Alternative Incarceration Program Amendments

7
17-72-503
76-3-403
0
Alternative Incarceration Program Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions related to alternative incarceration programs and sheriff's work
programs.
Highlighted Provisions:
This bill:
provides that a county sheriff may implement a sheriff's work program for prisoners to
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;
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:
17-72-503
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
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
17-72-503
is amended to read:
17-72-503
. Sheriff's classification of prisoners -- 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:
(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)
Subject to the requirements of this
section
, 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)
Subject to the requirements of this section
,
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
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)
A prisoner may
not
be placed in an alternative incarceration program
under
Subsection
(4)(a)
unless
at the discretion of the county sheriff if
:
(i)
the county jail is at maximum operating capacity, as established under Section
17-72-402
; or
(ii)
ordered by the court.
(5)
(a)
In addition to an alternative incarceration program described in Subsection
(4)
, a
county sheriff may implement a sheriff's work program that allows a prisoner 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 the program, including:
(i)
notwithstanding Subsection
(6)
, program eligibility criteria;
(ii)
reasonable participation fees;
(iii)
work assignment types;
(iv)
a timeline within which 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)
A prisoner 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)
A prisoner may be placed in a sheriff's work program at the discretion of the county
sheriff if:
(i)
the prisoner was convicted of a non-violent offense and sentenced to a jail term of
no more than 30 days;
(ii)
the prisoner voluntarily agrees to participate in the program;
(iii)
the prisoner's participation in the program is not prohibited by a court order; and
(iv)
the prisoner is not serving a sentence resulting from a second or subsequent
conviction for offenses described in Subsection
41-6a-501(2)
.
(e)
When assigning and scheduling work under a sheriff's work program, a county
sheriff may consider:
(i)
a prisoner's ability to perform the work assignment; and
(ii)
a prisoner's existing employment, education, training, treatment, medical needs,
family care obligations, and other similar obligations.
(f)
A prisoner receives credit for one day of incarceration for eight hours of participation
in a sheriff's work program.
(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 a prisoner
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 state inmates in a county jail.
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
17-72-503
,
the custodial authority may in
its
the custodial
authority's
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 6, 2026
.
1-12-26 12:10 PM