reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 12.5 - Redacting personal information.

Effective 5/3/2023
17-21-12.5.
Redacting personal information.
(1) As used in this section, "personal information" means:
(a) a signature;
(b) the first five digits of a social security number; or
(c) the month and day of the month of a birth date.
(2)
(a) An individual may request, in accordance with Subsection (3), to have the county recorder create a redacted version of a previously recorded instrument.
(b) The redacted version of a previously recorded instrument will, in accordance with this section, reflect redactions of the individual's personal information.
(3) A request under Subsection (2)(a) shall:
(a) be in writing;
(b) include payment of the fee under Subsection (6); and
(c) identify the location of the personal information in the county recorder's records by:
(i) entry number and page number; or
(ii) book and page number.
(4) If an individual makes a request in accordance with Subsection (3), the county recorder shall:
(a) create a copy of the originally recorded instrument of record for the purpose of creating a redacted version of the originally recorded instrument;
(b) on the copy of the originally recorded instrument created under Subsection (4)(a):
(i) redact the personal information, ensuring that the originally recorded instrument is not altered or changed;
(ii) indicate:
(A) the date and time that the redaction occurred; and
(B) that the originally recorded instrument remains on file with the county recorder's office; and
(c) make the redacted copy of the originally recorded instrument accessible and available for inspection.
(5) The county recorder shall produce or provide access to the originally recorded instrument of record if:
(a) the individual requesting a copy of the originally recorded instrument is:
(i) the individual whose personal information was redacted on the copy of the originally recorded instrument;
(ii) if the instrument is a trust deed, a beneficiary of the trust deed;
(iii) acting on behalf of a title company that has a valid business license issued by the state or a political subdivision of the state; or
(iv) an attorney that has a valid license from the Utah State Bar;
(b) the county recorder is responding to a valid subpoena;
(c) the county recorder is responding to a valid request under Title 63G, Chapter 2, Government Records Access and Management Act; or
(d) a court of competent jurisdiction orders the county recorder to produce the originally recorded instrument.
(6) The county recorder may charge a fee, in accordance with Section 17-21-18.5, for costs related to redacting personal information.
Enacted by Chapter 165, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 14 - Military records -- Evidence.

17-21-14.
Military records -- Evidence.
(1) Upon presentation, the county recorder shall:
(a) record, free of charge, discharges from the military, naval, or marine service of the United States, and any and all orders, citations, and decorations of honor relating to a person while the person was in the military, naval, or marine service of the United States; and
(b) furnish, free of charge, certified copies of any of those records to the person to whom they relate and to the father, mother, brothers, sisters, or any lineal descendant of that person.
(2) Those certified copies may be read in evidence with the same effect as the original in any action or proceeding before any court, commission, or other tribunal in this state.
Amended by Chapter 85, 1999 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 17 - Prohibited acts.

Effective 5/3/2023
17-21-17.
Prohibited acts.
(1)
(a) Upon acceptance of an instrument entitled to be recorded, the recorder may not:
(i) record the instrument in any manner other than the manner required by this chapter; or
(ii) alter, change, obliterate, or insert any new matter in any instrument of record.
(b) In accordance with Section 17-21-12.5, a county recorder may redact personal information from a copy of an originally recorded instrument.
(2) A recorder does not violate this section by:
(a) denying access to:
(i) an instrument of record that has been classified as private under Section 63G-2-302;
(ii) a portion of an instrument of record that has been classified as private under Section 63G-2-302; or
(iii) subject to Section 17-21-12.5, an originally recorded instrument of record for which a redacted copy exists and is accessible under Section 17-21-12.5; or
(b) placing an endorsement, reference, or other note on a document in the course of the recorder's work.
Amended by Chapter 165, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 18 - Fees must be paid in advance.

Effective 5/8/2018
17-21-18.
Fees must be paid in advance.
The recorder may not record any instrument, furnish any copies, or provide any service connected with the office, until the fees prescribed by law have been paid or have been authorized to be paid electronically.
Amended by Chapter 191, 2018 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 18.5 - Fees of county recorder -- Electronic recording of instruments.

