Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 136 (2025GS)

Sponsor

Rep. Owens, Doug

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• clarifies terms;
• provides that a county sheriff may implement a sheriff's work program in which inmates participate in supervised public works projects instead of serving time in jail;
• amends and establishes eligibility requirements for alternative incarceration programs and sheriff's work programs;
• provides that certain convictions are not eligible for participation in a sheriff's work program;
• clarifies provisions related to credit for good behavior against a jail sentence; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

9
17-22-5
76-3-403
Alternative Incarceration Program Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill amends provisions related to alternative incarceration programs.
Highlighted Provisions:
This bill:
clarifies terms;
provides that a county sheriff may implement a sheriff's work program in which inmates 
participate in supervised public works projects instead of serving time in jail;
amends and establishes eligibility requirements for alternative incarceration programs and 
sheriff's work programs;
provides that certain convictions are not eligible for participation in a sheriff's work 
program;
clarifies provisions related to credit for good behavior against a jail sentence; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-5
, as last amended by Laws of Utah 2024, Chapters 96, 187 and 341
76-3-403
, as last amended by Laws of Utah 1998, Chapter 91
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-22-5
 is amended to read:
17-22-5. Sheriff's classification of jail inmates -- Classification criteria -- 
Alternative incarceration programs -- Sheriff's work programs -- Limitations.
(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)
(6) and (7)
, the sheriff shall adopt 
and implement written policies for admission of inmates to the county jail and the 
classification of individuals incarcerated in the jail which shall provide for the 
separation of 
prisoners
inmates
 by gender and by such other factors as may 
reasonably provide for the safety and well-being of inmates 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)
Subject to the requirements of this 
section
, each county sheriff shall assign inmates 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)
Subject to the requirements of this section
, 
a county sheriff may develop and implement alternative incarceration programs that 
may involve housing an inmate in a jail facility.
(b)
An inmate 
housed under
participating in
 an alternative incarceration program 
under 
Subsection (4)(a) 
shall be considered to be in the 
full custody and control
official 
custody
 of the sheriff for purposes of Sections 
76-8-309
, 
76-8-309.1
,
 and 
76-8-309.3
.
(c)
An inmate may 
not 
be placed in an alternative incarceration program 
under 
Subsection (4)(a) unless
at the discretion of the county sheriff if
:
(i)
the jail facility is at maximum operating capacity, as established under Section 
17-22-5.5
; or
(ii)
ordered by the court.
(5)
(a)
In addition to an alternative incarceration program under Subsection 
(4)
, a county 
sheriff may implement a sheriff's work program that allows an inmate to participate 
in public works projects under the county sheriff's supervision and in lieu of 
incarceration in a jail facility.
(b)
If a county sheriff implements a sheriff's work program, the county sheriff shall 
establish policies and procedures related to a sheriff's work program, including:
(i)
notwithstanding Subsection 
(6)
, program eligibility criteria;
(ii)
reasonable participation fees;
(iii)
the type of work assignments;
(iv)
the timeline within which the work assignments must be completed;
(v)
participant dress code and code of conduct;
(vi)
work safety protocols;
(vii)
supervision of participants;
(viii)
disciplinary measures for program noncompliance; and
(ix)
criteria for successful completion or termination.
(c)
An inmate participating in a sheriff's work program shall be considered to be in the 
official custody of the sheriff for purposes of Sections 
76-8-309
, 
76-8-309.1
, and 
76-8-309.3
.
(d)
An inmate may be placed in a sheriff's work program at the discretion of the county 
sheriff if:
(i)
the inmate was convicted of a non-violent offense and sentenced to a jail term;
(ii)
the inmate voluntarily agrees to participate in the program;
(iii)
the inmate's participation in the program is not prohibited by a court order; and
(iv)
the inmate is not serving a sentence resulting from a second or subsequent 
conviction as defined by Subsection 
41-6a-501(2)
.
(e)
When assigning and scheduling work under a sheriff's work program, a county 
sheriff may consider:
(i)
an inmate's ability to perform the work assignment; and
(ii)
an inmate's existing employment, education, training, treatment, medical needs, 
family care obligations, and other similar obligations.
(f)
Eight hours of participation in a sheriff's work program shall constitute credit for one 
day of incarceration.
(5)
(6)
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 an inmate 
to a living area, including the reporting requirements in Subsections 
64-13-45(2)(d)
 and 
(e).
(6)
(7)
This section does not authorize a sheriff to modify provisions of a contract with the 
Department of Corrections to house in a county jail inmates sentenced to the Department 
of Corrections.
Section 2, Section 
76-3-403
 is amended to read:
76-3-403. Credit for good behavior against jail sentence for misdemeanors and 
certain felonies.
In any commitment for incarceration in a county jail or detention facility, other than the 
Utah State Prison, 
or for participation in an alternative incarceration program or sheriff's work 
program as described in Section 
17-22-5
, 
the custodial authority may in its discretion and upon 
good behavior of the inmate allow up to 10 days credit against the sentence to be served for 
every 30 days served or up to two days credit for every 10 days served when the period to be 
served is less than 30 days if:
(1)
the incarceration is for a misdemeanor offense, and the sentencing judge has not entered 
an order to the contrary; or
(2)
the incarceration is part of a probation agreement for a felony offense, and the 
sentencing district judge has not entered an order to the contrary.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-8-25 3:09 PM