Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-27-1 Definitions.
As used in this chapter:
(1) "Board" means the Board of Pardons and Parole.
(2) "Commission" means the Commission on Criminal and Juvenile Justice.
(3) "Commutation" is the change from a greater to a lesser punishment after conviction.
(4) "Department" means the Department of Corrections.
(5) "Expiration" occurs when the maximum sentence has run.
(6) "Family" means persons related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian.
(7) "Panel" means members of the board assigned by the chairperson to a particular case.
(8) "Pardon" is an act of grace by an appropriate authority exempting a person from punishment for a crime.
(9) "Parole" is a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of his sentence.
(10) "Probation" is an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions.
(11) "Reprieve or respite" is the temporary suspension of the execution of the sentence.
(12) "Termination" is the act of an appropriate authority discharging from parole or concluding the sentence of imprisonment prior to the expiration of the sentence.
(13) "Victim" means:
(a) a person against whom the defendant committed a felony or class A misdemeanor offense, and regarding which offense a hearing is held under this chapter; or
(b) the victim's family, if the victim is deceased as
a result of the offense for which a hearing is held under
this chapter.
1996
77-27-2 Board of Pardons and Parole - Creation - Compensation - Functions.
(1) There is created the Board of Pardons and Parole. The board shall consist of five full-time members and five pro tempore members to be appointed by the governor with the consent of the Senate as provided in this section. The members of the board shall be resident citizens of the state. The governor shall establish salaries for the members of the board within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) (a) (i) The full-time board members shall serve terms of five years. The terms of the full-time members shall be staggered so one board member is appointed for a term of five years on March 1 of each year.
(ii) The pro tempore members shall serve terms of five years. The five pro tempore members added by Subsection (1) shall be appointed to terms that both commence on May 1, 1996, and respectively end on February 28, 1999, and February 29, 2000. These terms are reduced by two and one years respectively so that the appointment of one pro tempore member expires every year beginning in 1996. Terms previously set to expire will now expire the last day of February of their respective years.
(b) All vacancies occurring on the board for any cause shall be filled by the governor with the consent of the Senate pursuant to this section for the unexpired term of the vacating member.
(c) The governor may at any time remove any member of the board for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
(d) A member of the board may not hold any other office in the government of the United States, this state or any other state, or of any county government or municipal corporation within a state. A member may not engage in any occupation or business inconsistent with his duties.
(e) A majority of the board constitutes a quorum for the transaction of business, including the holding of hearings at any time or any place within or without the state, or for the purpose of exercising any duty or authority of the board. Action taken by a majority of the board regarding whether parole, pardon, commutation, termination of sentence, or remission of fines or forfeitures may be granted or restitution ordered in individual cases is deemed the action of the board. A majority vote of the five full-time members of the board is required for adoption of rules or policies of general applicability as provided by statute. However, a vacancy on the board does not impair the right of the remaining board members to exercise any duty or authority of the board as long as a majority of the board remains.
(f) Any investigation, inquiry, or hearing that the board has authority to undertake or hold may be conducted by any board member or an examiner appointed by the board. When any of these actions are approved and confirmed by the board and filed in its office, they are considered to be the action of the board and have the same effect as if originally made by the board.
(g) When a full-time board member is absent or in other extraordinary circumstances the chair may, as dictated by public interest and efficient administration of the board, assign a pro tempore member to act in the place of a full-time member. Pro tempore members shall receive a per diem rate of compensation as established by the Division of Finance and all actual and necessary expenses incurred in attending to official business.
(h) The chair may request staff and administrative support as necessary from the Department of Corrections.
(3) (a) Except as provided in Subsection (3)(c), the Commission on Criminal and Juvenile Justice shall:
(i) recommend five applicants to the governor for appointment to the Board of Pardons and Parole; and
(ii) consider applicants' knowledge of the criminal justice system, state and federal criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
(b) The procedures and requirements of Subsection (3)(a) do not apply if the governor appoints a sitting board member to a new term of office.
(4) (a) The board shall appoint an individual to serve as its mental health adviser and may appoint other staff necessary to aid it in fulfilling its responsibilities under Title 77, Chapter 16a, Commitment and Treatment of Mentally Ill Persons. The adviser shall prepare reports and recommendations to the board on all persons adjudicated as guilty and mentally ill, in accordance with Title 77, Chapter 16a.
(b) The mental health adviser shall possess the qualifications necessary to carry out the duties imposed by the board and may not be employed by the Department of Corrections or the Utah State Hospital.
(i) The Board of Pardons and Parole may review outside employment by the mental health advisor.
(ii) The Board of Pardons and Parole shall develop rules governing employment with entities other than the board by the mental health advisor for the purpose of prohibiting a conflict of interest.
(c) The mental health adviser shall:
(i) act as liaison for the board with the Department of Human Services and local mental health authorities;
(ii) educate the members of the board regarding the needs and special circumstances of mentally ill persons in the criminal justice system;
(iii) in cooperation with the Department of Corrections, monitor the status of persons in the prison who have been found guilty and mentally ill;
(iv) monitor the progress of other persons under the board's jurisdiction who are mentally ill;
(v) conduct hearings as necessary in the preparation of reports and recommendations; and
(vi) perform other duties as assigned by the board.
2002
77-27-4 Chairperson and vice chairperson.
(1) The governor shall select one of the members of the board to serve as chairperson and board administrator at the governor's pleasure. The chairperson may exercise the duties and powers, in addition to those established by this chapter, necessary for the administration of daily operations of the board, including personnel, budgetary matters, panel appointments, and scheduling of hearings.
