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Terms Used In Utah Code 77-27-2- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
- Department: means the Department of Corrections. See Utah Code 77-27-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pardon: means :
| (a) | an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction; |
| (b) | the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and |
| (c) | the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1- Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
- Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
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| (a) |
There is created the Board of Pardons and Parole. |
| (b) |
The board shall consist of five full-time members and not more than five pro tempore members to be appointed by the governor with the advice and consent of the Senate in accordance with 2, and as provided in this section. |
| (c) |
The members of the board shall be resident citizens of the state. |
| (2) |
| (a) |
| (i) |
| (A) |
The full-time board members shall serve terms of five years. |
| (B) |
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. |
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| (ii) |
| (A) |
The pro tempore members shall serve terms of five years, beginning on March 1 of the year of appointment, with no more than one pro tempore member term beginning or expiring in the same calendar year. |
| (B) |
If a pro tempore member vacancy occurs, the board may submit the names of not fewer than three or more than five persons to the governor for appointment to fill the vacancy. |
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| (b) |
All vacancies occurring on the board for any cause shall be filled by the governor with the advice and consent of the Senate in accordance with 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) |
| (i) |
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. |
| (ii) |
A member may not engage in any occupation or business inconsistent with the member’s duties. |
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| (e) |
| (i) |
A majority of the board constitutes a quorum for the transaction of business, including the holding of hearings at any time or any location within or without the state, or for the purpose of exercising any duty or authority of the board. |
| (ii) |
An action is deemed the action of the board if the action is taken by a majority of the board regarding whether:
| (A) |
parole, pardon, commutation, or termination of a sentence is granted in an offender’s case; |
| (B) |
remission of a criminal accounts receivable, or a fines or forfeiture, is granted in an offender’s case; or |
| (C) |
an offender’s payment schedule for a criminal accounts receivable is modified. |
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| (iii) |
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. |
| (iv) |
Notwithstanding Subsection (2)(e)(iii), 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. |
| (v) |
A board member shall comply with the conflict of interest provisions described in 3. |
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| (f) |
| (i) |
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. |
| (ii) |
When an action under Subsection (2)(f)(i) is approved and confirmed by the board and filed in the board’s office, the action is considered to be the action of the board and has the same effect as if originally made by the board. |
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| (g) |
| (i) |
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. |
| (ii) |
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. |
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| (h) |
The chair may request staff and administrative support as necessary from the department. |
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| (3) |
| (a) |
Except as provided in Subsection (3)(b), the commission shall:
| (i) |
recommend five applicants to the governor for a full-time member appointment to the board; and |
| (ii) |
consider applicants’ knowledge of the criminal justice system, state and federal criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences. |
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| (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. |
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| (4) |
| (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 or the Utah State Hospital.
| (i) |
The board may review outside employment by the mental health advisor. |
| (ii) |
The board 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. |
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| (c) |
The mental health adviser shall:
| (i) |
act as liaison for the board with the Department of Health and Human Services and local mental health authorities; |
| (ii) |
educate the members of the board regarding the needs and special circumstances of persons with a mental condition in the criminal justice system; |
| (iii) |
in cooperation with the department, monitor the status of persons in the prison who have been found guilty with a mental condition; |
| (iv) |
monitor the progress of other persons under the board’s jurisdiction who have a mental condition; |
| (v) |
conduct hearings as necessary in the preparation of reports and recommendations; and |
| (vi) |
perform other duties as assigned by the board. |
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Amended by Chapter 184, 2023 General Session
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