77-16a-205.  Parole.

(1)  When an offender with a mental condition who has been committed to the department becomes eligible to be considered for parole, the board shall request a recommendation from the executive director and from UDC before placing the offender on parole.

Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Utah Code 77-16a-205

  • Board: means the Board of Pardons and Parole established under Section 77-27-2. See Utah Code 77-16a-101
  • Department: means the Department of Health and Human Services. See Utah Code 77-16a-101
  • Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
  • Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
  • Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, or organization that contracts with a local mental health authority. See Utah Code 77-16a-101
  • Offender with a mental condition: means an individual who has been adjudicated guilty with a mental condition. See Utah Code 77-16a-101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • UDC: means the Department of Corrections. See Utah Code 77-16a-101
(2)  Before setting a parole date, the board shall request that its mental health adviser prepare a report regarding the offender with a mental condition, including:

(a)  all available clinical facts;

(b)  the diagnosis;

(c)  the course of treatment received at the mental health facility;

(d)  the prognosis for remission of symptoms;

(e)  potential for recidivism;

(f)  an estimation of the dangerousness of the offender with a mental condition either to self or others; and

(g)  recommendations for future treatment.

(3)  Based on the report described in Subsection (2), the board may place the offender with a mental condition on parole. The board may require mental health treatment as a condition of parole. If treatment is ordered, failure to continue treatment, except by agreement with the treatment provider, and the board, is a basis for initiation of parole violation hearings by the board.

(4)  UDC, through Adult Probation and Parole, shall monitor the status of an offender with a mental condition who has been placed on parole. UDC may provide treatment by contracting with the department, a local mental health authority, any other public or private provider, or in-house staff.

(5)  The board may not subsequently reduce the period of parole without considering an updated report on the offender’s current mental condition.

Amended by Chapter 184, 2023 General Session