(2) The chairperson shall appoint a vice chairperson to
act in the absence of the chairperson.
1990
77-27-5 Board of Pardons and Parole authority.
(1) (a) The Board of Pardons and Parole shall determine by majority decision when and under what conditions, subject to this chapter and other laws of the state, persons committed to serve sentences in class A misdemeanor cases at penal or correctional facilities which are under the jurisdiction of the Department of Corrections, and all felony cases except treason or impeachment or as otherwise limited by law, may be released upon parole, pardoned, restitution ordered, or have their fines, forfeitures, or restitution remitted, or their sentences commuted or terminated.
(b) The board may sit together or in panels to conduct hearings. The chair shall appoint members to the panels in any combination and in accordance with rules promulgated by the board, except in hearings involving commutation and pardons. The chair may participate on any panel and when doing so is chair of the panel. The chair of the board may designate the chair for any other panel.
(c) No restitution may be ordered, no fine, forfeiture, or restitution remitted, no parole, pardon, or commutation granted or sentence terminated, except after a full hearing before the board or the board's appointed examiner in open session. Any action taken under this subsection other than by a majority of the board shall be affirmed by a majority of the board.
(d) A commutation or pardon may be granted only after a full hearing before the board.
(e) The board shall determine restitution in an amount that does not exceed complete restitution if determined by the court in accordance with Section 77-38a-302 .
(2) (a) In the case of original parole grant hearings, rehearings, and parole revocation hearings, timely prior notice of the time and place of the hearing shall be given to the defendant, the county or district attorney's office responsible for prosecution of the case, the sentencing court, law enforcement officials responsible for the defendant's arrest and conviction, and whenever possible, the victim or the victim's family.
(b) Notice to the victim, his representative, or his family shall include information provided in Section 77-27-9.5 , and any related rules made by the board under that section. This information shall be provided in terms that are reasonable for the lay person to understand.
(3) Decisions of the board in cases involving paroles, pardons, commutations or terminations of sentence, restitution, or remission of fines or forfeitures are final and are not subject to judicial review. Nothing in this section prevents the obtaining or enforcement of a civil judgment, including restitution as provided in Section 77-27-6 .
(4) This chapter may not be construed as a denial of or limitation of the governor's power to grant respite or reprieves in all cases of convictions for offenses against the state, except treason or conviction on impeachment. However, respites or reprieves may not extend beyond the next session of the Board of Pardons and Parole and the board, at that session, shall continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the offense as provided. In the case of conviction for treason, the governor may suspend execution of the sentence until the case is reported to the Legislature at its next session. The Legislature shall then either pardon or commute the sentence, or direct its execution.
(5) In determining when, where, and under what conditions offenders serving sentences may be paroled, pardoned, have restitution ordered, or have their fines or forfeitures remitted, or their sentences commuted or terminated, the board shall consider whether the persons have made or are prepared to make restitution as ascertained in accordance with the standards and procedures of Section 77-38a-302 , as a condition of any parole, pardon, remission of fines or forfeitures, or commutation or termination of sentence.
(6) In determining whether parole may be terminated, the
board shall consider the offense committed by the parolee,
the parole period as provided in Section
76-3-202
, and in accordance with Section
77-27-13
.
2002
77-27-5.3 Meritless and bad faith litigation.
(1) For purposes of this section:
(a) "Convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty and mentally ill, no contest, and conviction of any crime or offense.
(b) "Prisoner" means a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
(2) In any case filed in state or federal court in which
a prisoner submits a claim that the court finds to be without
merit and brought or asserted in bad faith, the Board of
Pardons and Parole and any county jail administrator may
consider that finding in any early release decisions concerning
the prisoner.
1996
77-27-5.5 Review procedure - Commutation.
(1) The Board of Pardons and Parole may consider the commutation of a death sentence only to life without parole.
(2) Only the person who has been sentenced to death or his counsel may petition the Board of Pardons and Parole for commutation.
(3) The petition shall be in writing, signed personally by the person sentenced to death, and shall include a statement of the grounds upon which the petitioner seeks review.
(4) The state shall be permitted to respond in writing to the petition as may be established by board rules.
(5) The board shall review the petition and determine whether the petition presents a substantial issue which has not been reviewed in the judicial process.
(6) The board shall not consider legal issues, including constitutional issues, which:
(a) have been reviewed previously by the courts;
(b) should have been raised during the judicial process; or
(c) if based on new information, are subject to judicial review.
(7) (a) If the board does not find a substantial issue, the board shall deny the hearing to the petitioner.
(b) If the board finds a substantial issue, the board
shall conduct a hearing in which the petitioner and the state
may present evidence and argument as may be provided by board
rules.
1994
77-27-6 Payment of restitution.
(1) When the Board of Pardons and Parole orders the release on parole of an inmate who has been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime Victims Restitution Act, or whom the board has ordered to make restitution, and all or a portion of restitution is still owing, the board may establish a schedule, including both complete and court-ordered restitution, by which payment of the restitution shall be made, or order compensatory or other service in lieu of or in combination with restitution. In fixing the schedule and supervising the paroled offender's performance, the board may consider the factors specified in Section 77-38a-302 .
(2) The board may impose any court order for restitution and order that a defendant make restitution in an amount not to exceed the pecuniary damages to the victim of the offense of which the defendant has been convicted, the victim of any other criminal conduct admitted to by the defendant to the sentencing court, or for conduct for which the defendant has agreed to make restitution as part of a plea agreement, unless the board applying the criteria as set forth in Section 77-38a-302 determines that restitution is inappropriate.