Effective 5/3/2023
17-21-18.5.
Fees of county recorder -- Electronic recording of instruments.
(1) The county recorder shall receive the following fees:
(a) for recording any instrument, not otherwise provided for, other than bonds of public officers, $40;
(b) for recording any instrument, including those provided for under Title 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided for, $40, and if an instrument contains more than 10 descriptions, $2 for each additional description;
(c) for recording mining location notices and affidavits of labor affecting mining claims, $40;
(d) for an affidavit or proof of labor which contains more than 10 mining claims, $2 for each additional mining claim; and
(e) for redacting personal information pursuant to Section 17-21-12.5, $5.
(2)
(a) Each county recorder shall record the mining rules of the several mining districts in each county without fee.
(b) Certified copies of these records shall be received in all tribunals and before all officers of this state as prima facie evidence of the rules.
(3) The county recorder shall receive the following fees:
(a) for copies of any record or document, a reasonable fee as determined by the county legislative body;
(b) for each certificate under seal, $5;
(c) for recording any plat, $50 for each sheet and $2 for each lot or unit designation;
(d) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for each additional name;
(e) for recording any license issued by the Division of Professional Licensing, $40; and
(f) for recording a federal tax lien, $40, and for the discharge of the lien, $40.
(4) A county recorder may not charge more than one recording fee for each instrument, regardless of whether the instrument bears multiple descriptive titles or includes one or more attachments as part of the instrument.
(5)
(a) Beginning on or before January 1, 2022, each county shall accept and provide for the electronic recording of instruments.
(b) Beginning on or before January 1, 2023, each county shall:
(i) provide for the electronic recording of a plat; and
(ii) accept an electronic document for the recording of a plat.
(6) The county may determine and collect a fee for all services not enumerated in this section.
(7) A county recorder may not be required to collect a fee for services that are unrelated to the county recorder's office.
Amended by Chapter 165, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 19 - Records open to inspection -- Copies.

Effective 5/3/2023
17-21-19.
Records open to inspection -- Copies.
(1) All instruments of record and all indexes required by this chapter are open to public inspection during office hours, except:
(a) those instruments classified as private under Section 63G-2-302; and
(b) those instruments with respect to which a redaction of personal information has occurred under Section 17-21-12.5, if the redacted copy of the instrument is open to public inspection during office hours.
(2) Upon payment of the applicable fee, a person may obtain copies of a public record.
Amended by Chapter 165, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 21 - Ownership plats -- Use of geographic information systems or computer systems.

17-21-21.
Ownership plats -- Use of geographic information systems or computer systems.
(1) The county recorder shall prepare and keep ownership plats drawn to a convenient scale, which show the record owners of each tract of land in the county, together with the dimensions of the tract.
(2) The county recorder may not be required to:
(a) show ownership of timeshare units or timeshare estates on ownership plats; or
(b) show lot or unit ownership on subdivisions or condominium plats or other ownership plats if that information is available through computer systems or other indexes.
(3) Nothing in this chapter precludes the use of geographic information systems or computer systems by the recorder if the systems include all of the information required by this section.
Amended by Chapter 241, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 22 - Annual revision -- Reporting changes in ownership to county assessors -- Use of geographic information systems or computer systems.

17-21-22.
Annual revision -- Reporting changes in ownership to county assessors -- Use of geographic information systems or computer systems.
(1) The county recorder shall:
(a) each year, prepare copies of ownership plats and descriptions, showing record owners at noon on January 1;
(b) on or before January 30 of each year, transmit the copies to the county assessor;
(c) report all changes in recorded ownership of real property made during the first seven months of each calendar year to the county assessor not later than August 15 of that year;
(d) for the remainder of the calendar year, report the changes in the ownership of real property that are recorded in the county recorder's office each month on or before the 15th day of the month following the month in which the changes were recorded;
(e) transmit the changes of ownership on appropriate forms that show the current owner's name and a full legal description of the property conveyed; and
(f) where only a part of the grantor's property is conveyed, transmit an additional form showing a full legal description of the portion retained.
(2) Nothing in this chapter precludes the use of geographic information systems or computer systems by the recorder if the systems include all of the information required by this section.
Amended by Chapter 291, 2002 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21 - Recorder › Section 25 - Names of persons signing to be typed or printed on instruments presented for recording.

