Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 17. Table of Contents]
17-22-1 "Process," "notice," defined.
"Process" as used in this chapter includes all writs,
warrants, summonses and orders of the courts of justice or
judicial officers. "Notice" includes all papers and orders,
except process, required to be served in any proceeding before
any court, board, commission or officer, or when required
by law to be served independently of such proceedings.
1953
17-22-1.5 County sheriff qualifications.
(1) Each person filing a declaration of candidacy for the office of county sheriff shall:
(a) (i) have successfully met the standards and training requirements established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or
(ii) have passed a certification examination as provided in Section 53-6-206 ; and
(b) be qualified to be certified as a law enforcement officer, as defined in Section 53-13-103 .
(2) In addition to the general qualifications required of county officers by Title 17, Chapter 16, County Officers, each county sheriff shall:
(a) at the time of taking office:
(i) (A) have successfully met the standards and training requirements established for law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or
(B) have passed a certification examination as provided in Section 53-6-206 ; and
(ii) be qualified to be certified as a law enforcement officer, as defined in Section 53-13-103 ; and
(b) satisfactorily complete annual certified training as required in Section 53-13-103 ; and
(c) after certification as provided in Subsection (2)(a), remain certified as a law enforcement officer during the sheriff's term of office.
(3) The county legislative body shall declare the office
of sheriff to be vacant if at any time the incumbent sheriff
fails to meet the legal qualifications for office under Subsection
(2).
2003
17-22-2 Sheriff - General duties.
(1) The sheriff shall:
(a) preserve the peace;
(b) make all lawful arrests;
(c) attend in person or by deputy the Supreme Court and the Court of Appeals when required or when the court is held within his county, all courts of record, and court commissioner and referee sessions held within his county, obey their lawful orders and directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial Administration;
(d) upon request of the juvenile court, aid the court in maintaining order during hearings and transport a minor to and from youth corrections facilities, other institutions, or other designated places;
(e) attend county justice courts if the judge finds that the matter before the court requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his custody, or for the custody of jurors;
(f) command the aid of as many inhabitants of his county as he considers necessary in the execution of these duties;
(g) take charge of and keep the county jail and the jail prisoners;
(h) receive and safely keep all persons committed to his custody, file and preserve the commitments of those persons, and record the name, age, place of birth, and description of each person committed;
(i) release on the record all attachments of real property when the attachment he receives has been released or discharged;
(j) endorse on all process and notices the year, month, day, hour, and minute of reception, and, upon payment of fees, issue a certificate to the person delivering process or notice showing the names of the parties, title of paper, and the time of receipt;
(k) serve all process and notices as prescribed by law;
(l) if he makes service of process or notice, certify on the process or notices the manner, time, and place of service, or, if he fails to make service, certify the reason upon the process or notice, and return them without delay;
(m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public land within his county;
(n) perform as required by any contracts between the county and private contractors for management, maintenance, operation, and construction of county jails entered into under the authority of Section 17-53-311 ;
(o) manage search and rescue services in his county;
(p) obtain saliva DNA specimens as required under Section 53-10-404 ;
(q) on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender; and
(r) perform any other duties that are required by law.
(2) Violation of Subsection (1)(j) is a class C misdemeanor.
Violation of any other subsection under Subsection (1) is
a class A misdemeanor.
2002
17-22-2.5 Fees of sheriff.
(1) The sheriff shall receive the following fees:
(a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and complaint, or garnishee execution, or other process by which an action or proceeding is commenced, on each defendant, including copies when furnished by plaintiff, $15;
(b) for taking or approving a bond or undertaking in any case in which he is authorized to take or approve a bond or undertaking, including justification, $5;
(c) for a copy of any writ, process or other paper when demanded or required by law, for each folio, 50 cents;
(d) for serving an attachment on property, or levying an execution, or executing an order of arrest or an order for the delivery of personal property, including copies when furnished by plaintiff, $50;
(e) for taking and keeping possession of and preserving property under attachment or execution or other process, the amount the court orders to a maximum of $15 per day;
(f) for advertising property for sale on execution, or any judgment, or order of sale, exclusive of the cost of publication, $15;
(g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive of acknowledgment, $15, to be paid by the grantee;
(h) for recording each deed, conveyance, or other instrument affecting real estate, exclusive of the cost of recording, $10, to be paid by the grantee;
(i) for serving a writ of possession or restitution, and putting any person entitled to possession into possession of premises, and removing occupant, $50;
(j) for holding each trial of right of property, to include all services in the matter, except mileage, $35;
(k) for conducting, postponing, or canceling a sale of property, $15;
(l) for taking a prisoner in civil cases from prison before a court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100 miles, $1.50;
(m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100 miles, $1.50;
(n) for receiving and paying over money on execution or other process, as follows:
(i) if the amount collected does not exceed $1,000, 2% of this amount, with a minimum of $1; and
(ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the balance; and
(o) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
(2) The fees allowed by Subsection (1)(f) for the levy of execution and for advertising shall be collected from the judgment debtor as part of the execution in the same manner as the sum directed to be made.