(3) The board may also make orders of restitution for recovery of any or all costs incurred by the Department of Corrections or the state or any other agency arising out of the defendant's needs or conduct.
(4) If the defendant, upon termination of the parole period
owes outstanding fines, restitution, or other assessed costs,
the matter shall be referred to the district court for civil
collection remedies. The Board of Pardons and Parole shall
forward a restitution order to the sentencing court to be
entered on the judgment docket. The entry shall constitute
a lien and is subject to the same rules as a judgment for
money in a civil judgment.
2002
77-27-7 Parole or hearing dates - Interview - Hearings - Report of alienists - Mental competency.
(1) The Board of Pardons and Parole shall determine within six months after the date of an offender's commitment to the custody of the Department of Corrections, for serving a sentence upon conviction of a felony or class A misdemeanor offense, a date upon which the offender shall be afforded a hearing to establish a date of release or a date for a rehearing, and shall promptly notify the offender of the date.
(2) Before reaching a final decision to release any offender under this chapter, the chair shall cause the offender to appear before the board, its panel, or any appointed hearing officer, who shall personally interview the offender to consider his fitness for release and verify as far as possible information furnished from other sources. Any offender may waive a personal appearance before the board. Any offender outside of the state shall, if ordered by the board, submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in which the offender is housed in lieu of an appearance before the board. The offender shall be promptly notified in writing of the board's decision.
(3) (a) In the case of an offender convicted of violating or attempting to violate any of the provisions of Section 76-5-301.1 , Subsection 76-5-302 (1)(b)(vi), Section 76-5-402 , 76-5-402.1 , 76-5-402.2 , 76-5-402.3 , 76-5-403 , 76-5-403.1 , 76-5-404 , 76-5-404.1 , or 76-5-405 , the chair may appoint one or more alienists who shall examine the offender within six months prior to a hearing at which an original parole date is granted on any offense listed in this Subsection (3).
(b) The alienists shall report in writing the results of the examination to the board prior to the hearing. The report of the appointed alienists shall specifically address the question of the offender's current mental condition and attitudes as they relate to any danger the offender may pose to children or others if the offender is released on parole.
(4) The parolee may petition the board for termination of lifetime parole as provided in Section 76-3-202 in the case of a person convicted of a first degree felony violation or convicted of attempting to violate Section 76-5-301.1 , Subsection 76-5-302 (1)(b)(vi), Section 76-5-402 , 76-5-402.1 , 76-5-402.2 , 76-5-402.3 , 76-5-403 , 76-5-403.1 , 76-5-404.1 , or 76-5-405 .
(5) In any case where an offender's mental competency is questioned by the board, the chair may appoint one or more alienists to examine the offender and report in writing to the board, specifically addressing the issue of competency.
(6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the board shall make rules governing:
(a) the hearing process;
(b) alienist examination; and
(c) parolee petitions for termination of parole.
2001
77-27-8 Record of hearing.
(1) A verbatim record of proceedings before the Board of Pardons and Parole shall be maintained by a certified shorthand reporter or suitable electronic recording device, except when the board dispenses with a record in a particular hearing or a portion of the proceedings.
(2) When the hearing involves the commutation of a death sentence, a certified shorthand reporter, in addition to mechanical means, shall record all proceedings except when the board dispenses with a record for the purpose of deliberations in executive session. The compensation of the reporter shall be determined by the board. The reporter shall immediately file with the board the original record and when requested shall with reasonable diligence furnish a transcription or copy of the record upon payment of reasonable fees as determined by the board.
(3) When the party in interest affirms by affidavit that
he is unable to pay for a transcript or copy of the record
which is necessary for further proceedings available to him,
and that affidavit is not refuted, the board may order the
reporter to furnish to the party in interest a transcript,
or a copy of the record, or so much of it as is reasonably
applicable to any further proceedings, or a copy of the recording,
at the expense of the state, to the party in interest.
1994
77-27-9 Parole proceedings.
(1) (a) The Board of Pardons and Parole may pardon or parole any offender or commute or terminate the sentence of any offender committed to a penal or correctional facility under the jurisdiction of the Department of Corrections for a felony or class A misdemeanor except as provided in Subsection (2).
(b) The board may not release any offender before the minimum term has been served unless the board finds mitigating circumstances which justify the release and unless the board has granted a full hearing, in open session, after previous notice of the time and place of the hearing, and recorded the proceedings and decisions of the board.
(c) The board may not pardon or parole any offender or commute or terminate the sentence of any offender unless the board has granted a full hearing, in open session, after previous notice of the time and place of the hearing, and recorded the proceedings and decisions of the board.
(d) The release of an offender shall be at the initiative of the board, which shall consider each case as the offender becomes eligible. However, a prisoner may submit his own application, subject to the rules of the board promulgated in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(2) (a) A person sentenced to prison prior to April 29, 1996, for a first degree felony involving child kidnapping, a violation of Section 76-5-301.1 ; aggravated kidnapping, a violation of Section 76-5-302 ; rape of a child, a violation of Section 76-5-402.1 ; object rape of a child, a violation of Section 76-5-402.3 ; sodomy upon a child, a violation of Section 76-5-403.1 ; aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1 (4); aggravated sexual assault, a violation of Section 76-5-405 ; or a prior offense as described in Section 76-3-407 , may not be eligible for release on parole by the Board of Pardons and Parole until the offender has fully completed serving the minimum mandatory sentence imposed by the court. This subsection supersedes any other provision of law.
(b) The board may not parole any offender or commute or terminate the sentence of any offender before the offender has served the minimum term for the offense, if the offender was sentenced prior to April 29, 1996, and if:
(i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape, aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person; and
(ii) the victim of the offense was under 18 years of age at the time the offense was committed.
