Terms Used In Utah Code 77-27-9

• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Department: means the Department of Corrections. See Utah Code 77-27-1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1
• Pardon: means :

  (a)	an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;

  (b)	the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and

  (c)

  the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. 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 Person: means :Utah Code 68-3-12.5 Subpoena: A command to a witness to appear and give testimony. Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Victim: means : (a)  a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or (b)  the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1 (a)  The Board of Pardons and Parole may parole any offender or terminate the sentence of any offender committed to a penal or correctional facility under the jurisdiction of the Department of Corrections except as provided in Subsection (2). (b)  The board may not release any offender before the minimum term has been served unless the board finds mitigating circumstances which justify the release and unless the board has granted a full hearing, in open session, after previous notice of the time and location of the hearing, and recorded the proceedings and decisions of the board. (c)  The board may not parole any offender or terminate the sentence of any offender unless the board has granted a full hearing, in open session, after previous notice of the time and location of the hearing, and recorded the proceedings and decisions of the board. (d)  The release of an offender shall be at the initiative of the board, which shall consider each case as the offender becomes eligible. However, a prisoner may submit the prisoner’s own application, subject to the rules of the board promulgated in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

  (2)

  (a)  An individual sentenced to prison prior to April 29, 1996, for a first degree felony involving child kidnapping, a violation of Section 76-5-301.1; aggravated kidnapping, a violation of Section 76-5-302; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; aggravated sexual abuse of a child, a violation of Section 76-5-404.3; aggravated sexual assault, a violation of Section 76-5-405; or a prior offense as described in Section 76-3-407, may not be eligible for release on parole by the Board of Pardons and Parole until the offender has fully completed serving the minimum mandatory sentence imposed by the court. This Subsection (2)(a) supersedes any other provision of law. (b)  The board may not parole any offender or commute or terminate the sentence of any offender before the offender has served the minimum term for the offense, if the offender was sentenced prior to April 29, 1996, and if: (i)  the offender was convicted of forcible sexual abuse, forcible sodomy, rape, aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Individual; and (ii)  the victim of the offense was under 18 years old at the time the offense was committed. (c)  For a crime committed on or after April 29, 1996, but before January 1, 2019, the board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as provided in this section. (d)  The board may not pardon or parole any offender or commute or terminate the sentence of any offender who is sentenced to life in prison without parole except as provided in Subsection (7). (e)  On or after April 27, 1992, the board may commute a sentence of death only to a sentence of life in prison without parole. (f)  The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come before the Board of Pardons and Parole on or after April 27, 1992. (g)  The board may not parole any offender convicted of a homicide unless: (i)  the remains of the victim have been recovered; or (ii)  the offender can demonstrate by a preponderance of the evidence that the offender has cooperated in good faith in efforts to locate the remains. (h)  Subsection (2)(g) applies to any offender convicted of a homicide after February 25, 2021, or any offender who was incarcerated in a correctional facility on or after February 25, 2021, for a homicide offense.

  (3)	The board may rescind: (a)  an inmate’s prison release date prior to the inmate being released from custody; or (b)  an offender’s termination date from parole prior to the offender being terminated from parole.

  (4)

  (a)  The board may issue subpoenas to compel the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony for the purpose of any investigation by the board or any of the board’s members or by a designated hearing examiner in the performance of the board’s duties. (b)  A person who willfully disobeys a properly served subpoena issued by the board is guilty of a class B misdemeanor.

  (5)

  (a)  The board may adopt rules consistent with law for the board’s government, meetings and hearings, the conduct of proceedings before the board, the parole and pardon of offenders, the commutation and termination of sentences, and the general conditions under which parole may be granted and revoked. (b)  The rules shall ensure an adequate opportunity for victims to participate at hearings held under this chapter, as provided in Section 77-27-9.5. (c)  The rules may allow the board to establish reasonable and equitable time limits on the presentations by all participants in hearings held under this chapter.

  (6)	The board does not provide counseling or therapy for victims as a part of their participation in any hearing under this chapter.

  (7)	The board may parole a person sentenced to life in prison without parole if the board finds by clear and convincing evidence that the person is permanently incapable of being a threat to the safety of society.

  Amended by Chapter 430, 2022 General Session