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Show PAGE TWENTY INTERMOUNTAIN COMMERCIAL RECORD MONDAY, JUNE 17, 1974 Office of the Attorney General State of Utah If 5. a person is placed in jail not prohibited from placing a person in j.uJ. iia a condition of probation, they may be considered "compel mil. ;iuLliority" for purposes of the statute, and the county must, pay for food, clothing, and bedding for these persons while they arc in jail. On the other hand, Sections 31, supra, seemingly imply that rehabilitation services and supervision is to be provided by the Adult Probation and Parole Section. This may sound like a nice distinction, but in practice it may be very difficult to distinguish between "care" and "rehabilitation services and "by competent authority," the sheriff is responsible for providing for his care i with two exceptions: (1) Federal prisoners whose care is. paid, for by the United States and (2) persons committed ujjqn process in a civil action. Utah Code Ann. reads: through 10 (1953) . Section -8 17-22- 17-22- sheriff "The 77-62-- -8 all receive must persons committed to' jail by competent authority and see that they are provided with necessary food, clothing, and bedding in the manner prescribed by the board of county commissioners. The expense incurred in providing the above services to prisoners shall be paid but of the county treasury. . . .". supervision."' For example, conflicts of authority might arise in situations where a person in jail is placed in isolation for disciplinary reasons by the county jail authorities at a time when the Adult Probation and Parole Section desires that the person be allowed to participate in a rehabilitation program. Utah Code Ann. supra . uses the words "legal custody." Utah Code Ann. (1953) , 01 the other hand, provides that the sheriff shall: "Take charge of and keep the county jail and the prisoners therein." It is therefore unclear under Utah' law who has "ultimate authority" over a probationer who is serving in the county jail as a condition of probation. However, although state statutory law does not resolve the problem, any potential conflicts could readily be resolved by agreement between state and county officials. 77-62-- 29, 17-22-2- The statute is silent as to the nature of the sentence imposed by "competent authority" and makes no distinction between persons committed to serve time on their actual convictions and those committed to jail as a condition of their probation. statute Another is Utah Code Ann. It reads: 77-62- diction, in "The legal chief agent and the custody of all probationers is vested in the court having jurisdiction of the offender." The agent referred to here is the parole and who acts under the authority of the Division See Utah Code Ann. (Supp. 1973) . answer6. See Attorney General's Opinion No. ing the question as to whether cities could set up detoxification centers and the 'legal implications of treating persons in 71-0- 24 (Emphasis added.) probation agent of Corrections. While -21 this juris- 7. of diversionary programs which are in effect in Utah at the present time are largely a matter of prosecutorial discretion and are not statutorily provided for. Arrangements are made between the prosecutor, the defendant and his attorney .that. if the defendant agrees to undergo certain treatment or do certain things the charge against him will not be prosecuted. There is usually no formal arrangement and the sanction which the County Attorney has for violation of the agreement is that the defendant may be prosecuted in the future. 77-62- -31 that as as order of probation is entered by court that shall "certify a copy of the in records the case and deliver the same to the section7 of adult parole and adult probation." The court controls the conditions of probation under Utah Code Ann. $ (1953), but does not supervise the activites of t lie probationer. (1953) says soon an the court, the clerk of 77-35- -17 day-to-d- ay statutes in mind, it becomes apparent conflicts arise when a probationer is placed in a With these that some under to, Mary Louisa Burns DBX O'Brien etux 228 DIAL FINANCE etux 2li3 N Lynn to Miller 275 AMERICAN SAV ADM VETERANS H.'b; & P. E. Walker Inc. 3451 Bernada Dr. Clyde M Creen etux 289 ZIONS FIRST NAT BK Herrlnan Pipe Line 299 FED BUILDING 309 Dev to Richard Mairea L etux 368 STATE S & L to Kay E Elder 391 FSSTBK to Raymond Kboynan etal 1)26 KENNETH 127 Peterson etux lift ADMIRAL INDUSTRIAL Jay C Duke etux