(3) When serving an attachment on property, an order of arrest, or an order for the delivery of personal property, the sheriff may only collect traveling fees for the distance actually traveled beyond the distance required to serve the summons if the attachment or those orders:
(a) accompany the summons in the action; and
(b) may be executed at the time of the service of the summons.
(4) (a) (i) When traveling generally to serve notices, orders, process, or other papers, the sheriff may receive $1.50 for each mile necessarily traveled, in going only, computed from the courthouse for each person served, to a maximum of 100 miles.
(ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may receive $1.50 for each mile necessarily traveled, in going only, computed from the post office where received for each person served, to a maximum of 100 miles.
(b) The sheriff may only charge one mileage fee if any two or more papers are required to be served in the same action or proceeding at the same time and at the same address.
(c) If it is necessary to make more than one trip to serve any notice, order, process, or other paper, the sheriff may not collect more than two additional mileage charges.
(5) (a) For delivering an insane person to the Utah State Hospital, when the cost of delivery is payable by private individuals, the sheriff may collect $1.50 per mile for the distance from the county seat of his county to the Utah State Hospital, to a maximum of 100 miles.
(b) If the sheriff requires assistance to deliver the person to the Utah State Hospital, the sheriff may also charge the actual and necessary cost of that assistance.
(6) For obtaining a saliva DNA specimen under Section
53-10-404
, the sheriff shall collect the fee of $75 in
accordance with Section
53-10-404
.
2003
17-22-3 Transfer of prisoners to state prison.
The sheriff of the county in which a criminal is sentenced
to confinement in the state prison, or is sentenced to death,
shall cause such convict to be removed from the county jail
within five days after the sentence and conveyed to the state
prison and delivered to the warden thereof.
1953
17-22-4 Jails - Sheriff as keeper - Use.
(1) The common jails in the several counties shall be kept by the sheriffs, and shall be used for:
(a) the detention of persons committed to jail to secure their attendance as witnesses in criminal cases;
(b) the detention of persons charged with crime and committed for trial;
(c) the confinement of persons committed for contempt, or upon civil process, or by other authority of law; and
(d) the confinement of persons sentenced to imprisonment upon conviction of crime.
(2) If the county executive contracts with a private contractor
to manage, maintain, operate, or construct county jail facilities,
the sheriff shall perform whatever obligations are imposed
upon him by that contract.
1993
17-22-5 Sheriff's classification of jail inmates - Classification criteria - Alternative incarceration programs - Limitation.
(1) Except as provided in Subsection (4), the sheriff shall adopt and implement written policy for the classification of persons incarcerated in the jail which shall provide for the separation of prisoners by gender and by such other factors as may reasonably provide for the safety and well-being of inmates and the community.
(2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to a facility or section of a facility based on classification criteria that the sheriff develops and maintains.
(3) (a) Except as provided in Subsection (4), a county sheriff may develop and implement alternative incarceration programs that may or may not involve housing a prisoner in a jail facility.
(b) A prisoner housed under an alternative incarceration program under Subsection (3)(a) shall be considered to be in the full custody and control of the sheriff for purposes of Section 76-8-309 .
(c) A prisoner may not be placed in an alternative incarceration program under Subsection (3)(a) unless:
(i) the jail facility is at maximum operating capacity, as established under Subsection 17-22-5.5 (2); or
(ii) ordered by the court.
(4) This section may not be construed to authorize a sheriff
to modify provisions of a contract with the Department of
Corrections to house in a county jail persons sentenced to
the Department of Corrections.
2000
17-22-5.5 Sheriff's classification of jail facilities - Maximum operating capacity of jail facilities - Transfer or release of prisoners - Limitation.
(1) (a) Except as provided in Subsection (3), a county sheriff shall determine:
(i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail facility under the sheriff's control;
(ii) the nature of each program conducted at a jail facility under the sheriff's control; and
(iii) the internal operation of a jail facility under the sheriff's control.
(b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any applicable zoning ordinance or conditional use permit of the county or municipality.
(2) Except as provided in Subsection (3), each county sheriff shall:
(a) with the approval of the county legislative body, establish a maximum operating capacity for each jail facility under the sheriff's control, based on facility design and staffing; and
(b) upon a jail facility reaching its maximum operating capacity:
(i) transfer prisoners to another appropriate facility:
(A) under the sheriff's control; or
(B) available to the sheriff by contract; or
(ii) release prisoners:
(A) to a supervised release program, according to release criteria established by the sheriff; or
(B) to another alternative incarceration program developed by the sheriff.
