(1) 

Terms Used In Utah Code 64-13-21

  • Case action plan: means a document developed by the Department of Corrections that identifies the program priorities for the treatment of the offender, including the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 41-6a-1607
  • Department: means the Department of Corrections. See Utah Code 41-6a-1607
  • Executive director: means the executive director of the Department of Corrections. See Utah Code 41-6a-1607
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Offender: means any person who has been convicted of a crime for which he may be committed to the custody of the department and is at least one of the following:
(a) committed to the custody of the department;
(b) on probation; or
(c) on parole. See Utah Code 41-6a-1607
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • (a)  The department, except as otherwise provided by law, shall supervise sentenced offenders placed in the community on probation by the courts, on parole by the Board of Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate Compact for the Supervision of Parolees and Probationers.

    (b)  The department shall establish standards for the supervision of offenders in accordance with sentencing guidelines and supervision length guidelines, including the graduated sanctions matrix, established by the Utah Sentencing Commission, giving priority, based on available resources, to felony offenders and offenders sentenced pursuant to Subsection 58-37-8(2)(b)(ii).

    (2)  The department shall apply graduated sanctions established by the Utah Sentencing Commission to facilitate a prompt and appropriate response to an individual’s violation of the terms of probation or parole, including:

    (a)  sanctions to be used in response to a violation of the terms of probation or parole; and

    (b)  requesting approval from the court or Board of Pardons and Parole to impose a sanction for an individual’s violation of the terms of probation or parole, for a period of incarceration of not more than three consecutive days and not more than a total of five days within a period of 30 days.

    (3)  The department shall implement a program of graduated incentives as established by the Utah Sentencing Commission to facilitate the department’s prompt and appropriate response to an offender‘s:

    (a)  compliance with the terms of probation or parole; or

    (b)  positive conduct that exceeds those terms.

    (4) 

    (a)  The department shall, in collaboration with the Commission on Criminal and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards and procedures for the collection of information, including cost savings related to recidivism reduction and the reduction in the number of inmates, related to the use of the graduated sanctions and incentives, and offenders’ outcomes.

    (b)  The collected information shall be provided to the Commission on Criminal and Juvenile Justice not less frequently than annually on or before August 31.

    (5)  Employees of the department who are POST certified as law enforcement officers or correctional officers and who are designated as parole and probation officers by the executive director have the following duties:

    (a)  monitoring, investigating, and supervising a parolee’s or probationer’s compliance with the conditions of the parole or probation agreement;

    (b)  investigating or apprehending any offender who has escaped from the custody of the department or absconded from supervision;

    (c)  providing investigative services for the courts, the department, or the Board of Pardons and Parole;

    (d)  supervising any offender during transportation; or

    (e)  collecting DNA specimens when the specimens are required under Section 53-10-404.

    (6) 

    (a)  A monthly supervision fee of $30 shall be collected from each offender on probation or parole. The fee may be suspended or waived by the department upon a showing by the offender that imposition would create a substantial hardship or if the offender owes restitution to a victim.

    (b) 

    (i)  The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the supervision fee and the circumstances under which an offender may request a hearing.

    (ii)  In determining whether the imposition of the supervision fee would constitute a substantial hardship, the department shall consider the financial resources of the offender and the burden that the fee would impose, with regard to the offender’s other obligations.

    (7) 

    (a)  For offenders placed on probation under Section 77-18-1 or parole under Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the department shall establish a program allowing an offender to earn credits for the offender’s compliance with the terms of the offender’s probation or parole, which shall be applied to reducing the period of probation or parole as provided in this Subsection (7).

    (b)  The program shall provide that an offender earns a reduction credit of 30 days from the offender’s period of probation or parole for each month the offender completes without any violation of the terms of the offender’s probation or parole agreement, including the case action plan.

    (c)  The department shall maintain a record of credits earned by an offender under this Subsection (7) and shall request from the court or the Board of Pardons and Parole the termination of probation or parole not fewer than 30 days prior to the termination date that reflects the credits earned under this Subsection (7).

    (d)  This Subsection (7) does not prohibit the department from requesting a termination date earlier than the termination date established by earned credits under Subsection (7)(c).

    (e)  The court or the Board of Pardons and Parole shall terminate an offender’s probation or parole upon completion of the period of probation or parole accrued by time served and credits earned under this Subsection (7) unless the court or the Board of Pardons and Parole finds that termination would interrupt the completion of a necessary treatment program, in which case the termination of probation or parole shall occur when the treatment program is completed.

    (f)  The department shall report annually to the Commission on Criminal and Juvenile Justice on or before August 31:

    (i)  the number of offenders who have earned probation or parole credits under this Subsection (7) in one or more months of the preceding fiscal year and the percentage of the offenders on probation or parole during that time that this number represents;

    (ii)  the average number of credits earned by those offenders who earned credits;

    (iii)  the number of offenders who earned credits by county of residence while on probation or parole;

    (iv)  the cost savings associated with sentencing reform programs and practices; and

    (v)  a description of how the savings will be invested in treatment and early-intervention programs and practices at the county and state levels.

    Amended by Chapter 334, 2018 General Session