77-20-203. County sheriff authority to release an individual from jail on own recognizance.
(1) As used in this section: "Division" means the Division of Adult Probation and Parole created in Section. 64-14-202 "Qualifying domestic violence offense" means the same as that term is defined in Subsection. 77-36-1.1(4) "Qualifying domestic violence offense" does not include criminal mischief as described in Section. 76-6-106 "Qualifying offense" means the same as that term is defined in Section. 78B-7-801 "Violent felony" means the same as that term is defined in Section. 76-3-203.5
(2) Except as provided in Subsection, a county jail official may release an individual from a jail facility on the individual's own recognizance if: (3) the individual was arrested without a warrant; the individual was not: arrested for a violent offense as defined in Section; 76-3-201.10 arrested for a qualifying offense; arrested for the offense of driving under the influence or driving with a measurable controlled substance in the body if the offense results in death or serious bodily injury to an individual; arrested for an offense described in Subsection; 76-9-101(3)(b) arrested for possession of any composition or mixture, including pills, that contains 100 grams or more of fentanyl or a fentanyl-related substance; or previously booked into the same jail within the immediately preceding 12-month period; law enforcement has not submitted a probable cause statement to a court or magistrate; the individual agrees in writing to appear for any future criminal proceedings related to the arrest; and the individual qualifies for release under the written policy described in Subsectionfor the county. (4)
(3) A county jail official may not release an individual from a jail facility if the individual is subject to a 72-hour hold placed on the individual by the Department of Corrections as described in Section. 64-14-205
(4) A county sheriff shall create and approve a written policy for the county that governs the release of an individual on the individual's own recognizance. The written policy shall describe the criteria an individual shall meet to be released on the individual's own recognizance. A county sheriff may include in the written policy the criteria for release relating to: criminal history; prior instances of failing to appear for a mandatory court appearance; current employment; residency, including immigration status; ties to the community; an offense for which the individual was arrested; any potential criminal charges that have not yet been filed; the individual's health condition; any potential risks to a victim, a witness, or the public; and any other similar factor a sheriff determines is relevant.
(5) Except as provided in Subsection, a jail facility shall detain an individual for no fewer than eight hours and up to 24 hours from booking if the individual is on supervised probation or parole and that information is reasonably available. (5)(b)(ii) Notwithstanding Subsection, an individual may be released earlier than eight hours if: (5)(a)(i) the entity supervising the individual on probation or parole informs the jail that the supervising entity does not intend to place a hold on the individual; and a court or magistrate has ordered a release. Before any release, a jail facility shall: notify the entity supervising the individual's probation or parole that the individual is being detained and provide that entity an opportunity to place a hold on the individual; and only release the individual: to the division if the division supervises the individual and requests the individual's release; or if a court or magistrate orders release. This Subsectiondoes not prohibit a jail facility from holding the individual in accordance with this chapter for a new criminal offense. (5)
(6) This section does not prohibit a court and a county from entering into an agreement regarding release, except that any such agreement shall apply only to an individual who meets the criteria in an agreement as those criteria existed as of January 1, 2025.