(3) This section may not be construed to authorize a sheriff
to modify provisions of a contract with the Department of
Corrections to house in a county jail persons sentenced to
the Department of Corrections.
2000
17-22-6 Service of process on prisoners - Penalty.
A sheriff or jailer upon whom a paper in a judicial proceeding
directed to a prisoner in his custody is served must forthwith
deliver it to the prisoner, with a note thereon of the time
of its service. For neglect to do so he is liable to the
prisoner for all damages occasioned thereby.
1953
17-22-7 Special guards for jail.
The sheriff when necessary may with the assent of the
county executive employ a temporary guard for the protection
of the county jail, or for the safekeeping of prisoners,
and the expenses thereof shall be a county charge.
1993
17-22-8 Care of prisoners - Funding of services - Private contractor.
(1) Except as provided in Subsection (3), the sheriff shall:
(a) receive all persons committed to jail by competent authority; and
(b) provide them with necessary food, clothing, and bedding in the manner prescribed by the county legislative body.
(2) The expense incurred in providing these services to prisoners shall be paid from the county treasury, except as provided in Section 17-22-10 .
(3) 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 him by the
contract between the county and the private contractor.
1993
17-22-9 Federal prisoners.
Persons convicted of crime in any of the courts of the
United States in the state of Utah as well as prisoners held
to answer before such courts for a violation of any of the
laws of the United States shall be received and held in the
jail of any county under the same regulations and laws governing
prisoners held under the authority of this state, and upon
such terms as to compensation as may be agreed upon by the
county and the United States.
1953
17-22-10 Prisoners under civil process.
Whenever a person is committed upon process in a civil
action or proceeding, except when the state is a party thereto,
the sheriff is not bound to receive such person 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 him, or to detain such person
any longer than the expenses are provided for. 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.
1953
17-22-11 Return of process.
When process or notice is returnable he may enclose such
process or notice in an envelope addressed to the officer
or person from whom the same emanated, and deposit it in
the post office, prepaying the postage.
1953
17-22-12 Return of process as prima facie evidence.
The return of the sheriff upon process or notice is prima
facie evidence of the facts in such return stated.
1953
17-22-13 Failure or delay in making return on process - Penalty.
If a sheriff does not return without delay a process or
notice in his possession with the necessary endorsement thereon,
he is liable to the party aggrieved for all damages sustained
by him.
1953
17-22-14 Failure to levy execution - Penalty.
If the sheriff to whom a writ of execution is delivered
neglects or refuses, after being required by the creditor
or his attorney, the fees having first been paid or tendered,
to levy upon or sell any property of the party charged in
the writ which is liable to be levied upon and sold, he shall
be liable to the creditor for the value of such property.
1953
17-22-15 Neglect or refusal to pay over money - Penalty.
If he neglects or refuses to pay over on demand to the
person entitled thereto any money which may come into his
hands by virtue of his office, after deducting all legal
fees, the amount thereof with twenty-five per cent damages
and interest at the rate of one per cent per month from the
time of demand may be recovered by such person; provided,
that such sheriff may pay such money into the court or to
the clerk thereof issuing the writ or process upon which
such money is collected or received and from the time of
such payment the sheriff shall be relieved of all liability
therefor, unless the detention is shown to have been wrongful.
1953
17-22-16 Declaring office vacant.
When the sheriff is committed for not paying over money
received by him by virtue of his office and remains committed
for sixty days his office is vacant.
1953
17-22-17 Escapes - Sheriff's liability.
A sheriff who suffers the escape of a person arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made, is liable as follows:
(1) When the arrest is upon an order to hold to bail or upon a surrender in exoneration of bail before judgment he is liable to the plaintiff as bail.
(2) When the arrest is on an execution or commitment to enforce the payment of money he is liable for the amount expressed in the execution or commitment.
(3) When the arrest is on an execution or commitment other than to enforce the payment of money he is liable for the actual damages sustained.
(4) Upon being sued for damages for an escape or rescue
he may introduce evidence in mitigation and exculpation.
1953
17-22-18 Rescues - Sheriff's liability.
He is liable for the rescue of a person arrested in a
civil action equally as for an escape.
1953
17-22-19 Action for escape or rescue - Defenses.
An action cannot be maintained against the sheriff for
a rescue or for an escape of a person arrested upon an execution
or commitment, if after his 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.
1953
17-22-20 Only written directions to sheriff binding.
