State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-27 > 77-27-9-5

77-27-9.5. Victim may attend hearings.
(1) As used in this section, "hearing" means a hearing for a parole grant or revocation, ora 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 anyoffense committed by the defendant that involved the victim, the victim may attend the hearing topresent 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 theoffender is not present.
(ii) At that redetermination or special attention hearing, the board shall give considerationto 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 recentaddress 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 forfurther 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 ofthe hearing.
(c) If the victim is dead, or the board is otherwise unable to contact the victim, the boardshall 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 thehearing 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 tophysical incapacity, may:
(a) attend the hearing to observe;
(b) make a statement to the board or its appointed examiner either in person or through arepresentative appointed by the victim or his family; and
(c) remain present for the hearing if he appoints another to make a statement on hisbehalf.
(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 aseparate hearing may not be held for this purpose.

Amended by Chapter 355, 1998 General Session