(c) For a crime committed on or after April 29, 1996, the board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as provided in Section 77-27-9 .
(d) The board may not pardon or parole any offender or commute or terminate the sentence of any offender who is sentenced to life in prison without parole except as provided in Subsection (6).
(e) On or after April 27, 1992, the board may commute a sentence of death only to a sentence of life in prison without parole.
(f) The restrictions imposed in Subsections 77-27-9 (2)(d) and (e) apply to all cases that come before the Board of Pardons and Parole on or after April 27, 1992.
(3) The board may issue subpoenas to compel the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony for the purpose of any investigation by the board or any of its members or by a designated hearing examiner in the performance of its duties. A person who willfully disobeys a properly served subpoena issued by the board is guilty of a class B misdemeanor.
(4) (a) The board may adopt rules consistent with law for its government, meetings and hearings, the conduct of proceedings before it, the parole and pardon of offenders, the commutation and termination of sentences, and the general conditions under which parole may be granted and revoked.
(b) The rules shall ensure an adequate opportunity for victims to participate at hearings held under this chapter, as provided in Section 77-27-9.5 .
(c) The rules may allow the board to establish reasonable and equitable time limits on the presentations by all participants in hearings held under this chapter.
(5) The board does not provide counseling or therapy for victims as a part of their participation in any hearing under this chapter.
(6) The board may parole a person sentenced to life in
prison without parole if the board finds by clear and convincing
evidence that the person is permanently incapable of being
a threat to the safety of society.
2003
77-27-9.5 Victim may attend hearings.
(1) As used in this section, "hearing" means a hearing for a parole grant or revocation, or a rehearing of either of these if the offender is present.
(2) (a) Except as provided in Subsection (2)(b), when a hearing is held regarding any offense committed by the defendant that involved the victim, the victim may attend the hearing to present his views concerning the decisions to be made regarding the defendant.
(b) (i) The victim may not attend a redetermination or special attention hearing, if the offender is not present.
(ii) At that redetermination or special attention hearing, the board shall give consideration to any presentation previously given by the victim regarding that offender.
(3) (a) The notice of the hearing shall be timely sent to the victim at his most recent address of record with the board.
(b) The notice shall include:
(i) the date, time, and location of the hearing;
(ii) a clear statement of the reason for the hearing, including all offenses involved;
(iii) the statutes and rules applicable to the victim's participation in the hearing;
(iv) the address and telephone number of an office or person the victim may contact for further explanation of the procedure regarding victim participation in the hearing; and
(v) specific information about how, when, and where the victim may obtain the results of the hearing.
(c) If the victim is dead, or the board is otherwise unable to contact the victim, the board shall make reasonable efforts to notify the victim's immediate family of the hearing.
(d) The victim may communicate with the board for consideration of continuance of the hearing if travel or other significant conflict prohibits their attendance at the hearing.
(4) The victim, or family members if the victim is deceased or unable to attend due to physical incapacity, may:
(a) attend the hearing to observe;
(b) make a statement to the board or its appointed examiner either in person or through a representative appointed by the victim or his family; and
(c) remain present for the hearing if he appoints another to make a statement on his behalf.
(5) The statement may be presented:
(a) as a written statement, which may also be read aloud, if the presenter desires; or
(b) as an oral statement presented by the person selected under Subsection (4).
(6) The victim may be accompanied by a member of his family or another individual, present to provide emotional support to the victim.
(7) The victim may, upon request, testify outside the
presence of the defendant but a separate hearing may not
be held for this purpose.
1998
77-27-9.7 Victim right to notification of release - Notice by board.
A victim entitled to notice of the hearings regarding
parole under Section
77-27-9.5
shall also be notified by the Board of Pardons
and Parole of the right of victims to be advised upon request
of other releases of the defendant under Section
64-13-14.7
. The board may include this notification in
the same notice sent under Section
77-27-9.5
. The board shall coordinate with the Department
of Corrections to ensure notice under this section is provided
to victims.
1994
77-27-10 Conditions of parole - Rulemaking - Intensive early release parole program.
(1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall issue to the parolee a certificate setting forth the conditions of parole which he shall accept and agree to as evidenced by his signature affixed to the agreement.
(b) A copy of the agreement shall be delivered to the Department of Corrections and a copy shall be given to the parolee. The original shall remain with the board's file.
(2) If an offender convicted of violating or attempting to violate Section 76-5-301.1 , Subsection 76-5-302 (1), Section 76-5-402 , 76-5-402.1 , 76-5-402.2 , 76-5-402.3 , 76-5-403 , 76-5-403.1 , 76-5-404 , 76-5-404.1 , or 76-5-405 , is released on parole, the board shall order outpatient mental health counseling and treatment as a condition of parole. The board shall develop standards and conditions of parole under this subsection in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act. This subsection does not apply to intensive early release parole.
(3) (a) In addition to the conditions set out in Subsection (1), the board may place offenders in an intensive early release parole program. The board shall determine the conditions of parole which are reasonably necessary to protect the community as well as to protect the interests of the offender and to assist the offender to lead a law-abiding life.
(b) The offender is eligible for this program only if he:
(i) has not been convicted of a sexual offense; or
(ii) has not been sentenced pursuant to Section 76-3-406 .
(c) The department shall:
(i) promulgate rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for operation of the program;
(ii) adopt and implement internal management policies for operation of the program;
(iii) determine whether or not to refer an offender into this program within 120 days from the date the offender is committed to prison by the sentencing court; and
(iv) make the final recommendation to the board regarding the placement of an offender into the program.
