Department: means the Department of Corrections. See Utah Code 64-13-1
Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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
“Offender” means a person who committed an act of criminally injurious conduct against the victim and has been sentenced to incarceration in the custody of the department.
(b)
“Victim” means a person against whom an offender committed criminally injurious conduct as defined in Section 63M-7-502, and who is entitled to notice of hearings regarding the offender’s parole under Section 77-27-9.5. “Victim” includes the legal guardian of a victim, or the representative of the family of a victim who is deceased.
(2)
(a)
(i)
Upon submitting a signed written request of notification to the Department of Corrections, a victim shall be notified of an offender’s release under Sections 64-13-14.5 and 64-13-14.7, or any other release to or from a half-way house, to a program outside of the prison such as a rehabilitation program, state hospital, community center other than a release on parole, commutation or termination for which notice is provided under Sections 77-27-9.5 and 77-27-9.7, transfer of the offender to an out-of-state facility, an offender’s escape, or an offender’s termination from probation or parole.
(ii)
The request shall include a current mailing address and may include current telephone numbers if the victim chooses.
(iii)
The notice for an offender’s termination from probation or parole shall notify the victim that the victim may petition the court for the appropriate continuous protective order under Subsection 78B-7-804(5) or 78B-7-805(5).
(b)
(i)
Subject to Subsection (2)(b)(ii), the department shall advise the victim of an offender’s release or escape under Subsection (2)(a), in writing.
(ii)
If written notice is not feasible because the release is immediate or the offender escapes, the department shall make a reasonable attempt to notify the victim by telephone if the victim has provided a telephone number under Subsection (2)(a) and shall follow up with a written notice.
(3)
(a)
Notice of victim rights under this section shall be provided to the victim in the notice of hearings regarding parole under Section 77-27-9.5.
(b)
The department shall coordinate with the Board of Pardons and Parole to ensure the notice is implemented.
(4)
A victim’s request for notification under this section and any notification to a victim under this section is private information that the department may not release:
(a)
to the offender under any circumstances; or
(b)
to any other party without the written consent of the victim.
(5)
The department may make rules as necessary to implement this section.
(6)
The department or its employees acting within the scope of their employment are not civilly or criminally liable for failure to provide notice or improper notice under this section unless the failure or impropriety is willful or grossly negligent.
