| (1) |
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Terms Used In Utah Code 77-27-10- 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
- Department: means the Department of Corrections. 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
When the Board of Pardons and Parole releases an offender on parole, it shall issue to the parolee a certificate setting forth the conditions of parole, including the graduated and evidence-based responses to a violation of a condition of parole established by the Sentencing Commission in accordance with Section 64-13-21, which the offender shall accept and agree to as evidenced by the offender’s signature affixed to the agreement. |
| (b) |
The parole agreement shall require that the inmate agree in writing that the board may issue a warrant and conduct a parole revocation hearing if:
| (i) |
the board determines after the grant of parole that the inmate willfully provided to the board false or inaccurate information that the board finds was significant in the board’s determination to grant parole; or |
| (ii) |
| (A) |
the inmate has engaged in criminal conduct prior to the granting of parole; and |
| (B) |
the board did not have information regarding the conduct at the time parole was granted. |
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| (c) |
A copy of the agreement shall be delivered to the Department of Corrections and a copy shall be given to the parolee. The original shall remain with the board’s file. |
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| (2) |
| (a) |
If an offender convicted of violating or attempting to violate Section 76-5-301.1, 76-5-302, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, 76-5-404.3, or 76-5-405, is released on parole, the board shall order outpatient mental health counseling and treatment as a condition of parole. |
| (c) |
This Subsection (2) does not apply to intensive early release parole. |
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| (3) |
| (a) |
In addition to the conditions set out in Subsection (1), the board may place offenders in an intensive early release parole program. The board shall determine the conditions of parole which are reasonably necessary to protect the community as well as to protect the interests of the offender and to assist the offender to lead a law-abiding life. |
| (b) |
The offender is eligible for this program only if the offender:
| (i) |
has not been convicted of a sexual offense; or |
| (ii) |
has not been sentenced pursuant to Section 76-3-406. |
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| (c) |
The department shall:
| (ii) |
adopt and implement internal management policies for operation of the program; |
| (iii) |
determine whether or not to refer an offender into this program within 120 days from the date the offender is committed to prison by the sentencing court; and |
| (iv) |
make the final recommendation to the board regarding the placement of an offender into the program. |
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| (d) |
The department may not consider credit for time served in a county jail awaiting trial or sentencing when calculating the 120-day period. |
| (e) |
The prosecuting attorney or sentencing court may refer an offender for consideration by the department for participation in the program. |
| (f) |
The board shall determine whether or not to place an offender into this program within 30 days of receiving the department’s recommendation. |
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| (4) |
This program shall be implemented by the department within the existing budget. |
| (5) |
During the time the offender is on parole, the department shall collect from the offender the monthly supervision fee authorized by Section 64-13-21. |
| (6) |
When a parolee commits a violation of the parole agreement, the department may:
| (a) |
respond in accordance with the graduated and evidence-based responses established in accordance with Section 64-13-21; or |
| (b) |
when the graduated and evidence-based responses established in accordance with Section 64-13-21 indicate, refer the parolee to the Board of Pardons and Parole for revocation of parole. |
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Amended by Chapter 430, 2022 General Session
