10-8-58 - Jails and workhouses -- Establishment and maintenance.
10-8-58. Jails and workhouses -- Establishment and maintenance.
The governing body of a city or town may:
(1) establish, erect, and maintain city jails, houses of correction, and workhouses for thetemporary confinement, not to exceed 72 hours, of persons convicted of violating any cityordinances;
(2) make rules for the government of them;
(3) appoint necessary jailers and keepers; and
(4) use the county correctional facilities, including the county jail, for the confinement orpunishment of offenders on the following conditions:
(a) a city or town may use the county correctional facilities without payment ofcompensation or reimbursement for incarceration costs or costs associated with booking ofoffenders in county correctional facilities;
(b) subject to any conditions that are imposed by law; and
(c) with the consent of the county legislative body which may include, without limitation,the allocation or rationing of correctional facility capacity and prohibition of booking for classesof offenses or offenders. These limitations shall be applied equally to all entities using thecounty correctional facilities.
(5) If consent is given for the use of the county correctional facilities, the sheriff, at thesheriff's discretion, may assign offenders to county correctional facilities or programs or transferoffenders between facilities or programs.
(6) Nothing contained in this section shall:
(a) preclude cities, towns, and counties from executing written agreements containingterms or conditions for the use of the county jail; or
(b) invalidate any agreements entered into prior to July 1, 2004.
Amended by Chapter 353, 2007 General Session