- (1) In a county that offers probation services, the county sheriff shall adopt probation standards and practices that are established by the Utah Sheriffs' Association.
(2) A county sheriff shall ensure that the court is notified of violations of the terms and conditions of a probationer's probation when the county sheriff determines that:
- (a) incarceration is recommended as a sanction;
- (b) a graduated and evidence-based response is not an appropriate response to the offender's violation and recommends revocation of probation; or
(c) there is probable cause that the conduct that led to a violation of probation is:
- (i) a violent felony; or
- (ii) a qualifying domestic violence offense.
- (3) A county sheriff may take custody of, and detain, a probationer for a maximum of 72 hours, excluding weekends and holidays, if there is probable cause to believe that the probationer has committed a violation of probation.
- (4) A county sheriff may not detain a probationer or parolee for longer than 72 hours without obtaining a warrant issued by the court.
- (5) If the county sheriff detains a probationer under Subsection (3), the county sheriff shall ensure the proper court is notified.
- (6) A written order from the county sheriff is sufficient authorization for a peace officer to incarcerate a probationer if the county sheriff has determined that there is probable cause to believe that the probationer has violated the conditions of probation.
- (7) If a probationer commits a violation outside of the jurisdiction of the county sheriff supervising the probationer, the arresting law enforcement agency is not required to hold or transport the probationer to the county sheriff.
- (8) This section does not require the county sheriff to release a probationer who is being held for something other than a probation violation, including a warrant issued for new criminal conduct or a new conviction where the individual is sentenced to incarceration.
Renumbered and Amended by Chapter 13, 2025 Special Session 1