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. |
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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; |
(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