TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 6

COUNTY JAILS

20-601.  County jails — By whom kept and for what use. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows:

1.  For the detention of persons committed in order to secure their attendance as witnesses in criminal cases.

2.  For the detention of persons charged with crime and committed for trial.

3.  For the confinement of persons committed for contempt, or upon civil process, or by other authority of law.

4.  For the confinement of persons sentenced to imprisonment therein upon a conviction for crime.

5.  Any person who is arrested and taken to a county jail shall submit to the entire booking process, to include, but not be limited to, having his or her photograph taken and his or her fingerprints recorded. Any person who refuses to submit to the entire booking process will be held in the county jail until the process is completed, or until ordered to be released by a magistrate or district judge. A person held under this section shall be taken before a magistrate at the next scheduled first appearance time, but shall not be released until either the entire booking process is completed or the judge orders the release.

History:

[(20-601) 1863, p. 475, sec. 17; R.S., R.C., & C.L., sec. 8525; C.S., sec. 9415; I.C.A., sec. 20-601; am. 1999, ch. 301, sec. 1, p. 753.]