17-21-25.
Names of persons signing to be typed or printed on instruments presented for recording.
(1)
(a) Each instrument presented to the county recorder for recording shall have typed or printed on it the name of each person whose signature appears on the instrument whose name is required to be indexed.
(b) The person's typed or printed name shall appear just beneath that person's signature.
(2) The requirements of Subsection (1) do not affect the legality of the instrument to be recorded.
Amended by Chapter 38, 2006 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21a - Uniform Real Property Electronic Recording Act › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2015
17-21a-101.
Title.
(1) This chapter is known as the "Uniform Real Property Electronic Recording Act."
(2) This part is known as "General Provisions."
Enacted by Chapter 89, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21a - Uniform Real Property Electronic Recording Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2015
17-21a-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Utah Electronic Recording Commission established in Section 17-21a-302.
(2) "Document" means information that is:
(a) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) eligible to be recorded in the land records maintained by the county recorder.
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4) "Electronic document" means a document that is received by the county recorder in an electronic form.
(5) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Enacted by Chapter 89, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21a - Uniform Real Property Electronic Recording Act › Part 2 - Electronic Documents › Section 202 - Validity of electronic documents.

Effective 7/1/2015
17-21a-202.
Validity of electronic documents.
(1) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter.
(2) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(3)
(a) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.
(b) A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Enacted by Chapter 89, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21a - Uniform Real Property Electronic Recording Act › Part 2 - Electronic Documents › Section 203 - Recording of documents.

Effective 7/1/2015
17-21a-203.
Recording of documents.
(1) As used in this section, "paper document" means a document that is received by the county recorder in a form that is not electronic.
(2) A county recorder:
(a) who implements any of the functions listed in this section shall do so in compliance with standards established by the Utah Electronic Recording Commission created in Section 17-21a-301;
(b) may receive, index, store, archive, and transmit electronic documents;
(c) may provide for access to, and for search and retrieval of, documents and information by electronic means;
(d) who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(e) may convert paper documents accepted for recording into electronic form;
(f) may convert into electronic form information recorded before the county recorder began to record electronic documents;
(g) may accept electronically any fee that the county recorder is authorized to collect; and
(h) may agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
Enacted by Chapter 89, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21a - Uniform Real Property Electronic Recording Act › Part 4 - Relationship to Other Laws › Section 402 - Uniformity of application and construction.

Effective 7/1/2015
17-21a-402.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Enacted by Chapter 89, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 21a - Uniform Real Property Electronic Recording Act › Part 4 - Relationship to Other Laws › Section 403 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 7/1/2015
17-21a-403.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
Enacted by Chapter 89, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 1 - "Process," "notice," defined.

17-22-1.
"Process," "notice," defined.
"Process" as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. "Notice" includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 1.5 - County sheriff qualifications.

17-22-1.5.
County sheriff qualifications.
(1) Each person filing a declaration of candidacy for the office of county sheriff shall submit to the county clerk, at the time of filing a declaration of candidacy, a certificate issued by the Peace Officer Standards and Training Division created under Section 53-6-103 stating that the candidate has:
(a)
(i) successfully met the standards and training requirements established for peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or
(ii) met the waiver requirements in Section 53-6-206; and
(b) met the qualifications to be certified as a law enforcement officer, as defined in Section 53-13-103.
(2) In addition to the general qualifications required of county officers by Title 17, Chapter 16, County Officers, each county sheriff shall:
(a) at the time of taking office:
(i)
(A) have successfully met the standards and training requirements established for peace officers under Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act; or
(B) have met the waiver requirements in Section 53-6-206; and
(ii) be qualified to be certified as:
(A) a law enforcement officer, as defined in Section 53-13-103; and
(B) if the person is elected to the office of county sheriff in any election held after the 2008 general election:
(I) a correctional officer, as defined in Section 53-13-104; or
(II) a correctional facility manager by having successfully completed a correctional facility management course that is offered by a certified academy in both an online web-based format and in a classroom format and that is approved by the Peace Officer Standards and Training Council created in Section 53-6-106;
(b) satisfactorily complete annual certified training as required in Section 53-13-103; and
(c) after certification as provided in Subsection (2)(a), remain certified during the sheriff's term of office as:
(i) a law enforcement officer; and
(ii) if the person is elected to the office of county sheriff in any election held after the 2008 general election:
(A) a correctional officer; or
(B) a correctional facility manager by having completed a correctional facility management course approved by the Peace Officer Standards and Training Council.
(3) If a sheriff resigns, retires, dies, or otherwise does not complete the term of office, the person appointed to serve for the remainder of the term shall within 60 days after the date of appointment complete the training and exam required under Subsection (2)(a)(ii)(B).
(4) The county legislative body shall declare the office of sheriff to be vacant if at any time the incumbent sheriff fails to meet the qualifications for office under Subsection (2).
Amended by Chapter 58, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 3 - Transfer of prisoners to state prison.

