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Code · Utah · Title 77 — Utah Code of Criminal Procedure · Chapter 27

77-27-7.

772 words·~4 min read·/ut/title-77/chapter-27/77-27-7

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

Effective 5/1/2024
77-27-7. Parole or hearing dates -- Interview -- Hearings -- Report of alienists -- Mental competency.licensed mental health professional -- Mental competency -- Rulemaking authority.
(a)For an offender serving a sentence upon conviction of a felony or class A misdemeanor offense, the board shall:
(i)within six months after the day on which the offender is committed to the custody of the department, set a hearing date to establish the offender's release date or date for rehearing; and
(ii)promptly notify the offender of the date described in Subsection (1)(a)(i).
(i)The board may delay setting the hearing date described in Subsection (1)(a)(i) if the offender has an additional pending criminal case at the time of the offender's commitment to the custody of the department.
(ii)For purposes of Subsection (1)(b)(i), a pending criminal case includes:
(A)uncharged conduct that is being screened for prosecution, unless one year has passed since the day on which the board was notified of the screening and no charge has been filed within that time period; and
(B)charged conduct that has not reached resolution.
(c)If the board delays setting the hearing date as described in Subsection (1)(b), the board shall set a hearing date no later than six months after the day on which the final criminal case described in Subsection (1)(b) has been resolved.
(i)If the board delays setting the hearing date as described in Subsection (1)(b), the board shall establish and use a process to monitor the progress of the pending criminal action by seeking or obtaining updates no less frequently than every six months.
(ii)The board shall establish the process described in Subsection (1)(d)(i) by creating rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(e)When determining the hearing date under Subsection (1)(a), the board shall consider:
(i)the type and severity of offenses;
(ii)prior criminal history;
(iii)criminogenic risk factors; and
(iv)evidence-based assessments.
(a)Before reaching a final decision to release an offender under this chapter, the chair shall cause the offender to appear before the board, the board's panel, or an appointed hearing officer, who shall personally interview the offender to consider the offender's fitness for release and verify as far as possible information furnished from other sources.
(b)An offender may waive a personal appearance before the board.
(i)An offender outside of the state shall, if ordered by the board, submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in which the offender is housed in lieu of an appearance before the board.
(ii)The offender shall be promptly notified in writing of the board's decision.
(a)In the case of an offender convicted of violating or attempting to violate any of the provisions of Section 76-5-301.1 , Subsection 76-5-302 (2)(b)(vi), Section 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 , the chair may appoint one or more licensed mental health professionals who shall examine the offender within six months prior to a hearing at which an original parole date is granted on any offense listed in this Subsection (3).
(i)The licensed mental health professional shall report in writing the results of the examination to the board prior to the hearing.
(ii)The report of the appointed licensed mental health professional shall specifically address the question of the offender's current mental condition and attitudes as they relate to any danger the offender may pose to children or others if the offender is released on parole.
(4)A parolee may petition the board for termination of lifetime parole as provided in Section 76-3-202 in the case of a parolee convicted of a first degree felony violation, or convicted of attempting to violate Section 76-5-301.1 , Subsection 76-5-302 (2)(b)(vi), Section 76-5-402 , 76-5-402.1 , 76-5-402.2 , 76-5-402.3 , 76-5-403 , 76-5-403.1 , 76-5-404.1 , 76-5-404.3 , or 76-5-405 , and released on parole before January 1, 2019.
(5)In a case in which an offender's mental competency is questioned by the board, the chair may appoint one or more licensed mental health professionals to examine the offender and report in writing to the board, specifically addressing the issue of competency.
(6)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules governing:
(a)the hearing process;
(b)licensed mental health professional examinations; and
(c)parolee petitions for termination of parole.
Amended by Chapter 144 , 2024 General Session
Amended by Chapter 145 , 2024 General Session
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