Utah Code 76-3-208 - Imprisonment
Custodial Authorities - Imprisonment for Criminal Convictions
When a person is incarcerated following a criminal conviction, Utah
Code 76-3-208 establishes the custodial authority for the commitment.
Under this section of the Utah Criminal Code, distinctions are made
charges, as well as between class A
misdemeanor and other misdemeanor charges.
Under Section 76-3-208, a person incarcerated for a felony conviction is
committed to the Utah State Prison. Other sections of the Utah Criminal
Code dictate that this commitment is under the authority of the
Department of Corrections, and the ultimate length of incarceration is
set by the Board of Pardons under Utah's indeterminate sentencing
system. (Note that the Utah Criminal Code makes an exception to this
rule when a judge imposes a jail term as a condition of probation in a
felony sentencing order.)
An incarceration order for a class A misdmemeanor will commit the
defendant to serve that sentence in the jurisdiction's county jail ("or
other facility designated by the town, city, or county where the
defendant was convicted"). An exception to this rule can be made when
the defendant is also serving (whether for the current case or for a
prior conviction) a commitment an the Utah State Prison. In such cases,
Utah Code 76-3-208 allows the sentencing judge to order the defendant
committed to the Utah State Prison for an indeterminate term not to
exceed one year at the Utah State Prison. The sentencing judge will
normally have discretion to impose this term of incarceration either
concurrently or consecutively with another prison term.
For all other misdemeanors (class B and class C), a jail commitment is
to be served at the county jail ("or other facility designated by the
town, city or county where the defendant was convicted").
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Are there exceptions to these rules?
Utah Code 76-3-208 does provide for certain exceptions to the general
rules governing where a prisoner will serve his or her sentence
this section, a custodial authority may place a prisoner in another
facility, other than the one to which the prisoner would otherwise be
committed, when "it does not have space to accomodate the prisoner" or
"the security of the institution or inmate requires it."
The Utah State Prison commonly deals with overcrowding by contracting
with county governments to house prison inmates in less-crowded county
jail facilities. In some cases, inmates have been housed in the prison
system of another state when security reasons have necessitated such
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