Rule 10-1-405. Warrants of arrest in aid of commitment.

Intent:

To establish a procedure in cases where a defendant who has been previously committed to the county jail fails to appear at the jail to begin execution of his/her sentence.

Applicability:

This rule shall apply to the Fourth District Court.

Statement of the Rule:

(1) A warrant of arrest in aid of commitment may be issued by a judge when a defendant, who has been previously committed to the county jail, fails to appear at the jail to begin execution of his/her sentence on the date and time specified in the Order of Commitment. The warrant of arrest in aid of commitment shall instruct any peace officer in the State of Utah to arrest said defendant and deliver him/her directly to the custody of the County Sheriff for execution of the Commitment Order.

(2) The arresting officer, upon execution of a warrant of arrest in aid of commitment, shall:

(A) Deliver the defendant directly to the custody of the County Sheriff; no appearance before a judge is required.

(B) Detach the photocopy of the Order of Commitment which is attached to the warrant of arrest in aid of commitment form; present this photocopy to the County Sheriff's detention officer to whom the defendant is being delivered.

(C) Complete and submit the return of service attached to the warrant of arrest in aid of commitment by mail or in person to the department of the court issuing the warrant at the earliest possible date.

(3) The county sheriff shall accept custody of the defendant from the arresting officer and execute the order of commitment, a photocopy of which will be provided by the arresting officer.