(d) The department shall not consider credit for time served in a county jail awaiting trial or sentencing when calculating the 120 day period.
(e) The prosecuting attorney or sentencing court may refer an offender for consideration by the department for participation in the program.
(f) The board shall determine whether or not to place an offender into this program within 30 days of receiving the department's recommendation.
(4) This program shall be implemented by the department within the existing budget.
(5) During the time the offender is on parole, the department
shall collect from the offender the monthly supervision fee
authorized by Section
64-13-21
.
1996
77-27-10.5 Special condition of parole - Penalty.
(1) In accordance with Section 77-27-5 , the Board of Pardons and Parole may release the defendant on parole and as a condition of parole, the board may order the defendant to be prohibited from directly or indirectly engaging in any profit or benefit generating activity relating to the publication of facts or circumstances pertaining to the defendant's involvement in the criminal act for which the defendant is convicted.
(2) The order may prohibit the defendant from contracting with any person, firm, corporation, partnership, association, or other legal entity with respect to the commission and reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape recording, phonograph record, radio, or television presentations, live entertainment of any kind, or from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the criminal conduct.
(3) The board may order that the prohibition includes any event undertaken and experienced by the defendant while avoiding apprehension from the authorities or while facing criminal charges.
(4) The board may order that any action taken by the defendant by way of execution of power of attorney, creation of corporate entities, or other action to avoid compliance with the board's order shall be grounds for revocation of parole as provided in Section 77-27-11 .
(5) Adult Probation and Parole shall notify the board of any alleged violation of the board's order under this section.
(6) The violation of the board's order shall be considered a violation of parole.
(7) For purposes of this section:
(a) "convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty and mentally ill, no contest, and conviction of any crime or offense; and
(b) "defendant" means the convicted defendant, the defendant's
assignees, and representatives acting on the defendant's
authority.
1997
77-27-11 Revocation of parole.
(1) The board may revoke the parole of any person who is found to have violated any condition of his parole.
(2) (a) If a parolee is detained by the Department of Corrections or any law enforcement official for a suspected violation of parole, the Department of Corrections shall immediately report the alleged violation to the board, by means of an incident report, and make any recommendation regarding the incident.
(b) No parolee may be held for a period longer than 72 hours, excluding weekends and holidays, without first obtaining a warrant.
(3) Any member of the board may issue a warrant based upon a certified warrant request to a peace officer or other persons authorized to arrest, detain, and return to actual custody a parolee, and may upon arrest or otherwise direct the Department of Corrections to determine if there is probable cause to believe that the parolee has violated the conditions of his parole.
(4) Upon a finding of probable cause, a parolee may be further detained or imprisoned again pending a hearing by the board or its appointed examiner.
(5) (a) The board or its appointed examiner shall conduct a hearing on the alleged violation, and the parolee shall have written notice of the time and place of the hearing, the alleged violation of parole, and a statement of the evidence against him.
(b) The board or its appointed examiner shall provide the parolee the opportunity:
(i) to be present;
(ii) to be heard;
(iii) to present witnesses and documentary evidence;
(iv) to confront and cross-examine adverse witnesses, absent a showing of good cause for not allowing the confrontation; and
(v) to be represented by counsel when the parolee is mentally incompetent or pleading not guilty.
(c) If heard by an appointed examiner, the examiner shall make a written decision which shall include a statement of the facts relied upon by the examiner in determining the guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the alleged violation occurred. The appointed examiner shall then refer the case to the board for disposition.
(d) Final decisions shall be reached by majority vote of the members of the board sitting and the parolee shall be promptly notified in writing of the board's findings and decision.
(6) Parolees found to have violated the conditions of
parole may, at the discretion of the board, be returned to
parole, have restitution ordered, or be imprisoned again
as determined by the board, not to exceed the maximum term,
or be subject to any other conditions the board may impose
within its discretion.
1997
77-27-12 Parole discharge, sentence termination.
Any person released on parole shall be discharged from
parole or have his sentence terminated subject to the conditions
and limitations contained in Section
76-3-202
.
1985
77-27-13 Board of Pardons and Parole - Duties of the judiciary, the Department of Corrections, and law enforcement - Removal of material from files.
(1) The chief executive officer and employees of each penal or correctional institution shall cooperate fully with the board, permit board members free access to offenders, and furnish the board with pertinent information regarding an offender's physical, mental, and social history and his institutional record of behavior, discipline, work, efforts of self-improvement, and attitude toward society.
(2) The Department of Corrections shall furnish pertinent information it has and shall provide a copy of the pre-sentence report and any other investigative reports to the board. In all cases where a pre-sentence report has not been completed, the department shall make a post-sentence report and shall provide a copy of it to the board as soon as possible. The department shall provide the board, upon request, any additional investigations or information needed by the board to reach a decision or conduct a hearing.
(3) The department shall make its facilities available to the board to carry out its functions.
(4) Law enforcement officials responsible for the offender's arrest, conviction, and sentence shall furnish all pertinent data requested by the board.
(5) (a) In all cases where an indeterminate sentence is imposed, the judge imposing the sentence may within 30 days from the date of the sentence, mail to the chief executive of the board a statement in writing setting out the term for which, in his opinion, the offender sentenced should be imprisoned, and any information he may have regarding the character of the offender or any mitigating or aggravating circumstances connected with the offense for which the offender has been convicted. In addition, the prosecutor shall in all cases, within 30 days from the date of sentence, forward in writing to the chief executive of the board a full and complete description of the crime, a written record of any plea bargain entered into, a statement of the mitigating or aggravating circumstances or both, all investigative reports, a victim impact statement referring to physical, mental, or economic loss suffered, and any other information the prosecutor believes will be relevant to the board. These statements shall be preserved in the files of the board.