17-22-3.
Transfer of prisoners to state prison.
The sheriff of the county in which a criminal is sentenced to confinement in the state prison, or is sentenced to death, shall cause such convict to be removed from the county jail within five days after the sentence and conveyed to the state prison and delivered to the warden thereof.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 4 - Jails -- Sheriff as keeper -- Use.

17-22-4.
Jails -- Sheriff as keeper -- Use.
(1) The common jails in the several counties shall be kept by the sheriffs, and shall be used for:
(a) the detention of persons committed to jail to secure their attendance as witnesses in criminal cases;
(b) the detention of persons charged with crime and committed for trial;
(c) the confinement of persons committed for contempt, or upon civil process, or by other authority of law; and
(d) the confinement of persons sentenced to imprisonment upon conviction of crime.
(2) If the county executive contracts with a private contractor to manage, maintain, operate, or construct county jail facilities, the sheriff shall perform whatever obligations are imposed upon him by that contract.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 5 - Sheriff's classification of jail inmates -- Classification criteria -- Alternative incarceration programs -- Limitation.

17-22-5.
Sheriff's classification of jail inmates -- Classification criteria -- Alternative incarceration programs -- Limitation.
(1) Except as provided in Subsection (4), the sheriff shall adopt and implement written policies for admission of prisoners to the county jail and the classification of persons incarcerated in the jail which shall provide for the separation of prisoners by gender and by such other factors as may reasonably provide for the safety and well-being of inmates and the community. To the extent authorized by law, any written admission policies shall be applied equally to all entities using the county correctional facilities.
(2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to a facility or section of a facility based on classification criteria that the sheriff develops and maintains.
(3)
(a) Except as provided in Subsection (4), a county sheriff may develop and implement alternative incarceration programs that may or may not involve housing a prisoner in a jail facility.
(b) A prisoner housed under an alternative incarceration program under Subsection (3)(a) shall be considered to be in the full custody and control of the sheriff for purposes of Section 76-8-309.
(c) A prisoner may not be placed in an alternative incarceration program under Subsection (3)(a) unless:
(i) the jail facility is at maximum operating capacity, as established under Subsection 17-22-5.5(2); or
(ii) ordered by the court.
(4) This section may not be construed to authorize a sheriff to modify provisions of a contract with the Department of Corrections to house in a county jail persons sentenced to the Department of Corrections.
Amended by Chapter 301, 2004 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 6 - Service of process on prisoners -- Penalty.

17-22-6.
Service of process on prisoners -- Penalty.
(1) A sheriff or jailer upon whom a paper in a judicial proceeding directed to a prisoner in the sheriff's or jailer's custody is served shall forthwith deliver the paper to the prisoner, with a note thereon of the time of its service.
(2) A sheriff or jailer who neglects to comply with Subsection (1) is liable to the prisoner for all damages occasioned by that neglect.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 7 - Special guards for jail.

17-22-7.
Special guards for jail.
The sheriff when necessary may with the assent of the county executive employ a temporary guard for the protection of the county jail, or for the safekeeping of prisoners, and the expenses thereof shall be a county charge.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 8 - Care of prisoners -- Funding of services -- Private contractor.

