§ 77-27-1 Definitions
§ 77-27-1.5 Appearance by inmate, offender, or witness
§ 77-27-2 Board of Pardons and Parole — Creation — Compensation — Functions
§ 77-27-4 Chairperson and vice chairperson
§ 77-27-5 Board of Pardons and Parole authority
§ 77-27-5.1 Board authority to order expungement
§ 77-27-5.2 Board authority to order removal from Sex and Kidnap Offender Registry
§ 77-27-5.3 Meritless and bad faith litigation
§ 77-27-5.4 Earned time program
§ 77-27-5.5 Review procedure — Commutation
§ 77-27-6.1 Payment of a criminal accounts receivable — Failure to enter an order for restitution or create a criminal accounts receivable — Modification of a criminal accounts receivable — Order for recovery of costs or pecuniary damages
§ 77-27-7 Parole or hearing dates — Interview — Hearings — Report of alienists — Mental competency
§ 77-27-8 Record of hearing
§ 77-27-9 Parole proceedings
§ 77-27-9.5 Victim may attend hearings
§ 77-27-9.7 Victim right to notification of release — Notice by board
§ 77-27-10 Conditions of parole — Inmate agreement to warrant — Rulemaking — Intensive early release parole program
§ 77-27-10.5 Special condition of parole — Penalty
§ 77-27-11 Revocation of parole
§ 77-27-12 Parole discharge, sentence termination
§ 77-27-13 Board of Pardons and Parole — Duties of the judiciary, the Department of Corrections, and law enforcement — Removal of material from files
§ 77-27-21.7 Sex offender restrictions
§ 77-27-21.8 Sex offender in presence of a child — Definitions — Penalties
§ 77-27-21.9 Sex offender assessment
§ 77-27-24 Out-of-state supervision of probationers and parolees — Compacts
§ 77-27-25 Amendments to interstate compact — Transfer of prisoners — Costs — Supplementary agreements
§ 77-27-26 Deputization of agents to effect return of parole and probation violators
§ 77-27-27 Retaking or reincarceration for parole or probation violations — Hearing and notice to sending state — Detention of parolee or probationer
§ 77-27-28 Hearing officer
§ 77-27-29 Rights of parolee or probationer — Record of proceedings
§ 77-27-30 Violation by parolee or probationer supervised in another state — Hearing in other state — Procedure upon receipt of record from other state
§ 77-27-31 Short title
§ 77-27-32 Reporting requirements
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Terms Used In Utah Code > Title 77 > Chapter 27 - Pardons and Parole

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
  • Arrest: Taking physical custody of a person by lawful authority.
  • Automated driving system: means the same as that term is defined in Section 41-26-102. See Utah Code 41-1a-102
  • Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
  • Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
  • Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates:
    (a) as a carrier for hire, compensation, or profit; or
    (b) as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102
  • Commission: means the State Tax Commission. See Utah Code 41-1a-102
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
  • Criminal risk factors: means a person's characteristics and behaviors that:
    (a) affect that person's risk of engaging in criminal behavior; and
    (b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1
  • Department: means the Department of Corrections. See Utah Code 77-27-1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Expiration: means when the maximum sentence has run. See Utah Code 77-27-1
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
  • fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 41-1a-102
  • 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.
  • Fleet: means one or more commercial vehicles. See Utah Code 41-1a-102
  • 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
  • Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Highway: includes :Utah Code 68-3-12.5
  • Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Implement of husbandry: means a vehicle designed or adapted and used exclusively for an agricultural operation and only incidentally operated or moved upon the highways. See Utah Code 41-1a-102
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
  • Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Motorcycle: means :
    (a) a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or
    (b) an autocycle. See Utah Code 41-1a-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonresident: means a person who is not a resident of this state as defined by Section 41-1a-202, and who does not engage in intrastate business within this state and does not operate in that business any motor vehicle, trailer, or semitrailer within this state. See Utah Code 41-1a-102
  • Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
  • 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
  • Operate: includes testing of an automated driving system. See Utah Code 41-1a-102
  • Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
  • Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
  • Panel: means members of the board assigned by the chairperson to a particular case. 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
  • Park model recreational vehicle: means a unit that:
    (a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
    (b) is not permanently affixed to real property for use as a permanent dwelling;
    (c) requires a special highway movement permit for transit; and
    (d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-102
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
  • Person: means :Utah Code 68-3-12.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • Registration decal: means the decal issued by the division that is evidence of compliance with the division's registration requirements. See Utah Code 41-1a-102 v2
  • remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1
  • Restored-modified vehicle: means a motor vehicle that has been restored and modified with modern parts and technology, including emission control technology and an on-board diagnostic system. See Utah Code 41-1a-102
  • Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • street: means the entire width between property lines of every way or place of whatever nature when any part of it is open to the public, as a matter of right, for purposes of vehicular traffic. See Utah Code 41-1a-102
  • 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.
  • Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
  • Transferor: means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest. See Utah Code 41-1a-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
  • Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
  • 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
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102
  • Writing: includes :Utah Code 68-3-12.5