(b) Notwithstanding Subsection (5)(a), the board may remove from its files any:
(i) statement that it is not going to rely on in its decisionmaking process;
(ii) information found to be incorrect by a court, the Board of Pardons and Parole, or administrative agency; or
(iii) duplicative materials.
(6) The chief executive officer of any penal or correctional
institution shall permit offenders to send mail to the board
without censorship.
1998
77-27-21.5 Sex offender registration - Information system - Law enforcement and courts to report - Registration - Penalty - Effect of expungement.
(1) As used in this section:
(a) "Department" means the Department of Corrections.
(b) "Employed" or "carries on a vocation" includes employment that is full time or part time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
(c) "Notification" means a person's acquisition of information from the department about a sex offender, including his place of habitation, physical description, and other information as provided in Subsections (11) and (12).
(d) "Register" means to comply with the rules of the department made under this section.
(e) "Sex offender" means any person:
(i) convicted by this state of:
(A) a felony or class A misdemeanor violation of Section 76-4-401 , enticing a minor over the Internet;
(B) Section 76-5-301.1 , kidnapping of a child;
(C) a felony violation of Section 76-5-401 , unlawful sexual activity with a minor;
(D) Section 76-5-401.1 , sexual abuse of a minor;
(E) Section 76-5-401.2 , unlawful sexual conduct with a 16 or 17 year old;
(F) Section 76-5-402 , rape;
(G) Section 76-5-402.1 , rape of a child;
(H) Section 76-5-402.2 , object rape;
(I) Section 76-5-402.3 , object rape of a child;
(J) a felony violation of Section 76-5-403 , forcible sodomy;
(K) Section 76-5-403.1 , sodomy on a child;
(L) Section 76-5-404 , forcible sexual abuse;
(M) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child;
(N) Section 76-5-405 , aggravated sexual assault;
(O) Section 76-5a-3 , sexual exploitation of a minor;
(P) Section 76-7-102 , incest;
(Q) Section 76-9-702.5 , lewdness involving a child;
(R) Section 76-10-1306 , aggravated exploitation of prostitution; or
(S) attempting, soliciting, or conspiring to commit any felony offense listed in Subsection (1)(e)(i);
(ii) convicted by any other state or the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection (1) (e)(i) and who is:
(A) a Utah resident; or
(B) not a Utah resident, but who is in the state for a period exceeding 14 consecutive days, or for an aggregate period exceeding 30 days, during any calendar year; or
(iii) who is found not guilty by reason of insanity of one or more offenses listed in Subsection (1)(e)(i).
(2) The department, to assist in investigating sex-related crimes and in apprehending offenders, shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate information on sex offenders and sex offenses; and
(b) make information collected and developed under this section available to the public.
(3) Any law enforcement agency shall, in the manner prescribed by the department, inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection (1)(e), within three working days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(e), within five working days.
(4) Upon convicting a person of any of the offenses listed in Subsection (1)(e), the convicting court shall within three working days forward a copy of the judgment and sentence to the department.
(5) A sex offender in the custody of the department shall be registered by agents of the department upon:
(a) being placed on probation;
(b) commitment to a secure correctional facility operated by or under contract to the department;
(c) release from confinement to parole status, termination or expiration of sentence, or escape;
(d) entrance to and release from any community-based residential program operated by or under contract to the department; or
(e) termination of probation or parole.
(6) A sex offender not in the custody of the department and who is confined in a correctional facility not operated by or under contract to the department shall be registered with the department by the sheriff of the county in which the offender is confined upon:
(a) commitment to the correctional facility; and
(b) release from confinement.
(7) A sex offender committed to a state mental hospital shall be registered with the department by the hospital upon admission and upon discharge.
(8) A sex offender convicted by any other state or by the United States government is required to register under Subsection (1)(e)(ii) and shall register with the department within ten days after entering the state.
(9) (a) Except as provided in Subsections (9)(b) and (c), a sex offender shall, for the duration of the sentence and for ten years after termination of sentence, register annually and again within ten days of every change of his place of habitation.
(b) (i) A sex offender convicted of any of the offenses listed in Subsection (9)(b)(ii) shall, for the offender's lifetime, register annually and again within ten days of every change of the offender's place of habitation. This registration requirement is not subject to exemptions and may not be terminated or altered during the offender's lifetime.
(ii) Offenses referred to in Subsection (9)(b)(i) are:
(A) any offense listed in Subsection (1)(e) if the offender has previously been convicted of an offense listed in Subsection (1)(e);
(B) Section 76-5-402.1 , rape of a child;
(C) Section 76-5-402.3 , object rape of a child;
(D) Section 76-5-403 , forcible sodomy;
(E) Section 76-5-403.1 , sodomy on a child; and
(F) Section 76-5-405 , aggravated sexual assault.
(c) Notwithstanding Subsections (9)(a) and (b), a sex offender who is confined in a secure facility or in a state mental hospital is not required to register annually.
(10) An agency in the state that registers a sex offender on probation, a sex offender who has been released from confinement to parole status or termination, or a sex offender whose sentence has expired shall inform the offender of the duty to comply with the continuing registration requirements of this section during the period of registration required in Subsection (9), including:
(a) notification to the state agencies in the states where the registrant presently resides and plans to reside when moving across state lines;
(b) verification of address at least every 60 days pursuant to a parole agreement for lifetime parolees; and
(c) notification to the out-of-state agency where the offender is living, whether or not the offender is a resident of that state.