Effective 5/3/2023
17-22-8.
Care of prisoners -- Funding of services -- Private contractor.
(1) As used in this section, "medication assisted treatment plan" means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder.
(2) Except as provided in Subsection (7), a sheriff shall:
(a) receive each individual committed to jail by competent authority;
(b) provide each prisoner with necessary food, clothing, and bedding in the manner prescribed by the county legislative body;
(c) provide each prisoner medical care when:
(i) the prisoner's symptoms evidence a serious disease or injury;
(ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
(iii) the potential for harm to the person by reason of delay or the denial of medical care would be substantial;
(d) provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception:
(i) an oral contraceptive;
(ii) an injectable contraceptive;
(iii) a patch;
(iv) a vaginal ring; or
(v) an intrauterine device, if the prisoner was prescribed the intrauterine device because the prisoner experiences serious and persistent adverse effects when using the methods of contraception described in Subsections (2)(d)(i) and (ii); and
(e) cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment.
(3) A sheriff may provide the generic form of a contraceptive described in Subsection (2)(d)(i) or (ii).
(4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in postpartum recovery, including the reporting requirements in Subsection 64-13-45(2)(c).
(5)
(a) Except as provided in Section 17-22-10 and Subsection (5)(b), the expense incurred in providing the services required by this section to prisoners shall be paid from the county treasury.
(b) The expense incurred in providing the services described in Subsection (2)(d) to prisoners shall be paid by the Department of Health and Human Services.
(6) A medication used for a medication assisted treatment plan under Subsection (2)(e):
(a) shall be administered to an inmate in accordance with the inmate's prescription under the direction of the sheriff;
(b) may be paid for by a county; and
(c) may be left or stored at a jail at the discretion of the sheriff.
(7) If the county executive contracts with a private contractor to provide the services required by this section, the sheriff shall provide only those services required of the sheriff by the contract between the county and the private contractor.
Amended by Chapter 119, 2023 General Session
Amended by Chapter 420, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 8.1 - Disclosure of detainee medical clearance.

Effective 5/13/2014
17-22-8.1.
Disclosure of detainee medical clearance.
(1) A health care provider, as defined in Section 78B-3-403, who provides health care to a detainee before the detainee is booked into a county jail by a competent authority, is authorized to disclose to the competent authority whether a detainee is medically cleared for incarceration.
(2) The disclosure under Subsection (1) shall be in writing if requested by the competent authority.
Enacted by Chapter 272, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 9 - Federal prisoners.

17-22-9.
Federal prisoners.
Persons convicted of crime in any of the courts of the United States in the state of Utah as well as prisoners held to answer before such courts for a violation of any of the laws of the United States shall be received and held in the jail of any county under the same regulations and laws governing prisoners held under the authority of this state, and upon such terms as to compensation as may be agreed upon by the county and the United States.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 9.5 - Citizenship determination of incarcerated persons.

17-22-9.5.
Citizenship determination of incarcerated persons.
(1) The sheriff shall make a reasonable effort to determine the citizenship status of a person charged with a felony or driving under the influence under Section 41-6a-502 when the person is confined to the county jail for a period of time.
(2) If the confined person is a foreign national, the sheriff shall make a reasonable effort to verify that the person:
(a) has been lawfully admitted into the United States; and
(b) the person's lawful status has not expired.
(3)
(a) If the sheriff cannot verify the confined person's lawful status from documents in the person's possession, the sheriff shall attempt to verify that status within 48 hours of the person's confinement at the jail through contacting:
(i) the Law Enforcement Support Center of the United States Department of Homeland Security; or
(ii) an office or agency designated for citizenship status verification by the United States Department of Homeland Security.
(b) The sheriff shall notify the United States Department of Homeland Security of a person whose lawful citizenship status cannot be verified under Subsection (2) or (3)(a).
(4) It is a rebuttable presumption for the purpose of determining the grant or issuance of a bond that a person who is verified under this section as a foreign national not lawfully admitted into the United States is at risk of flight.
Enacted by Chapter 26, 2008 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 10 - Prisoners under civil process.

17-22-10.
Prisoners under civil process.
Whenever a person is committed upon process in a civil action or proceeding, except when the state is a party thereto, the sheriff is not bound to receive such person unless security is given on the part of the party at whose instance the process is issued, by deposit of money, to meet the expenses of necessary food, clothing and bedding for him, or to detain such person any longer than the expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs or orders of court.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 13 - Failure or delay in making return on process -- Penalty.

