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Show MONDAY, JUNE 17, 1974 PA(KNINKTKKN INTERMOUNTAIN COMMERCIAL RECORD of Utah State Office off the Attorney General in his for the money OPINION NO. spent on persons custody. Utah Code "It shall be the duty of the warden under and the rules regulations adopted by the board for the government of the prison. . . (8) To be, under Lhe direction of the Ann. 74-0- 23 64-9-13- : (8) board, the custodian of appropriations made by ..." the legislature Those persons on and drawn from the- state treasury. parole are under the supervision of the State Uoard of Pardons and those on probation are under the legal custody of the probation agent and the particular court who put thwm on - June 11, 1974 probation. BY: REQUESTED Corrections Gary L. Webster, Program Coordinator, Whether the Division of Corrections can establish any institutions other than county or city jails, an industrial school, and others listed above, is difficult to answer because Utah Law Enforcement Planning Agency PREPARED BY: Vernon B. Romney, Attorney General .the statutes dealing with corrections and the State Prison are quite old. There is no clearly delineated authority for the Division of Corrections to operate any programs other than the ct. scq. (1953), and the State Prison, Utah Code Ann. Earl F. Dorius, Assistant Attorney General Does the State Division of Corrections, under Utah law, have specific and sole responsibility to establish, maintain and administer any cor- 1. QUESTIONS: 64-9- -1 77-162- rectional institutions other than the State Prison? Does the Division of Corrections have authority and maintain reception and centers, probation parole hostels, misdemeanant institutions (such as jails andor community, treatment centers or halfway houses), or any other 2. to establish, administer facilities as may be required for the custody,' control or correctional treatment and rehabilitation of convicted adult offenders, felony and misdemeanant? Does a board of county commissioners or any subdivision of county government have any authority (under Utah law) to establish, administer, and maintain reception centers, probation and parole hostels, misdemeanant facilities or programs centers pr other than jails, community treatment i I i m "Hi--ivs or any halfway houses, ' i i i fi.l ii- -l h "i ".I", ' ' i .:I.:'J .win M i i hi ii in. ill .iii V of f fiulcrn, U l'Jiiy and iiiiiiileiiieaiuint 3. I I fi ! I 1 ! i i 1 " Adult Parole and Probation Section, Utah Code Ann. 21 (1953) . The Act setting up the Division of Corrections does contain some language which, if broadly construed, would give the Division power over correctional programs. Utah Code Ann. .1 (Supp. 1973), provides in part, "The division of corrections shall be the authority of the State of Utah for Docs a county sheriff, under Section 17 of for esl.nb ishincj, Lhe Utah Code, have nulhm-ili adminisM maintn ining, and it ni community based correctional centers or prmiriiins, halfway houses, or any other such correetion.il facilities (other 4. -20, 64-9-3- corrections. . ." (Emphasis added). The term, "corrections" is not defined in the Act and it is uncertain how much authority over correctional programs this gives Die Division, the term in fact would authorize the Division to establish, maintain and administer correctional institutions other than the State Prison. It should be noted, however, that the Legislature has provided appropriations for several half-wa- y house programs which are presently operating under the Division of Corrections without specific statutory authorization, and that such appropriations show that the Legislature has at leaBt given its tacit approval to such programs which clearly are outside the realm of the prison. Argument could therefore be made that the Division of Corrections by its very nature must have broad discretionary powers to establish and administer correctional programs, and that it would be unreasonably and overly burdensome to require a specific statutory enactment or-wheth- . for each correctional program. However, whether this argument would justify establishment of an entirely new correctional institution without statutory authorization is questionable. y than a jail) as may be required for the custody, control, and correctional treatment and rehabilitation of convicted adult offenders, felony and Referring to question 1, the Division of Correcstate authority for corrections by the Letions gislature in 1967. It therefore appears that the only possible agency which could establish and administer correctional programs aside from jails, detention schools and the State Industrial 2. was given the misdemeanant? 5. When a court in felony or misdemeanor cases places a client on probation and sentences the client to jail as a condition of probation or to any other agency which may offer any correctional service, which agency (the Division of Corrections, the jail, or the other agency) is liable for delivering rehabilitation services and standing the cost of care? 6. Under Utah law, are persons convicted of crimes such as public intoxication andor offenses considered other alcohol-relat- ed medically indigent and, therefore, eligible for treatment as medical clients through a medical system rather than through the regular correctional system? 