No direction or authority by a party or his attorney to
the sheriff in respect to the execution of process or the
return thereof or to any act or omission relating thereto
is available to discharge or excuse the sheriff from liability
for neglect or misconduct, unless it is contained in a writing,
signed by the attorney of the party or by the party, if he
has no attorney.
1953
17-22-21 Process justifies sheriff's action.
A sheriff is justified in the execution of, and must execute,
all process, writs and orders regular on their face and issued
by competent authority.
1953
17-22-22 Process to be exhibited.
The officer executing process must then, and at all times
subsequent as long as he retains it, upon request show the
same with all papers attached to any person interested therein.
1953
17-22-23 Crier of court.
The sheriff in attendance upon court must, if required
by the court, act as crier thereof, call the parties and
witnesses and other persons bound to appear at the court,
and make proclamation of the opening and adjournment of court
and of any other matter under its direction.
1953
17-22-24 Service of papers, other than process, on sheriff - Powers of successor.
Service upon the sheriff of a paper other than process
may be made by delivering it or a copy thereof to him or
to one of his deputies or to a person in charge of his office
during office hours, or, if no such person is there, by leaving
it in a conspicuous place in the office. When any process
remains with the sheriff unexecuted, in whole or in part,
at the time of his death, resignation of office or at the
expiration of his office such process shall be executed by
his successor in office; and when the sheriff sells real
estate under and by virtue of an execution or order of court
he or his successor in office shall execute and deliver to
the purchaser all such deeds and conveyances as are required
by law and necessary for that purpose, and such deeds and
conveyances shall be as valid in law as if they had been
executed by the sheriff who made the sale.
1953
17-22-25 Service of process on sheriff - When constable to act.
In cases where it appears in any court of record that
the sheriff is a party, or where an affidavit is filed with
the clerk of the court stating partiality, prejudice, consanguinity
or interest on the part of the sheriff, the clerk of the
court shall direct process to any constable of the county,
whose duty it shall be to execute it in the same manner as
if he were sheriff.
1953
17-22-26 Sheriff - Process on behalf of state - Fees.
(1) The sheriff shall without fee serve and return all process in criminal cases to which the state is a party, that are lawfully issued by any court of the state, except as otherwise provided by law.
(2) If the process issues from a court outside of his
county, he is entitled to his actual expenses necessarily
incurred. The expenses shall be paid by the county where
the process was issued.
1988
17-22-27 Sheriff - Assignment of court bailiffs - Contract and costs.
(1) The sheriff shall assign law enforcement officers or special function officers, as defined under Sections 53-13-103 and 53-13-105 , to serve as court bailiffs and security officers in the courts of record and county justice courts as required by the rules of the Judicial Council.
(2) (a) The state court administrator shall enter into a contract with the county sheriff for bailiffs and building security officers for the district courts within the county. The contract shall not exceed amounts appropriated by the Legislature for that purpose. The county shall assume costs related to security administration, supervision, travel, equipment, and training of bailiffs.
(b) The contract shall specify the agreed services, costs of services, and terms of payment.
(c) If the court is located in the same facility as a state or local law enforcement agency and the county sheriff's office is not in close proximity to the court, the State Court Administrator in consultation with the sheriff may enter into a contract with the state or local law enforcement agency for bailiff and security services subject to meeting all other requirements of this section. If the services are provided by another agency, the county sheriff shall have no responsibility for the services under this section.
(3) (a) At the request of the court, the sheriff may appoint as a law clerk bailiff graduates of a law school accredited by the American Bar Association to provide security and legal research assistance. Any law clerk who is also a bailiff shall meet the requirements of Subsection (1) of this section.
(b) The sheriff may appoint a law clerk bailiff by contract
for a period not to exceed two years, who shall be exempt
from the deputy sheriff merit service commission.
1998
17-22-28 Maintaining order - Imposing restitution.
(1) If a prisoner commits an act of violence against another person, attempts to damage jail property, attempts to escape, or refuses to obey a lawful order and reasonable command, an officer or other employee of the jail may use all reasonable means under the circumstances, including the use of a weapon, to defend himself, defend another, protect jail property, prevent escape, or enforce compliance with a lawful order and reasonable command.
(2) A jail may request restitution from a prisoner for
damaging jail property as part of an administrative disciplinary
hearing. To enforce restitution, a jail may withdraw money
from or place a hold on a prisoner's account.
1996
17-22-29 Notice to county jail facilities.
(1) Before an order is entered granting visitation or correspondence between a person and a prisoner, the moving party shall provide notice to the facility administrator.
(2) The court shall:
(a) provide an opportunity to the facility representative to respond before the order is granted; and
(b) consider facility policy.
1996