17-22-13.
Failure or delay in making return on process -- Penalty.
If a sheriff does not return without delay a process or notice in his possession with the necessary endorsement thereon, he is liable to the party aggrieved for all damages sustained by him.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 14 - Failure to levy execution -- Penalty.

17-22-14.
Failure to levy execution -- Penalty.
If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, the fees having first been paid or tendered, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he shall be liable to the creditor for the value of such property.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 15 - Neglect or refusal to pay over money -- Penalty.

17-22-15.
Neglect or refusal to pay over money -- Penalty.
If he neglects or refuses to pay over on demand to the person entitled thereto any money which may come into his hands by virtue of his office, after deducting all legal fees, the amount thereof with 25% damages and interest at the rate of 1% per month from the time of demand may be recovered by such person; provided, that such sheriff may pay such money into the court or to the clerk thereof issuing the writ or process upon which such money is collected or received and from the time of such payment the sheriff shall be relieved of all liability therefor, unless the detention is shown to have been wrongful.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 17 - Escapes -- Sheriff's liability.

17-22-17.
Escapes -- Sheriff's liability.
A sheriff who suffers the escape of a person arrested in a civil action, without the consent or connivance of the party in whose behalf the arrest or imprisonment is made, is liable as follows:
(1) When the arrest is upon an order to hold to bail or upon a surrender in exoneration of bail before judgment he is liable to the plaintiff as bail.
(2) When the arrest is on an execution or commitment to enforce the payment of money he is liable for the amount expressed in the execution or commitment.
(3) When the arrest is on an execution or commitment other than to enforce the payment of money he is liable for the actual damages sustained.
(4) Upon being sued for damages for an escape or rescue he may introduce evidence in mitigation and exculpation.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 19 - Action for escape or rescue -- Defenses.

17-22-19.
Action for escape or rescue -- Defenses.
An action cannot be maintained against the sheriff for a rescue or for an escape of a person arrested upon an execution or commitment, if after his rescue or escape and before the commencement of the action the prisoner returns to the jail or is retaken by the sheriff or by any other person.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 20 - Only written directions to sheriff binding.

17-22-20.
Only written directions to sheriff binding.
No direction or authority by a party or his attorney to the sheriff in respect to the execution of process or the return thereof or to any act or omission relating thereto is available to discharge or excuse the sheriff from liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party or by the party, if he has no attorney.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 23 - Crier of court.

17-22-23.
Crier of court.
The sheriff in attendance upon court shall, if required by the court, act as crier for the court, call the parties and witnesses and other persons bound to appear at the court, and make proclamation of the opening and adjournment of court and of any other matter under its direction.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 24 - Service of papers, other than process, on sheriff -- Powers of successor.

17-22-24.
Service of papers, other than process, on sheriff -- Powers of successor.
Service upon the sheriff of a paper other than process may be made by delivering it or a copy thereof to him or to one of his deputies or to a person in charge of his office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office. When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office or at the expiration of his office such process shall be executed by his successor in office; and when the sheriff sells real estate under and by virtue of an execution or order of court he or his successor in office shall execute and deliver to the purchaser all such deeds and conveyances as are required by law and necessary for that purpose, and such deeds and conveyances shall be as valid in law as if they had been executed by the sheriff who made the sale.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 25 - Service of process on sheriff -- When constable to act.

17-22-25.
Service of process on sheriff -- When constable to act.
In cases where it appears in any court of record that the sheriff is a party, or where an affidavit is filed with the clerk of the court stating partiality, prejudice, consanguinity or interest on the part of the sheriff, the clerk of the court shall direct process to any constable of the county, whose duty it shall be to execute it in the same manner as if he were sheriff.
No Change Since 1953
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 26 - Sheriff -- Process on behalf of state -- Fees.

17-22-26.
Sheriff -- Process on behalf of state -- Fees.
(1) The sheriff shall without fee serve and return all process in criminal cases to which the state is a party, that are lawfully issued by any court of the state, except as otherwise provided by law.
(2) If the process issues from a court outside of his county, he is entitled to his actual expenses necessarily incurred. The expenses shall be paid by the county where the process was issued.
Amended by Chapter 152, 1988 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 27 - Sheriff -- Assignment of court bailiffs -- Contract and costs.

