Section 17-22-5.6 - Probation supervision - Violation of probation - Detention - Hearing(1) As used in this section: (a) "Probationer" means an individual on probation under the supervision of the county sheriff.(b)(i) "Qualifying domestic violence offense" means the same as that term is defined in Subsection 77-36-1.1(4).(ii) "Qualifying domestic violence offense" does not include criminal mischief as described in Section 76-6-106.(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.(2) A county sheriff shall ensure that the court is notified of violations of the terms and conditions of a probationer's probation when the county sheriff determines that: (a) incarceration is recommended as a sanction;(b) a graduated and evidence-based response is not an appropriate response to the offender's violation and recommends revocation of probation; or(c) there is probable cause that the conduct that led to a violation of probation is: (ii) a qualifying domestic violence offense.(3) A county sheriff may take custody of, and detain, a probationer for a maximum of 72 hours, excluding weekends and holidays, if there is probable cause to believe that the probationer has committed a violation of probation.(4) A county sheriff may not detain a probationer or parolee for longer than 72 hours without obtaining a warrant issued by the court.(5) If the county sheriff detains a probationer under Subsection (3), the county sheriff shall ensure the proper court is notified.(6) A written order from the county sheriff is sufficient authorization for a peace officer to incarcerate a probationer if the county sheriff has determined that there is probable cause to believe that the probationer has violated the conditions of probation.(7) If a probationer commits a violation outside of the jurisdiction of the county sheriff supervising the probationer, the arresting law enforcement agency is not required to hold or transport the probationer to the county sheriff.(8) This section does not require the county sheriff to release a probationer who is being held for something other than a probation violation, including a warrant issued for new criminal conduct or a new conviction where the individual is sentenced to incarceration.Added by Chapter TBD, 2024 General Session ,§ 2, eff. 2/16/2024.