Title 77, Title 77: Criminal Procedure

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: "Division" means the Division of Juvenile Justice and Youth Services. "Minor" means the same as that term is defined in Section. 80-1-102 "Registry" mea…

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) For an offender serving a sentence upon conviction of a felony or class A misdemeanor offense, the board shall: within six …

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) 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) The board…

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) Except as provided in Subsection (2)(b), when a hearing is held regarding any offense …

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

77-28-1. Compact enacted into law -- Text of compact. The Western Interstate Corrections Compact as contained herein is enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:The party sta…

77-28-2. Department of Corrections -- Authority to transfer inmates. The Department of Corrections may transfer an inmate (as defined in Article II (d) of the Western Interstate Corrections Compact) to any institution within or without this state if this state has entered into a …

77-28-3. Duties and powers of courts, departments, agencies and officers in enforcing and effecting compact. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its…

77-28-4. Board of Pardons and Parole -- Authority to hold hearings. The Board of Pardons and Parole is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to Article IV (f) of the Western Interstate Corrections Compact. The b…

77-28-5. Governor -- Power to enter into contracts. The governor is empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to Article III thereof.

77-28a-1. Compact entered into law -- Text of compact. The interstate compact on corrections as contained herein is enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:The party states,…

77-28a-2. Department of Corrections -- Authority to transfer inmates. The Department of Corrections may transfer an inmate, as defined in Subparagraph (d) of Article II of the Interstate Corrections Compact, to any institution within or without this state if this state has entere…

77-28a-3. Duties and powers of courts, departments, agencies and officers in enforcing and effecting compact. The courts, departments, agencies and officers of this state and its political subdivisions shall enforce this Compact and shall do all things necessary and appropriate t…

77-28a-4. Board of Pardons and Parole -- Authority to hold hearings. The Board of Pardons and Parole is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to Article IV (a) of the Interstate Corrections Compact. The board is…

77-28a-5. Governor -- Power to enter into contracts. The governor is empowered to enter into such contracts on behalf of this state as may be appropriate to implement its participation in the Interstate Corrections Compact pursuant to Article III thereof.

77-28b-1. Definitions. (1) "Assurance" means a special condition concerning the confinement or release of an offender which must be met prior to the release of the offender. (2) "Offender" means a juvenile certified to be tried as an adult or an adult convicted of any criminal of…

77-28b-2. Director's authority. The director of the Department of Corrections may transfer offenders having foreign citizenship status to countries of citizenship under this chapter if a treaty exists between the United States and the foreign country.

77-28b-3. Eligibility criteria for international transfer. An offender must meet the following criteria before being considered for an international transfer: (1) the offender is a citizen of the receiving country; (2) the offender consents to transfer to the offender's country o…

77-28b-4. Role of the classification officer. (1) The classification officer of each correctional institution shall be provided with the eligibility requirements of each prisoner transfer treaty. (2) The classification officer shall forward Form I, Transfer Inquiry, to all offend…

77-28b-5. Role of institution warden. The warden shall sign Form III, Notice Regarding International Prisoner Transfer, and forward the application and the material required in Sectionin triplicate to the Department of Corrections Inmate Placement Program Bureau.

77-28b-6. Role of Inmate Placement Program Bureau. (1) The Department of Corrections Inmate Placement Program Bureau shall: investigate the request to ensure that all eligibility requirements are met; request a records check to verify records listed in Section; 77-28b-3 review ap…

77-28b-7. Role of director. (1) The director of the Department of Corrections shall review the application and materials. Upon the director's approval the application and materials shall be forwarded to the governor for authorization to transfer. (2) Applications that are not app…

77-28b-8. Referral to the United States Department of Justice, Office of International Affairs. (1) Upon receipt of the governor's authorization for international transfer, the application and materials shall be forwarded to the United States Department of Justice, Office of Inte…

77-28b-9. Transfer of offender. (1) If the inmate is accepted for international transfer by the United States Department of Justice, Office of International Affairs, the offender shall be transported by the Department of Corrections to the federal district court for a verificatio…

77-28c-101. Title. This chapter is known as the "Interstate Compact for Adult Offender Supervision."

77-28c-102. Preamble. Whereas: The Interstate Compact for the supervision of Parolees and Probationers was established in 1937, it is the earliest corrections "compact" established among the states and has not been amended since its adoption over 62 years ago;Whereas: This compac…

77-28c-103. Compact. (a) The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the by-laws and rules of this compact to travel across state lines both to and…

77-28c-104. Compact transfer procedures and requirements. (1) As used in this section: "Department" means the Department of Corrections. "Division" means the Division of Adult Probation and Parole created in Section. 64-14-202 "Interstate compact" means the Interstate Compact for…

77-28c-105. Compact for Adult Offender Supervision Restricted Account. (1) There is created within the General Fund, a restricted account known as the Interstate Compact for Adult Offender Supervision Restricted Account. (2) Money in the account shall consist of the compact appli…

77-28c-106. Warrants for offenders under the compact. (1) As used in this section: "Board" means the Board of Pardons and Parole established under Section. 77-27-2 "Division" means the Division of Adult Probation and Parole created in Section. 64-14-202 "Interstate compact" means…

77-28c-201. Authority of governor to join compact. The governor of Utah is authorized and directed to execute a compact on behalf of this state with any other state or states joining the Interstate Compact for Adult Offender Supervision as provided in Section.

77-29-10. Interstate agreement -- Duty of warden. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to deliver any inmate thereof whenever so required by the operation of the agreement on detainers.

77-29-11. Interstate agreement -- Attorney general as administrator and information agent. The attorney general is hereby designated as the officer who shall be the central administrator of and information agent for the agreement on detainers as provided in Article VII of the agr…

77-29-3. Chapter inapplicable to incompetent persons. The provisions of this chapter shall not apply to any person while adjudged to be incompetent to proceed under Chapter 15, Defendant's Competency to Proceed.

77-29-5. Interstate agreement on detainers -- Enactment into law -- Text of agreement. The interstate agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:The con…

77-29-6. Interstate agreement -- "Appropriate court" defined. The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean any court with criminal jurisdiction in the matter involved.

77-29-7. Interstate agreement -- Duty of state agencies and political subdivisions to cooperate. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with …

77-29-8. Interstate agreement -- Application of habitual criminal law. Nothing in the agreement on detainers shall be construed to require the application of the habitual criminal law of this state to any person as a result of any conviction had in a proceeding brought to final d…

77-29-9. Interstate agreement -- Escape of prisoner while in temporary custody. Escape or attempt to escape from custody, whether within or without this state, while in the temporary custody of an authority of another state acting pursuant to the agreement on detainers shall cons…

77-30-1. Definitions. Where appearing in this act, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor and any person performing the functions of governor in a sta…

77-30-10. Time to apply for habeas corpus allowed. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the arrested person shall have appointed to receive the arrested person unless the arrested person shall first be ta…

77-30-11. Penalty for disobedience of habeas corpus. Any officer who shall deliver to the agent for extradition of the demanding state a person in the officer's custody under the governor's warrant, in willful disobedience to Section, shall be guilty of a misdemeanor and on convi…