17-22-27.
Sheriff -- Assignment of court bailiffs -- Contract and costs.
(1) The sheriff shall assign law enforcement officers or special function officers, as defined under Sections 53-13-103 and 53-13-105, to serve as court bailiffs and security officers in the courts of record and county justice courts as required by the rules of the Judicial Council.
(2)
(a) The state court administrator shall enter into a contract with the county sheriff for bailiffs and building security officers for the district and juvenile courts within the county. The contract may not exceed amounts appropriated by the Legislature for that purpose. The county shall assume costs related to security administration, supervision, travel, equipment, and training of bailiffs.
(b) The contract shall specify the agreed services, costs of services, and terms of payment.
(c) If the court is located in the same facility as a state or local law enforcement agency and the county sheriff's office is not in close proximity to the court, the state court administrator in consultation with the sheriff may enter into a contract with the state or local law enforcement agency for bailiff and security services subject to meeting all other requirements of this section. If the services are provided by another agency, the county sheriff shall have no responsibility for the services under this section.
(3)
(a) At the request of the court, the sheriff may appoint as a law clerk bailiff graduates of a law school accredited by the American Bar Association to provide security and legal research assistance. Any law clerk who is also a bailiff shall meet the requirements of Subsection (1) of this section.
(b) The sheriff may appoint a law clerk bailiff by contract for a period not to exceed two years, who shall be exempt from the deputy sheriff merit service commission.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 28 - Maintaining order -- Imposing restitution.

17-22-28.
Maintaining order -- Imposing restitution.
(1) If a prisoner commits an act of violence against another person, attempts to damage jail property, attempts to escape, or refuses to obey a lawful order and reasonable command, an officer or other employee of the jail may use all reasonable means under the circumstances, including the use of a weapon, to defend himself, defend another, protect jail property, prevent escape, or enforce compliance with a lawful order and reasonable command.
(2) A jail may request restitution from a prisoner for damaging jail property as part of an administrative disciplinary hearing. To enforce restitution, a jail may withdraw money from or place a hold on a prisoner's account.
Enacted by Chapter 94, 1996 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 29 - Notice to county jail facilities.

17-22-29.
Notice to county jail facilities.
(1) Before an order is entered granting visitation or correspondence between a person and a prisoner, the moving party shall provide notice to the facility administrator.
(2) The court shall:
(a) provide an opportunity to the facility representative to respond before the order is granted; and
(b) consider facility policy.
Enacted by Chapter 237, 1996 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 31 - Sheriff -- Primary law enforcement authority.

Effective 5/13/2014
17-22-31.
Sheriff -- Primary law enforcement authority.
The sheriff is the primary law enforcement authority of state law on federal land except as otherwise assigned by law to the authority of a state or municipal law enforcement agency.
Enacted by Chapter 333, 2014 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 33 - Commissary account disclosure requirements.

Effective 5/12/2020
17-22-33.
Commissary account disclosure requirements.
(1) As used in this section:
(a) "Commissary account" means an account from which an inmate may withdraw money, deposited by the inmate or another individual, to purchase discretionary items for sale by a correctional facility.
(b) "Commissary purchase" means a transaction initiated by an inmate by which the inmate obtains an item or items offered for sale by the correctional facility in exchange for money withdrawn from the inmate's commissary account.
(c) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
(d) "Inmate" means an individual in the custody of a correctional facility for criminal charges or a criminal conviction.
(2) A correctional facility that employs a policy or practice by which the correctional facility withdraws money from an inmate's commissary account, for any purpose other than a commissary purchase, must disclose that policy or practice to the inmate or any other individual seeking to make a deposit of money into the inmate's commissary account before the correctional facility may accept and deposit the money into the inmate's commissary account.
Enacted by Chapter 65, 2020 General Session
2023 Utah Code › Title 17 - Counties › Chapter 22 - Sheriff › Section 34 - Suicide Deterrence Grant Program -- Rulemaking.

