State Codes and Statutes
Statutes > Utah > Title-77 > Chapter-27 > 77-27-977-27-9. Parole proceedings.
(1) (a) The Board of Pardons and Parole may pardon or parole any offender or commuteor terminate the sentence of any offender committed to a penal or correctional facility under thejurisdiction of the Department of Corrections for a felony or class A misdemeanor except asprovided in Subsection (2).
(b) The board may not release any offender before the minimum term has been servedunless the board finds mitigating circumstances which justify the release and unless the board hasgranted a full hearing, in open session, after previous notice of the time and location of thehearing, and recorded the proceedings and decisions of the board.
(c) The board may not pardon or parole any offender or commute or terminate thesentence of any offender unless the board has granted a full hearing, in open session, afterprevious notice of the time and location of the hearing, and recorded the proceedings anddecisions of the board.
(d) The release of an offender shall be at the initiative of the board, which shall considereach case as the offender becomes eligible. However, a prisoner may submit the prisoner's ownapplication, subject to the rules of the board promulgated in accordance with Title 63G, Chapter3, Utah Administrative Rulemaking Act.
(2) (a) A person sentenced to prison prior to April 29, 1996, for a first degree felonyinvolving child kidnapping, a violation of Section 76-5-301.1; aggravated kidnapping, a violationof Section 76-5-302; rape of a child, a violation of Section 76-5-402.1; object rape of a child, aviolation 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 sexualassault, a violation of Section 76-5-405; or a prior offense as described in Section 76-3-407, maynot be eligible for release on parole by the Board of Pardons and Parole until the offender hasfully completed serving the minimum mandatory sentence imposed by the court. ThisSubsection (2)(a) supersedes any other provision of law.
(b) The board may not parole any offender or commute or terminate the sentence of anyoffender before the offender has served the minimum term for the offense, if the offender wassentenced 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 inTitle 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 wascommitted.
(c) For a crime committed on or after April 29, 1996, the board may parole any offenderunder Subsections (2)(b)(i) and (ii) for lifetime parole as provided in this section.
(d) The board may not pardon or parole any offender or commute or terminate thesentence of any offender who is sentenced to life in prison without parole except as provided inSubsection (6).
(e) On or after April 27, 1992, the board may commute a sentence of death only to asentence of life in prison without parole.
(f) The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that comebefore the Board of Pardons and Parole on or after April 27, 1992.
(3) (a) The board may issue subpoenas to compel the attendance of witnesses and theproduction 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 theperformance of its duties.
(b) A person who willfully disobeys a properly served subpoena issued by the board isguilty of a class B misdemeanor.
(4) (a) The board may adopt rules consistent with law for its government, meetings andhearings, the conduct of proceedings before it, the parole and pardon of offenders, thecommutation and termination of sentences, and the general conditions under which parole maybe granted and revoked.
(b) The rules shall ensure an adequate opportunity for victims to participate at hearingsheld 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 thepresentations by all participants in hearings held under this chapter.
(5) The board does not provide counseling or therapy for victims as a part of theirparticipation in any hearing under this chapter.
(6) The board may parole a person sentenced to life in prison without parole if the boardfinds by clear and convincing evidence that the person is permanently incapable of being a threatto the safety of society.
Amended by Chapter 110, 2010 General Session
