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 between felony and misdemeanor 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").

If you prosecuted for a criminal offense in Utah, whether it is a felony or a misdemeanor charge, you face the possibility of substantial jail or prison time. Having an experienced criminal defense attorney on your side can help give you the best chance of success. Based in Salt Lake City, criminal lawyer Stephen Howard provides legal services to clients throughout Utah. He has the experience, knowledge, and determination to help you get the results you need. Contact us today to arrange for an initial consultation.

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. Under 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 arrangements.

Choosing a Utah Criminal Defense Attorney in Salt Lake City

Choosing the best criminal defense attorney to handle your case is a critical decision. If you are facing prosecution for a criminal offense in Utah, the consequences can be life-changing. Choosing an attorney is a decision to take seriously.

Based in Salt Lake City, criminal defense attorney Stephen Howard provides legal services to clients throughout Utah. He has spent his carreer defending the rights of individuals charged with criminal offenses, and has handled thousands of serious felony and misdemeanor cases. He has a track record of achieving real results for his clients.

Contact us today for an initial consultation.

RELATED CRIMINAL CODE SECTIONS

• Utah Code 76-3-203 - Indeterminate Prison Terms for Felony Convictions
• Utah Code 76-3-204 - Maximum Jail Time for Misdemeanors
• Utah Code 76-3-205 - Infraction Penalties
• More Utah Criminal Code Provisions