Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-2 — Sentencing
Utah Code

Utah Code § 76-3-208 (2026)

Imprisonment -- Custodial authorities

✓ current as of May 2026
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Persons sentenced to imprisonment shall be committed to the following custodial authorities:
felony commitments shall be to the Utah State Prison;
class A misdemeanor commitments shall be to the jail, or other facility designated by the town, city, or county where the defendant was convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at the commencement of the class A misdemeanor conviction, in which case, the class A misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to exceed one year with a credit for one day, unless the offense is an offense described in Subsection 76-3-204(1)(b)(i), in which case there is no credit for one day; and
the court may not order the imprisonment of a defendant to the Utah State Prison for a fixed term or other term that is inconsistent with this section and Section 77-18-111; and
all other misdemeanor commitments shall be to the jail or other facility designated by the town, city or county where the defendant was convicted.
A custodial authority may place a prisoner in a facility other than the one to which the prisoner was committed when:
the custodial authority does not have space to accommodate the prisoner; or
the security of the institution or prisoner requires the prisoner to be placed in a facility other than the one to which the prisoner was committed.
Notes of Decisions
Cited in 13 cases, 1988–2013 · leading case: State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011).
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State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011). · cites it 12× “See Utah Code Ann. § 76-3-208 (1)(b)(i) amend.”
Gardner v. Galetka, 568 F.3d 862 (10th Cir. 2009). “” Utah Code Ann. § 76-3-208 (2)(c) (1990). Mr.”
State v. Bradshaw, 2004 UT App 298 (Utah Ct. App. 2004). · cites it 2× “As Bradshaw points out in his brief, charging him with eleven second degree felonies, each carrying a prison sentence of one to fifteen years, see Utah Code Ann. § 76-3-208 (2) (1999), 6 subjects him to as much as a 165-year prison term for taking a total of $5,400 because he…”
State v. Martinez, 2000 UT App 320 (Utah Ct. App. 2000). · cites it 2× “See Utah Code Ann. § 76-3-208 (8) (1999). In addition to becoming a convicted felon, with attendant disenfranchisement, 6 and condemnation from family, friends, and society as a whole, a convicted defendant would also be required to register with the Department of Corrections as…”
State v. Labrum, 881 P.2d 900 (Utah Ct. App. 1994). · cites it 2× “See Utah Code Ann. §§ 76-3-208 (1990), 76-3-203.”
State v. Lopes, 2001 UT 85 (Utah 2001). · cites it 2× “1 He further pleaded guilty to using a dangerous weapon in the commission of that crime, see Utah Code Ann. § 76-3-208 (Supp.1996), and to committing it in concert with two or more persons.”
State v. Graham, 2011 UT App 332 (Utah Ct. App. 2011). “§ 76-3-208(2) (2008) (imposing a prison term of one to fifteen years for a second degree felony), with id.”
State v. Ruiz, 316 P.3d 984 (Utah Ct. App. 2013). · cites it 2× “, while the actual sentence was an indeterminate sentence of one to fifteen years, see Utah Code Ann. § 76-3-208 (2) (LexisNexis 2012), and that he entered a guilty plea to the third degree felony only because his then-counsel told him he might thereby avoid jail time, Ruiz,…”
State v. Losee, 2012 UT App 213 (Utah Ct. App. 2012). “§ 76-3-208. 10 I 32 In 2007, the Utah Legislature amended the aggravated murder statute, making aggravated murder a capital felony only if the prosecutor sought the death penalty.”
State v. Alvillar, 748 P.2d 207 (Utah Ct. App. 1988). · cites it 2× “See Utah Code Ann. § 76-3-208 (1)(b) (1978) ("Class A misdemeanor commitments may be to the Utah State Prison if the defendant consents").”
State v. Villar, 748 P.2d 207 (Utah Ct. App. 1988). · cites it 2× “See Utah Code Ann. § 76-3-208 (l)(b) (1978) (“Class A misdemeanor commitments may be to the Utah State Prison if the defendant consents”).”
State v. Jones, 2013 UT App 106 (Utah Ct. App. 2013). · cites it 2× “See Utah Code Ann. § 76-3-208 (1) (LexisNexis 2012).”
Show all 13 citing cases →
— Utah Code § 76-3-208(1)(b) — 1 case
State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-3-208 (1)(b)(i) amend.”
— Utah Code § 76-3-208(1)(b)(i) — 1 case
State v. Vaughn, 266 P.3d 202 (Utah Ct. App. 2011). “See Utah Code Ann. § 76-3-208 (1)(b)(i) amend.”
— Utah Code § 76-3-208(2) — 1 case
State v. Graham, 2011 UT App 332 (Utah Ct. App. 2011). “§ 76-3-208(2) (2008) (imposing a prison term of one to fifteen years for a second degree felony), with id.”
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