SB 182

02-09 10:51  S.B. 182
1Attorney Admission to Jail Facilities Amendments
                                         2026 GENERAL SESSION
                                               STATE OF UTAH
                                     Chief Sponsor: Stephanie Pitcher
                                                 House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses the admission of attorneys to county jail facilities.
6   Highlighted Provisions:
7This bill:
8▸ requires a sheriff to allow an attorney to enter a county jail in order to meet with a
9   prisoner under certain circumstances;
10▸ provides requirements and procedures for a meeting between an attorney and a prisoner;
11   and
12▸ allows a sheriff to designate another person to act on behalf of the sheriff regarding the
13   process for a meeting between an attorney and a prisoner.
14   Money Appropriated in this Bill:
15None
16   Other Special Clauses:
17None
18   Utah Code Sections Affected:
19   ENACTS:
2017-72-411, Utah Code Annotated 1953
21
22   Be it enacted by the Legislature of the state of Utah:
23Section 1. Section 17-72-411 is enacted to read:
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2417-72-411 . Attorney access to prisoners at a county jail.
25   (1) Subject to Subsection (2), a sheriff shall allow an attorney to enter a jail under the
26sheriff's control for the purpose of meeting with a prisoner at the jail if the attorney:
27(a) is currently licensed in good standing by any state; and
28(b) informs the sheriff that the attorney wishes to meet with a prisoner who is at the jail.
29   (2) An attorney may meet with a prisoner under Subsection (1) if the prisoner is:
30(a) the attorney's current or former client;
 S.B. 182  02-09 10:51
31      (b) a prospective client Ŝ→ and the meeting:
31a  (i) was requested by the prisoner, the prisoner's family, or by a person on behalf
31b  of the prisoner ←Ŝ ; Ŝ→ or
31c  (ii) the potential representation is for a civil rights matter; ←Ŝ
32      (c) a potential witness to a criminal case that the attorney is prosecuting or defending; or
33      (d) an individual who may have information pertinent to a criminal case that the attorney
34is prosecuting or defending.
35  (3)(a) Subject to Subsection (3)(b), a sheriff may designate another person at a jail under
36      the sheriff's control to act on behalf of the sheriff for purposes of this section.
37      (b) If a sheriff makes a designation under Subsection (3)(a), the sheriff shall provide the
38name of the designee on:
39(i) the sheriff's public website;
40(ii) the jail's website, and
41(iii) any other location that the sheriff determines would assist an attorney to locate
42the information.
43      (c) A sheriff or a sheriff's designee may provide an online form or other method for an
44attorney to request:
45(i) a meeting under Subsection (1); or
46(ii) a meeting outside of the regular hours described in Subsection (4)(b).
47  (4) A sheriff or a sheriff's designee:
48      (a) shall provide a private and confidential space at the jail in which an attorney can
49meet with a prisoner; and
50      (b) may require a meeting described in Subsection (1) to occur between 8 a.m. and 5
51p.m., Monday through Friday, excluding holidays, unless:
52(i) the attorney presents special circumstances demonstrating that a meeting outside
53the days or times described in this Subsection (4)(b) is necessary:
54(A) to avoid a legal disadvantage or undue hardship to a prisoner or undue
55hardship to the attorney; or
56(B) in an emergency; and
57(ii) the sheriff or the sheriff's designee determines that the special circumstances
58presented under Subsection (4)(b)(i) are sufficient to warrant a meeting outside
59the days or times described in this Subsection (4)(b).
60  (5) An attorney who meets with a prisoner under Subsection (1) and leaves discovery,
61      evidence, or other documents with the prisoner shall ensure that the attorney complies
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62with the requirements described in Subsection 17-72-301(3)(b).
63   (6) Nothing in this section prevents an attorney from visiting a prisoner at a jail during
64normal visitation hours.
65Section 2. Effective Date.
66   This bill takes effect on May 6, 2026.
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