77-27-13. Board of Pardons and Parole -- Duties of the judiciary, the Department of Corrections, and law enforcement -- Removal of material from files.

555 words·~3 min read·/ut/title-77/chapter-27/77-27-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)The chief executive officer and employees of each penal or correctional institution shall cooperate fully with the board, permit board members free access to offenders, and furnish the board with pertinent information regarding an offender's physical, mental, and social history and his institutional record of behavior, discipline, work, efforts of self-improvement, and attitude toward society.

(a)The department shall:

(i)furnish any pertinent information , within the department's possession, to the board; and

(ii)provide a copy of the presentence report, any available information within the department's possession concerning the impact a crime may have had upon the victim or the victim's family, and any other investigative reports to the board.

(b)In all cases where a presentence report has not been completed, the department shall:

(i)make a postsentence report ; and

(ii)provide a copy of the postsentence report to the board as soon as possible.

(c)The department shall provide the board, upon request, any additional investigations or information needed by the board to reach a decision or conduct a hearing.

(3)The department shall make the department's facilities available to the board to carry out the board's functions.

(4)Law enforcement officials responsible for the offender's arrest, conviction, and sentence shall furnish all pertinent data requested by the board.

(a)If an indeterminate sentence is imposed in a case, the court shall forward, within 30 days after the day on which the sentence was imposed, to the board:

(i)a record of the judgment and commitment;

(ii)if available and in the court's possession, a victim impact statement referring to any loss suffered by a victim; and

(iii)any other record that the court believes will be relevant to the board, including a statement:

(A)proposing the term for which, in the court's opinion, the offender should be imprisoned;

(B)any information the court may have regarding the character of the offender; and

(C)any mitigating or aggravating circumstances connected with the offense for which the offender has been convicted.

(b)If the court amends an order for a judgment and commitment, the court shall forward the amended order to the board within 30 days after the day on which the amended order is entered.

(6)If an indeterminate sentence is imposed in a case and the offender is committed to prison, the prosecuting attorney shall forward, in writing and within 30 days after the day on which the sentence was imposed, to the board:

(a)a victim impact statement referring to any loss suffered by a victim; and

(b)any other information the prosecuting attorney believes will be relevant to the board, including a summary and recommendations related to the case.

(7)Notwithstanding Subsection

(5)or (6), the board may remove from the board's files any:

(a)statement that the board is not going to rely on in the board's decision-making process;

(b)information found to be incorrect by a court, the board, or an administrative agency; or

(c)duplicative materials.

(8)The chief executive officer of any penal or correctional institution shall permit offenders to send mail to the board without censorship.

Amended by Chapter 434 , 2024 General Session