Title 77, Criminal Procedure

77-27-11. Revocation of parole. (1) The board may revoke the parole of any individual who is found to have violated any condition of the individual's parole. (2)(a) If a parolee is confined by the department or any law enforcement official for a suspected violation of parole, the…

77-27-12. Parole discharge--Sentence termination. Any person released on parole shall be discharged from parole or have the person's sentence terminated subject to the conditions and limitations contained in Section 76-3-202.

77-27-13. Board of Pardons and Parole -- Duties of the judiciary, the Department of Corrections, and law enforcement -- Removal of material from files. (1) The chief executive officer and employees of each penal or correctional institution shall cooperate fully with the board, pe…

77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions. (1)(a) There is created the Board of Pardons and Parole. (b) The board shall consist of five full-time members and not more than five pro tempore members to be appointed by the governor with the advice…

77-27-24. Out-of-state supervision of probationers and parolees -- Compacts. The governor of this state is authorized to execute a compact on behalf of the State of Utah with any other state legally joining therein. "State," as used in this section, includes any state, territory …

77-27-25. Amendments to interstate compact -- Transfer of prisoners -- Costs -- Supplementary agreements. The governor is authorized, on behalf of the state, to execute amendments to the compacts provided for in Section 77-27-24, with any other state legally joined therein. "Stat…

77-27-26. Deputization of agents to effect return of parole and probation violators. (1)(a) The official administrator of the interstate compact for the supervision of parolees and probationers is authorized and empowered to deputize any person to act as an officer and agent of t…

77-27-27. Retaking or reincarceration for parole or probation violations -- Hearing and notice to sending state -- Detention of parolee or probationer. Where supervision of a parolee or probationer is being administered pursuant to the interstate compact for the supervision of pa…

77-27-28. Hearing officer. Any hearing pursuant to this act shall be heard by the administrator of the interstate compact for the supervision of parolees and probationers, a deputy of the administrator, or any other person authorized pursuant to the laws of this state to hear cas…

77-27-29. Rights of parolee or probationer -- Record of proceedings. (1) With respect to any hearing pursuant to the Uniform Act for Out-of-State Supervision, the parolee or probationer shall have the following rights: (a) reasonable notice in writing of the nature and content of…

77-27-30. Violation by parolee or probationer supervised in another state -- Hearing in other state -- Procedure upon receipt of record from other state. In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the interstate …

77-27-32. Reporting requirements. (1) The board shall publicly display metrics on the board's website, including: (a) a measure of recidivism; (b) a measure of time under board jurisdiction; (c) a measure of prison releases by category; (d) a measure of parole revocations; (e) a …

77-27-4. Chairperson and vice chairperson. (1) The governor shall select one of the members of the board to serve as chairperson and board administrator at the governor's pleasure. The chairperson may exercise the duties and powers, in addition to those established by this chapte…

77-27-5. Board of Pardons and Parole authority. (1)(a) Subject to this chapter and other laws of the state, and except for a conviction for treason or impeachment, the board shall determine by majority decision when and under what conditions an offender's conviction may be pardon…

77-27-5.1. Board authority to order expungement. (1) Upon granting a pardon, the board shall issue an expungement order, directing any criminal justice agency to remove the recipient's identifying information relating to the expunged convictions from its records. (a) When a pardo…

77-27-5.2. Board authority to order removal from Sex, Kidnap, and Child Abuse Offender Registry. (1) If the board grants a pardon for a conviction described in Section 53-29-202 that is the basis for an individual's registration on the Sex, Kidnap, and Child Abuse Offender Regist…

77-27-5.3. Meritless and bad faith litigation. (1) For purposes of this section: (a) "Convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental condition, no contest, and conviction of any crime or offense. (b) "Prisoner" means a person w…

77-27-5.4. Earned time program. (1) The board shall establish an earned time program that reduces the period of incarceration for offenders who successfully complete specified programs, the purpose of which is to reduce the risk of recidivism. (2) The earned time program shall: (…

77-27-5.5. Review procedure -- Commutation. (1) The Board of Pardons and Parole may consider the commutation of a death sentence only to life without parole. (2) Only the person who has been sentenced to death or the sentenced person's counsel may petition the Board of Pardons an…

77-27-5.6. Pardon timelines for an offender on the Sex, Kidnap, and Child Abuse Offender Registry. (1) As used in this section: (a) "Division" means the Division of Juvenile Justice and Youth Services. (b) "Minor" means the same as that term is defined in Section 80-1-102. (c) "R…

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. (1) For an offender sentenced on or af…

77-27-7. Parole or hearing dates -- Interview -- Hearings -- Report of licensed mental health professional -- Mental competency -- Rulemaking authority. (1)(a) For an offender serving a sentence upon conviction of a felony or class A misdemeanor offense, the board shall: (i) with…

77-27-7.1. Appointment of counsel or lay representative -- Procedures. (1) If the board in the board's discretion determines that an offender within the board's jurisdiction is unable, due to physical, mental, or other circumstances, to meaningfully participate in a board hearing…

77-27-8. Record of hearing. (1) A verbatim record of proceedings before the Board of Pardons and Parole shall be maintained by a suitable electronic recording device, except when the board dispenses with a record in a particular hearing or a portion of the proceedings. (2) When t…

77-27-9. Parole proceedings. (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) Th…

77-27-9.5. Victim may attend hearings. (1) As used in this section, "hearing" means a hearing for a parole grant or revocation, or a rehearing of either of these if the offender is present. (2)(a) Except as provided in Subsection (2)(b), when a hearing is held regarding any offen…

77-27-9.7. Victim right to notification of release -- Notice by board. (1)(a) In accordance with Subsection 77-38-104(1)(p), the board shall notify a victim of the victim's right to be informed, upon request, of other releases of the offender under Section 64-13-14.7. (b) The boa…