptive; (iii) a patch; (iv) a vaginal ring; or (v) an 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); (e) (i) within 30 days after a prisoner is committed to jail, use an evidence-based screening tool to screen each inmate for substance use disorders; and (ii) use the results of the screening to assist with providing programming and treatment options for the prisoner; (f) 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; and (g) ensure 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, as that term is defined in Section 64-13-46, including the reporting requirements described in Subsections 17-22-32(2)(m) and (n). (5) (a) 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. (b) 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): (a) shall be administered to a prisoner in accordance with the prisoner's prescription under the direction of the sheriff; (b) may be paid for by a county; and (c) may be left or stored at a jail at the discretion of the sheriff. (7) (a) A sheriff may not initiate any of the following procedures or treatments for a prisoner: (i) a cross-sex hormone treatment; (ii) a primary sex characteristic surgical procedure; or (iii) a secondary sex characteristic surgical procedure. (b) 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. Amended by Chapter 456, 2026 General Session

Utah Code § 17-72-502 Transfer of inmates to state prison.

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

Utah Code § 17-72-503 Sheriff's classification of prisoners -- Classification criteria -- Alternative incarceration programs -- Limitation.

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) (a) Except as provided in Subsections (5) and (6), the sheriff shall adopt and implement written policies: (i) for admission of prisoners to the county jail; and (ii) for 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. (b) 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) (a) 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. (b) 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 76-8-309.1. (c) A prisoner may not be placed in an alternative incarceration program under Subsection (4)(a) unless: (i) the county jail is at maximum operating capacity, as established under Section 17-72-402; or (ii) ordered 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)(f) and (g). (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. Amended by Chapter 456, 2026 General Session

Utah Code § 17-72-504 Service of process on prisoners -- Penalty.

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

Utah Code § 17-72-505 Citizenship determination of prisoners -- Notification to and coordination with federal authorities when releasing certain individuals.

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: (a) the individual has been lawfully admitted into the United States; and (b) the individual's lawful status has not expired. (3) (a) 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: (i) the Law Enforcement Support Center of the United States Department of Homeland Security; or (ii) an office or agency designated for citizenship status verification by the United States Department of Homeland Security. (b) 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) (a) 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: (i) is being released after serving the individual's jail sentence for: (A) a class A misdemeanor described under Subsection 76-3-204(1)(b)(i); or (B) a felony; and (ii) is unlawfully present in the United States. (b) 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). (c) The requirements described in Subsection (5)(a) 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

Utah Code § 17-72-506 Prisoners under civil process.

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: (a) 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; or (b) to 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

Utah Code § 17-72-507 Escapes -- Sheriff's liability -- Defenses.

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: (a) 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; (b) 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; and (c) when 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

Utah Code § 17-72-508 Recovery housing pod authorized.

17-72-508. Recovery housing pod authorized. (1) As used in this section: (a) "Local substance abuse authority" means a local substance abuse authority described in Section 17-77-201. (b) "Qualifying individual" means an individual who: (i) is incarcerated in the county jail; and (ii) has a substance use disorder as determined by a screening administered in accordance with Subsection 17-72-501(2)(e). (c) "Recovery housing pod" means a designated unit or number of beds within a county jail dedicated to qualifying individuals who participate in a structured substance use treatment program. (2) A sheriff may establish a recovery housing pod in a county jail. (3) Subject to the provisions of Subsection (5): (a) the local substance abuse authority shall approve a recovery housing pod; and (b) before approving a recovery housing pod, the local substance abuse authority shall make a determination that the structured substance use treatment program is based on best practices. (4) A recovery housing pod that is established on or before May 5, 2026, is not subject to the requirements of this section until July 1, 2029. (5) (a) A local substance abuse authority may develop model standards and operational guidelines for a structured substance use treatment program in a recovery housing pod in a county jail based on best practices. (b) A structured substance use treatment program that follows model standards and operational guidelines that a local substance abuse authority develops as described in Subsection (5)(a), is presumed to be based on best practices for purposes of the determination described in Subsection (3)(b). (6) A structured substance use treatment program may include: (a) a structured daily routine including requiring qualifying individuals to: (i) have assigned responsibilities; (ii) attend group meetings; (iii) complete work assignments; (iv) attend educational programs; and (v) participate in recovery-oriented programming; (b) peer programming, including requiring qualifying participants to help lead, manage, and maintain the culture and physical space of the recovery housing pod with the guidance of staff; (c) behavioral accountability where positive behavior is rewarded and negative behavior is addressed through corrective feedback from peers and staff; (d) promotion of self-discipline and mutual support where qualifying participants uphold standards of conduct and support one another in personal development; (e) phased progress in which qualifying participants advance through levels of responsibility and opportunity based on merit and demonstrated behavioral growth; and (f) practical skill building, which may include: (i) job training; (ii) personal finance skill training; (iii) interpersonal communication education; and (iv) reentry planning. (7) (a) Participation in a recovery housing pod is voluntary. (b) A qualifying individual who participates in a recovery pod shall sign a written agreement acknowledging the qualifying individual's commitment to the recovery housing pod's structured substance use treatment program. (8) A local substance abuse authority may contract with a third party to deliver the substance use treatment program approved under this section. Enacted by Chapter 113, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter72/17-72-P5.html?v=C17-72-P5_2025110620251206Fetched: 10/26/2026