7. unit of government, if any (city, state) and which branch within these units (executive, judicial, or legislative) has the authority to establish, administer and What county or operate diversion programs for charged pre-tri- al misdemeanant and felony defendants? 1 ANSWERS: through 7 (see opinion) . OPINION i This question implies that an "institution" is something akin to the State Prison and in that context the State Division of Corrections does not have power to establish, maintain and administer county jails or city jails or detention schools. County jails are the responsibil ity of the respective (1953) and are county commissions, Utah Code Ann. -4 Code Ann. Utah administered by the county sheriff, (1953). City jails are set up and administered by cities: "They may establish, erect and maintain city jails, houses of correction and workhouses for the confinement of persons convicted of violating any city ordinances, make rules and regulation:? for the government of the same, appoint necessary jailers (1953). jnd keepers. . . ." Utah Code Ann. 1. 17-5-- 45 17-22- 10-8-- 58 Counties have the power under Utah Code Ann. (1953) to establish and administer detention schools for juveniles and the State Division of Family Services is School which responsible for administering the State Industrial who committed are of nineteen age years is for children under Code Ann. Utah to it according to law or by contract, et. scq. (1953) . Aside from certain minor exceptions, such as those and juveniles in the, city ordinances guilty of violatingwhich is under the Division of Family Industrial School to corServices, all the remaining persons who areof subject the Division rectional programs are the responsibility of Corrections. Specifically, the warden is to be responsible 55-1- 1-1 64-6- -1 Session of. l.hc Legislature, a total of $492,300.00 was appropriated for the (uiiUmi Halfway House, the Probation Hallway House, and the Salt Luke Community Correction i Center. School would be the Division of Corrections. The County Commissions are only given authority to establish jails and the sheriff to administer them. There are no other powers (at given them in respect to corrections or rehabilitation a "In the 1974 Budget The least for adult offenders). different power under cities have the statute cited in slightly to question answer other than jails, 1, which could include houses of correction but this would be of very limited application since onlysuch ordinances are to be incarcerated in violators of facilities. city that any conclusion that the and Division of corrections has authority to establish the State administer various correctional programs other than is based Prison and supervision of probationers and parolees "The division' on a very broad interpretation of the phrase: Utah for of corrections shall be the authority of the State of 1973). (Supp. Utah Code Ann. corrections. . . Corrections Any conclusion that the Division of programs correctional various administer could establish and who has custody around raises additional problems centeringinvolved in those programs. over the individuals who could be The custodial agency is determined by the status of the individual involved. For example, a person who is on probaprobation agent tion is under the control and custody of the Utah Code offender. the of and the court having jurisdiction It must be remembered 64-9-- 3.1 Persons awaiting trial or persons custody of the county jail are in the 4 (1953).. Thus, the sheriff. Utah Code Ann. Division of Corrections possibly could establish and administer who a correctional program, but it could not require persons to were in the custody or control of some other state agency in the programs. A possible solution to this participate who had problem would be an agreement between the agency of Corrections procustody of the offender and the Divisioncorrectional services viding that the Division would provide transaction for the individual for a reasonable a fee. This court in certain cases, might be subject to the control of such such as those involving probationers. The authority for inter-agenagreements is found in the Interlocal Cooperation -1 et. seq. (1953). Act, Utah Code Ann. 3 and 4. See answers to questions 1 and 2. There the county is no specific provision in Utah law providing thatcorrectional commissions or the county sheriffs can set up any institution other than a jail. It appears thata the county commission has authority to erect and furnish jail, and that in enumerated is the only responsibility that is specifically (1953). County sheriffs the statute. Utah Code Ann. are to take charge of and Xeep the county jail and prisoners (1953). The county therein. Utah Code Ann. sheriffs certainly would have no power to erect and maintain the buildings, although they are certainly responsible for (1953). sentenced to the county Ann. 77-62-- 29 17-22- -2, cy 11-13- 17-5-- 17-22-- administration of the county 45 2(5) jails. |
