In the News
A new legislative audit found wide differences in how often judges send people convicted of third-degree felonies to jail or prison, the Salt Lake Tribune reported. Among seven judges in the 2nd District, which covers Weber, Davis, and Morgan counties, the rate ranged from 41% to 89% between 2017 and 2025.
Here’s My Take
Libertas believes incarceration should be reserved for people who pose a real danger to their neighbors. The audit shows that most of the variation comes from jail. Prison rates fell between 16% and 32% in every district, while jail rates ran from about 1% to 52%.
Those 2nd District judges share the same prosecutors, defense attorneys, and county jail, yet their jail rates ranged from 15% to 62%. Even a short jail sentence can cost someone a job, a home, or time with their children.
Senate President Stuart Adams asked which approach is “most effective in stopping recidivism.” Auditors told him that information does not exist. The courts do not even record how much time a defendant served before sentencing. Taxpayers and defendants deserve to know whether this jail time buys any public safety.
In Conclusion
The Judicial Council has agreed to begin routine sentencing reviews, and the Department of Criminal Justice has agreed to report on guideline use if the Legislature requires it. We support both. Lawmakers should also require that sentencing data capture time served and track what happens to people afterward, so Utah can tell which sentences make communities safer.
