77-16a-205. Parole.
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Effective 5/7/2025
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.
(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.
(a)The Division of Adult Probation and Parole created in Section 64-14-202 shall monitor the status of an offender with a mental condition who has been placed on parole.
(b)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 214 , 2025 General Session