(11) A sex offender shall provide the department with the following information:
(a) all names or aliases the sex offender is or has been known by;
(b) the sex offender's name and residential address;
(c) a physical description, including the sex offender's age, height, weight, eye and hair color;
(d) the type of vehicle or vehicles the sex offender drives;
(e) a current photograph of the sex offender; and
(f) each institution of higher education in Utah at which the sex offender is employed, carries on a vocation, or is a student, and any change of enrollment or employment status of the sex offender at any institution of higher education.
(12) The department shall:
(a) provide the following additional information when available:
(i) the crimes the sex offender was convicted of; and
(ii) a description of the sex offender's primary and secondary targets; and
(b) ensure that the registration information collected regarding a sex offender's enrollment or employment at an institution of higher education is:
(i) promptly made available to any law enforcement agency that has jurisdiction where the institution is located; and
(ii) entered into the appropriate state records or data system.
(13) (a) A sex offender who knowingly fails to register under this section is guilty of a class A misdemeanor and shall be sentenced to serve a term of incarceration for not fewer than 90 days and also at least one year of probation.
(b) Neither the court nor the Board of Pardons and Parole may release a person who violates this section from serving a term of at least 90 days and of completing probation of at least one year. This Subsection (13)(b) supersedes any other provision of the law contrary to this section.
(14) Notwithstanding Title 63, Chapter 2, Government Records Access and Management Act, information in Subsections (11) and (12) collected and released under this section is public information.
(15) (a) If a sex offender is to be temporarily sent outside a secure facility in which he is confined on any assignment, including, without limitation, firefighting or disaster control, the official who has custody of the offender shall, within a reasonable time prior to removal from the secure facility, notify the local law enforcement agencies where the assignment is to be filled.
(b) This Subsection (15) does not apply to any person temporarily released under guard from the institution in which he is confined.
(16) Notwithstanding Sections 77-18-9 through 77-18-14 regarding expungement, a person convicted of any offense listed in Subsection (1)(e) is not relieved from the responsibility to register as required under this section.
(17) Notwithstanding Section 42-1-1 , a sex offender:
(a) may not change his name:
(i) while under the jurisdiction of the department; and
(ii) until the registration requirements of this statute have expired; or
(b) may not change his name at any time, if registration is under Subsection (9)(b).
(18) The department may make rules necessary to implement this section, including:
(a) the method for dissemination of the information; and
(b) instructions to the public regarding the use of the information.
(19) Any information regarding the identity or location of a victim shall be redacted by the department from information provided under Subsections (11) and (12).
(20) Nothing in this section shall be construed to create or impose any duty on any person to request or obtain information regarding any sex offender from the department.
(21) If the department chooses to post registry information on the Internet, the website shall contain a disclaimer informing the public of the following:
(a) the information contained on the site is obtained from sex offenders and the department does not guarantee its accuracy;
(b) members of the public are not allowed to publicize the information or use it to harass or threaten sex offenders or members of their families; and
(c) harassment, stalking, or threats against sex offenders or their families are prohibited and doing so may violate Utah criminal laws.
(22) The department shall construct the website so that users, before accessing registry information, must indicate that they have read the disclaimer, understand it, and agree to comply with its terms.
(23) The department, its personnel, and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages for good faith compliance with this section and will be presumed to have acted in good faith by reporting information.
(24) The department shall redact information that, if
disclosed, could reasonably identify a victim.
2002
77-27-24 Out-of-state supervision of probationers and parolees - Compacts.
The governor of this state is authorized to execute a compact on behalf of the State of Utah with any other state legally joining therein. "State," as used in this section, includes any state, territory or possession of the United States and the District of Columbia. The compact shall be in the form substantially as follows:
A compact entered into by and among the contracting states, signatories thereto, with the consent of the Congress of the United States of America, granted by an act entitled An Act Granting the Consent of Congress to any two or more States to enter into Agreements or Compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes.
The contracting states solemnly agree:
Form of Compact.
(a) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called sending state) to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called receiving state) while on probation or parole, if
(1) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there.
(2) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
Receiving State to Supervise Probationers or Parolees.
(b) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
Extraditions Procedure Waived, When.
(c) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole from such sending state. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are expressly waived on the part of states party hereto as to such persons. The decision of the sending state to retake a person on probation (or parole) shall be conclusive upon and not reviewable within the receiving state; provided if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
Transporting Prisoners.
(d) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact without interference.
Rules and Regulations.
(e) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
Execution of Compact - Effect.
(f) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
Renunciation of Compact.
(g) That this compact shall continue in force and remain
binding upon each executing state until renounced by it.
That duties and obligations hereunder of a renouncing state
shall continue as to parolees or probationers residing therein
at the time of withdrawal until retaken or finally discharged
by the sending state. Renunciation of this compact shall
be by the same authority which executed it, on sending six
months' notice in writing of intention to withdraw from the
compact to the other states party thereto.
1980
77-27-25 Amendments to interstate compact - Transfer of prisoners - Costs - Supplementary agreements.
The governor is authorized, on behalf of the state, to execute amendments to the compacts provided for in Section 77-27-24 , with any other state legally joined therein. "State," as used in this section, includes any state, territory or possession of the United States and the District of Columbia. The amendments to the compact shall be in form substantially as follows:
(a) Whenever the duly constituted judicial and administrative authorities in a sending state shall determine incarceration of a probationer or reincarceration of a parolee is necessary or desirable, said officials may direct that the incarceration or reincarceration be in a prison or other correctional institution within the territory of the receiving state, such receiving state to act in that regard solely as agent for the sending state.
