02-18 11:36 H.B. 136
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Alternative Incarceration Program Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Brady Brammer
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LONG TITLE
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General Description:
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This bill amends provisions related to alternative incarceration programs.
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Highlighted Provisions:
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This bill:
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▸ clarifies terms;
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▸ provides that a county sheriff may implement a sheriff's work program in which inmates
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participate in supervised public works projects instead of serving time in jail;
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▸ amends and establishes eligibility requirements for alternative incarceration programs and
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sheriff's work programs;
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▸ provides that certain convictions are not eligible for participation in a sheriff's work
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program;
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▸ clarifies provisions related to credit for good behavior against a jail sentence; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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17-22-5, as last amended by Laws of Utah 2024, Chapters 96, 187 and 341
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76-3-403, as last amended by Laws of Utah 1998, Chapter 91
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17-22-5 is amended to read:
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17-22-5 . Sheriff's classification of jail inmates -- Classification criteria --
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Alternative incarceration programs -- Sheriff's work programs -- Limitations.
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(1) As used in this section, "living area" means the same as that term is defined in Section
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64-13-7.
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(2)(a) Except as provided in Subsections [(5) and (6)] (6) and (7), the sheriff shall adopt
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and implement written policies for admission of inmates to the county jail and the
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classification of individuals incarcerated in the jail which shall provide for the
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separation of [prisoners] inmates by gender and by such other factors as may
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reasonably provide for the safety and well-being of inmates and the community.
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(b) To the extent authorized by law, any written admission policies adopted and
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implemented under this Subsection (2) shall be applied equally to all entities using
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the county correctional facilities.
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(3) [Except as provided in Subsections (5) and (6)] Subject to the requirements of this
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section, each county sheriff shall assign inmates to a facility or section of a facility based
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on classification criteria that the sheriff develops and maintains.
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(4)(a) [Except as provided in Subsection (6)] Subject to the requirements of this section,
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a county sheriff may develop and implement alternative incarceration programs that
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may involve housing an inmate in a jail facility.
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(b) An inmate [housed under] participating in an alternative incarceration program [under
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Subsection (4)(a) ]shall be considered to be in the [full custody and control] official
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custody of the sheriff for purposes of Sections 76-8-309, 76-8-309.1, and 76-8-309.3.
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(c) An inmate may [not ]be placed in an alternative incarceration program [under
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Subsection (4)(a) unless] at the discretion of the county sheriff if:
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(i) the jail facility is at maximum operating capacity, as established under Section
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17-22-5.5; or
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(ii) ordered by the court.
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(5)(a) In addition to an alternative incarceration program under Subsection (4), a county
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sheriff may implement a sheriff's work program that allows an inmate to participate
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in public works projects under the county sheriff's supervision and in lieu of
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incarceration in a jail facility.
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(b) If a county sheriff implements a sheriff's work program, the county sheriff shall
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establish policies and procedures related to a sheriff's work program, including:
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(i) notwithstanding Subsection (6), program eligibility criteria;
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(ii) reasonable participation fees;
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(iii) the type of work assignments;
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(iv) the timeline within which the work assignments must be completed;
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(v) participant dress code and code of conduct;
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(vi) work safety protocols;
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(vii) supervision of participants;
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(viii) disciplinary measures for program noncompliance; and
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(ix) criteria for successful completion or termination.
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(c) An inmate participating in a sheriff's work program shall be considered to be in the
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official custody of the sheriff for purposes of Sections 76-8-309, 76-8-309.1, and
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76-8-309.3.
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(d) An inmate may be placed in a sheriff's work program at the discretion of the county
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sheriff if:
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(i) the inmate was convicted of a non-violent offense and sentenced to a jail term Ĥ→
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of no more than 30 days ←Ĥ ;
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(ii) the inmate voluntarily agrees to participate in the program;
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(iii) the inmate's participation in the program is not prohibited by a court order; and
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(iv) the inmate is not serving a sentence resulting from a second or subsequent
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conviction as defined by Subsection 41-6a-501(2).
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(e) When assigning and scheduling work under a sheriff's work program, a county
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sheriff may consider:
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(i) an inmate's ability to perform the work assignment; and
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(ii) an inmate's existing employment, education, training, treatment, medical needs,
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family care obligations, and other similar obligations.
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(f) Eight hours of participation in a sheriff's work program shall constitute credit for one
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day of incarceration.
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[(5)] (6) A jail facility shall comply with the same requirements as the Department of
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Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning an inmate
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to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and
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(e).
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[(6)] (7) This section does not authorize a sheriff to modify provisions of a contract with the
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Department of Corrections to house in a county jail inmates sentenced to the Department
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of Corrections.
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Section 2. Section 76-3-403 is amended to read:
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76-3-403 . Credit for good behavior against jail sentence for misdemeanors and
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certain felonies.
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In any commitment for incarceration in a county jail or detention facility, other than the
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Utah State Prison, or for participation in an alternative incarceration program or sheriff's work
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program as described in Section 17-22-5, the custodial authority may in its discretion and upon
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good behavior of the inmate allow up to 10 days credit against the sentence to be served for
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every 30 days served or up to two days credit for every 10 days served when the period to be
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served is less than 30 days if:
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(1) the incarceration is for a misdemeanor offense, and the sentencing judge has not entered
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an order to the contrary; or
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(2) the incarceration is part of a probation agreement for a felony offense, and the
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sentencing district judge has not entered an order to the contrary.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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