hSh SLC EM CREDIT L6l etux Boyack METROPOLITAN K l81t to George to LIFE etux Rawlings AMERICAN SAV to J Griffin etux etal 1)90 SKIVIEW DEVELOP Const Co r T Daniel Second Mortgages 62$ 781 JERRI YOUNG Security Title, 626 371 INC to Tr $3000 H WATNE WADSWORTH ETUX to Martin L Fellick etux $22,1)30 1(78 LITTLE AMERICA REFINING to Garth Sweeten etux $68,979 627 020 LARRY W HUMPHERYS ETUX to Univac SLC En Fed Cr $1073 117 KIRK BALLARD HARMON ETUX to Fleetwood Const $1000 167 MARK H WEIGHT ETUX to C D P Cr Assn $8017 Water Service Mark K. 986 E. property to the bankrupt for the sun of $150.00 cash, or to such 1301 M- other responsible party Bayless 13th South1 The City Court 54875 Robert vs M.D. DAVID AUTO DBA SALES Bal Due 54877 Kelly Co. GOLD WAGST-AF- $566.71 vs SERVICE INC Bal Due ' Vern Yates and C. Sara D. Yates LYNN 0 TURNBOW MARCILE MARDILE vs AND PATTON AKA PATTON TURNBOW $56.30 $390.00 $58.00 $75.00 $ 200.0 Bal Due damages 54879 Calvin Johnson-db- J. vs Frederickson if any June, at the hour of 1974 Salt Lake Etal vs ENGLAND Bal Due REX 10i40 o'clock A. H. , at Room 220 U. S. Street, City, Utah. Dated this 13th day of June, 1974. S. BRUCE JENKINS Bankruptcy Judge Room 224 U. S. Courthouse 350 South Main Street Salt Lake Phone i Agency $135.25 objections thereto, Courthouse and Post Office Building, 350 South Main $66.86 Bal Due Calvin Johnson dba Johnson Collection Bal Dijp 54881 Jay Mulford and will be held before the undersigned on the 26th day of 54880 BODY 1578 Logan Ave. hearing on said application $150.59 3191 Soutl 312S East A offers are invited. RICHARD ARCHULETA as follows 1 a Miles Keith Higher Johnson Collection Agency is U AND vs JOHN PAUL MORALES DBA JOHN MORALES TRUCK AND AUTO R. F CROSS $857.03 54878 C higher bid to the Trustee at 1966 Volkswagen Automobile Bal Due $78.00 LEAVITT property Jones E. who Bakes a or prior to the hearing on said application. 423 E. 3263 Cooper and tion with the Court for authorisation to sell all right, title and interest of the' bankrupt estate in the below described 1255 James Hampshire Kenton Dr. W. interested parties 1 Janes B., Mason, Trustee herein, has filed an applica- Newspaper Agency vs WAYNE Corp. to Cecial 4-2 Jr. 54876 A -7- William J. Lewis Malver Ave, Richard S. Thomas 3rd South to CR NOTICE OF HEARING ON TRUSTEE'S APPLICATION TO SELL PROPERTY SOLICITATION OP HIGHER BIDS AND FOR CONFIRMATION OF SALE. above, named bankrupt, aenbere of the public cClelland St. to Steven Angle etux OAK HILLS INC to N A creditors of the 1473 Donna Manwaring SMITH ETIK EUGENE To Parsons 1054 North Redondo Ave. to Willi 367 FSBK ) ) B 1242 Helen B. Haun THE GREATER NEW YORK SAV BK an L Qortat 29 Zn ) 1300 West Beckatead etux W Wayne Whittle B. Wnu' to & LOAN Bankruptcy So. ) ) Bankrupt. Dupont Ave. to & ROBERT NELSON DADO Morris 808 Wauponsee Norman to AFFAIRS 1 f Lawrence J Fisher etux 276 In the Matter of Street to & LOAN Wallacf (1944 St. to Jenny CO Smith Lynn R. Dan Curtis etux K DIAL FINANCE 2UU John Rix H WHITE ETUX KENNETH Bart ley to Bankruptcy Sales Brent Wilkes 1751 East 30t5 South to Cairns 227 TRACT COLLINS BK some Water Service to Darrell DOCK SAV BK Waters attuc H Drug Treatment Centers, Alcoholics Anonymous or but are programs that already exist. Unless the law is changed, it appears that the county attorneys are the only persons who effectively utilize such a program. . 223 The types of programs which arc presently' utilized this informal arrangement include, but arc not limited tion for 17-22- -8, Release of Mortgages The type restituact which the defendant has committed. These arrangements do not require funding from the county attorney, "legal" jail a as a condition of probation. Even though the and custody of probationer is vested in the probation agent the court, Section supra , makes it clear that when a person has been placed in jail by "competent authority," the county is supposed to pay for their care. Since the courts are county center. such a sense, is concurrent jurisdiction between the Adult Parole and Probation Section and the particular court, the immediate supervision and administration of a probationer appears to rest with the Section. Utah Code Ann. a (5) . this question which. has relevance to (1953). 77-62- -29 29, City, Utah 84101 524-51- 57 $61.75 Jr. H. $120.00 INFORMATION REGARDING THIS PROPERTY AND TO ARRANGE TO VIEW THE SAME, CONTACT THE TRUSTEE, JAMES B. MASON, SUITE 666 532-26BOSTON BUILDING, SALT LAKE CITY, UTAH. PHONE t FOR FURTHER 66. I I |