Attorney Admission to Jail Facilities Amendments

9
17-72-411
0
Attorney Admission to Jail Facilities Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor:
LONG TITLE
General Description:
This bill addresses the admission of attorneys to county jail facilities.
Highlighted Provisions:
This bill:
requires a sheriff to allow an attorney to enter a county jail in order to meet with a
prisoner under certain circumstances;
provides requirements and procedures for a meeting between an attorney and a prisoner;
and
allows a sheriff to designate another person to act on behalf of the sheriff regarding the
process for a meeting between an attorney and a prisoner.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
17-72-411
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-411
is enacted to read:
17-72-411
. Attorney access to prisoners at a county jail.
(1)
Subject to Subsection
(2)
, a sheriff shall allow an attorney to enter a jail under the
sheriff's control for the purpose of meeting with a prisoner at the jail if the attorney:
(a)
is currently licensed in good standing by any state; and
(b)
informs the sheriff that the attorney wishes to meet with a prisoner who is at the jail.
(2)
An attorney may meet with a prisoner under Subsection
(1)
if the prisoner is:
(a)
the attorney's current or former client;
(b)
a prospective client and the meeting:
(i)
was requested by the prisoner, the prisoner's family, or by a person on behalf of
the prisoner; or
(ii)
relates to potential representation for a civil rights matter;
(c)
a potential witness to a criminal case that the attorney is prosecuting or defending; or
(d)
an individual who may have information pertinent to a criminal case that the attorney
is prosecuting or defending.
(3)
(a)
Subject to Subsection
(3)(b)
, a sheriff may designate another person at a jail under
the sheriff's control to act on behalf of the sheriff for purposes of this section.
(b)
If a sheriff makes a designation under Subsection
(3)(a)
, the sheriff shall provide the
name of the designee on:
(i)
the sheriff's public website;
(ii)
the jail's website;

and
(iii)
any other location that the sheriff determines would assist an attorney to locate
the information.
(c)
A sheriff or a sheriff's designee may provide an online form or other method for an
attorney to request:
(i)
a meeting under Subsection
(1)
; or
(ii)
a meeting outside of the regular hours described in Subsection
(4)(b)
.
(4)
A sheriff or a sheriff's designee:
(a)
shall provide a private and confidential space at the jail in which an attorney can
meet with a prisoner; and
(b)
may require a meeting described in Subsection
(1)
to occur between 8 a.m. and 5
p.m., Monday through Friday, excluding holidays, unless:
(i)
the attorney presents special circumstances demonstrating that a meeting outside
the days or times described in this Subsection
(4)(b)
is necessary:
(A)
to avoid a legal disadvantage or undue hardship to a prisoner or undue
hardship to the attorney; or
(B)
in an emergency; and
(ii)
the sheriff or the sheriff's designee determines that the special circumstances
presented under Subsection
(4)(b)(i)
are sufficient to warrant a meeting outside
the days or times described in this Subsection
(4)(b)
.
(5)
An attorney who meets with a prisoner under Subsection
(1)
and leaves discovery,
evidence, or other documents with the prisoner shall ensure that the attorney complies
with the requirements described in Subsection
17-72-301(3)(b)
.
(6)
Nothing in this section prevents an attorney from visiting a prisoner at a jail during
normal visitation hours.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-9-26 2:24 PM