(b) As used in this amendment, the term "receiving state" shall be construed to mean any state, other than the sending state, in which a parolee or probationer may be found, provided that said state is a party to this amendment.
(c) Every state which adopts this amendment shall designate at least one of its correctional institutions as a "Compact Institution" and shall incarcerate persons therein as provided in (a) hereof unless the sending and receiving state in question shall make specific contractual arrangements to the contrary. All states party to this amendment shall have access to "Compact Institutions" at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's prisoners as may be confined in the institution.
(d) Persons confined in "Compact Institutions" pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said "Compact Institution" for transfer to a prison or other correctional institution within the sending state, for return to probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state.
(e) All persons who may be confined in a "Compact Institution" pursuant to the provisions of this amendment shall be treated in a reasonable and humane manner. The fact of incarceration or reincarceration in a receiving state shall not deprive any person so incarcerated or reincarcerated of any rights which said person would have had if incarcerated or reincarcerated in an appropriate institution of the sending state; nor shall any agreement to submit to incarceration or reincarceration pursuant to the terms of this amendment be construed as a waiver of any rights which the prisoner would have had if he had been incarcerated or reincarcerated in an appropriate institution of the sending state, except that the hearing or hearings, if any, to which a parolee or probationer may be entitled, (prior to incarceration or reincarceration) by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial and administrative officers shall act as agents of the sending state after consultation with appropriate officers of the sending state.
(f) Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of such costs or other expenses by the sending state unless the states concerned shall specifically otherwise agree. Any two or more states party to this amendment may enter into supplementary agreements determining a different allocation of costs as among themselves.
(g) This amendment shall take effect when ratified by
any two or more states party to the compact and shall be
effective as to those states which have specifically ratified
this amendment. Rules and regulations necessary to effectuate
the terms of this amendment may be promulgated by the appropriate
officers of those states which have ratified this amendment.
1980
77-27-26 Deputization of agents to effect return of parole and probation violators.
(1) (a) The official administrator of the interstate compact for the supervision of parolees and probationers is authorized and empowered to deputize any person to act as an officer and agent of this state in carrying out the return of any person who has violated the terms and conditions of parole or probation as granted by this state.
(b) In any matter relating to the return of a violator described in Subsection (1)(a), any deputized agent shall have all the powers of a peace officer of this state.
(2) Any deputization of any person pursuant to this section shall be in writing and the deputized agent shall:
(a) carry formal evidence of his deputization; and
(b) produce the evidence of deputization upon demand.
(3) The official administrator of the interstate compact
is authorized, subject to the approval of the governor, to
enter into contracts with similar officials of any other
state or states for the purpose of sharing an equitable portion
of the cost of effecting the return of any person who has
violated the terms and conditions of parole or probation
as granted by this state.
1998
77-27-27 Retaking or reincarceration for parole or probation violations - Hearing and notice to sending state - Detention of parolee or probationer.
Where supervision of a parolee or probationer is being
administered pursuant to the interstate compact for the supervision
of parolees and probationers, the appropriate judicial or
administrative authorities in this state shall notify the
compact administrator of the sending state whenever, in their
view, consideration should be given to retaking or reincarceration
for a parole or probation violation. Prior to the giving
of any such notification, a hearing shall be held in accordance
with this act within a reasonable time, unless such hearing
is waived by the parolee or probationer. The appropriate
officer or officers of this state shall as soon as practicable,
following termination of any hearing, report to the sending
state, furnish a copy of the hearing record, and make recommendations
regarding the disposition to be made of the parolee or probationer
by the sending state. Pending any proceeding pursuant to
this section, the appropriate officers of this state may
take custody of and detain the parolee or probationer involved
for a period not to exceed 15 days prior to the hearing and,
if it appears to the hearing officer or officers that retaking
or reincarceration is likely to follow, for such reasonable
period after the hearing or waiver as may be necessary to
arrange for the retaking or reincarceration.
1980
77-27-28 Hearing officer.
Any hearing pursuant to this act shall be heard by the
administrator of the interstate compact for the supervision
of parolees and probationers, a deputy of the administrator,
or any other person authorized pursuant to the laws of this
state to hear cases of alleged parole or probation violation,
except that no hearing officer shall be the person making
the allegation of violation.
1980
77-27-29 Rights of parolee or probationer - Record of proceedings.
With respect to any hearing pursuant to this act, the parolee or probationer shall have the following rights:
(a) Reasonable notice in writing of the nature and content of the allegations to be made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation that may lead to a revocation of parole or probation.
(b) Be permitted to advise with any persons whose assistance he reasonably desires, prior to the hearing.
(c) To confront and examine any persons who have made allegations against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person or persons.
(d) May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.
A record of the proceedings shall be made and preserved.
1980
77-27-30 Violation by parolee or probationer supervised in another state - Hearing in other state - Procedure upon receipt of record from other state.
In any case of alleged parole or probation violation by
a person being supervised in another state pursuant to the
interstate compact for the supervision of parolees and probationers,
any appropriate judicial or administrative officer or agency
in another state is authorized to hold a hearing on the alleged
violation. Upon receipt of the record of a parole or probation
violation hearing held in another state pursuant to a statute
substantially similar to this act, the record shall have
the same standing and effect as though the proceeding of
which it is a record was had before the appropriate officer
or officers in this state, and any recommendations contained
in or accompanying the record shall be fully considered by
the appropriate officer or officers of this state in making
disposition of the matter.
1980
77-27-31 Short title.
Sections
77-27-24
through
77-27-30
of this chapter may be cited as the "Uniform
Act for Out-of-State Supervision."
1980
