State Codes and Statutes
Statutes > Utah > Title-77 > Chapter-27 > 77-27-777-27-7. 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 ofan offender's commitment to the custody of the Department of Corrections, for serving a sentenceupon conviction of a felony or class A misdemeanor offense, a date upon which the offendershall be afforded a hearing to establish a date of release or a date for a rehearing, and shallpromptly notify the offender of the date.
(2) Before reaching a final decision to release any offender under this chapter, the chairshall cause the offender to appear before the board, its panel, or any appointed hearing officer,who shall personally interview the offender to consider the offender's fitness for release andverify as far as possible information furnished from other sources. Any offender may waive apersonal appearance before the board. Any offender outside of the state shall, if ordered by theboard, submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction inwhich the offender is housed in lieu of an appearance before the board. The offender shall bepromptly 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 theprovisions 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 mayappoint one or more alienists who shall examine the offender within six months prior to ahearing 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 tothe hearing. The report of the appointed alienists shall specifically address the question of theoffender's current mental condition and attitudes as they relate to any danger the offender maypose 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 inSection 76-3-202 in the case of a person convicted of a first degree felony violation or convictedof 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, thechair may appoint one or more alienists to examine the offender and report in writing to theboard, specifically addressing the issue of competency.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theboard shall make rules governing:
(a) the hearing process;
(b) alienist examination; and
(c) parolee petitions for termination of parole.
Amended by Chapter 382, 2008 General Session