Effective 5/3/2023
17-22-34.
Suicide Deterrence Grant Program -- Rulemaking.
(1) As used in this section:
(a) "Department" means the Department of Public Safety.
(b) "Grant" means a grant awarded under this section.
(c) "Program" means the Suicide Deterrence Grant Program created in this section.
(d) "Suicide barrier" means a barrier installed on an upper level of a building to prevent an individual from falling.
(2)
(a) There is created within the department the Suicide Deterrence Grant Program.
(b) The purpose of the program is to award grants to county jails for materials to construct and install suicide barriers.
(3)
(a) A county jail that submits a proposal for a grant to the department shall include in the proposal:
(i) a statement describing the need for suicide barriers in the county jail;
(ii) the amount and type of material to be used in constructing the suicide barriers;
(iii) a plan for installation of the suicide barriers;
(iv) any funding sources in addition to the grant for the proposal;
(v) any existing or planned partnerships between the county jail and another entity to implement the proposal; and
(vi) other information the department determines necessary to evaluate the proposal.
(b) When evaluating a proposal for a grant, the department shall consider:
(i) the likelihood the proposal will accomplish the purpose described in Subsection (2);
(ii) the cost of the proposal;
(iii) the extent to which additional funding sources or existing or planned partnerships may benefit the proposal; and
(iv) the viability and sustainability of the proposal.
(4) Subject to Subsection (3), the department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish:
(a) eligibility criteria for a grant;
(b) the form and process for submitting a proposal to the department for a grant;
(c) the method and formula for determining a grant amount; and
(d) reporting requirements for a grant recipient.
Enacted by Chapter 152, 2023 General Session
2023 Utah Code › Title 17 - Counties › Chapter 23 - County Surveyor › Section 2 - Office furnishings and supplies -- Filing and indexing fees -- Records remain county property.

17-23-2.
Office furnishings and supplies -- Filing and indexing fees -- Records remain county property.
(1) The county shall furnish an office, furniture, and all stationery and record books necessary for the surveyor's office.
(2) The county legislative body, by ordinance or resolution, may establish the fee to be collected by the county for filing and indexing a map of a survey. Fees for filing of maps under Section 17-23-17 shall be governed by Section 17-23-19.
(3) All records, maps, plats, profiles, calculations, and field notes of all surveys made by the county surveyor in an official capacity during the surveyor's term of office, or by persons designated by the surveyor to do survey work on behalf of the county, or maps of a survey filed under Section 17-23-17, shall be the property of the county, open to the inspection of any person, and shall be delivered by the surveyor to a successor in office.
Amended by Chapter 241, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 23 - County Surveyor › Section 3 - Seal.

17-23-3.
Seal.
The county surveyor shall have a seal, to be furnished by the county, the impression of which shall contain the following words: "State of Utah, County Surveyor," together with the name of the county in which the same is to be used.
Amended by Chapter 241, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 23 - County Surveyor › Section 5 - Maps for county or county officers.

17-23-5.
Maps for county or county officers.
(1) Except as provided in Subsection (2), each county surveyor shall:
(a) trace, blueprint, or otherwise make all maps necessary for the county or any county officer; and
(b) file those maps and all data obtained by the surveyor from other sources in the surveyor's office.
(2) Subsection (1) does not apply to an ownership plat that the county recorder is required under Section 17-21-21 to prepare and keep.
Amended by Chapter 241, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 23 - County Surveyor › Section 7 - Survey by direction of court -- Compensation.

17-23-7.
Survey by direction of court -- Compensation.
When land, the title to which is in dispute before any court, is divided by a county line, the court making an order of survey may direct the order to the surveyor of any county in which any part of the land is situated. The court order shall also provide for reasonable compensation for said services.
Amended by Chapter 33, 1961 General Session
2023 Utah Code › Title 17 - Counties › Chapter 23 - County Surveyor › Section 12 - Additional powers.

17-23-12.
Additional powers.
The county surveyor may:
(1) administer oaths or affirmations necessary to legally establish roads and other surveys;
(2) take evidence from any person who may have information to prove any point material to a survey or whenever necessary in the discharge of his official duties; and
(3) establish procedures and guidelines to govern the electronic submission of plats, records, and other documents to the county surveyor's office consistent with Title 46, Chapter 4, Uniform Electronic Transactions Act.
Amended by Chapter 211, 2003 General Session