78B-6-305 - Duty of sheriff -- Excuse for nonappearance -- Unnecessary restraint forbidden.
78B-6-305. Duty of sheriff -- Excuse for nonappearance -- Unnecessary restraintforbidden.
(1) Upon executing the warrant of attachment, the sheriff shall keep the person incustody and bring the person before the court or judge until an order is made in the premises,unless the person arrested posts bail as provided in Section 78B-6-306.
(2) Whenever by the provisions of this chapter an officer is required to keep in custody aperson arrested on a warrant of attachment and to bring the person before a court or judge, theinability from illness or otherwise of the person to attend is a sufficient excuse for not bringingthe person up; and the officer must not confine a person arrested upon the warrant in a prison orotherwise restrain the person of personal liberty, except so far as may be necessary to secure theperson's personal attendance.
Renumbered and Amended by Chapter 3, 2008 General Session