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, 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.
(2) The Department of Corrections shall furnish pertinent information it has and shall
provide a copy of the pre-sentence report and any other investigative reports to the board. In all
cases where a pre-sentence report has not been completed, the department shall make a
post-sentence report and shall provide a copy of it to the board as soon as possible. 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 its facilities available to the board to carry out its
functions.
(4) Law enforcement officials responsible for the offender's arrest, conviction, and
sentence shall furnish all pertinent data requested by the board.
(5) (a) In all cases where an indeterminate sentence is imposed, the judge imposing the
sentence may within 30 days from the date of the sentence, mail to the chief executive of the
board a statement in writing setting out the term for which, in his opinion, the offender sentenced
should be imprisoned, and any information he may have regarding the character of the offender or
any mitigating or aggravating circumstances connected with the offense for which the offender
has been convicted. In addition, the prosecutor shall in all cases, within 30 days from the date of
sentence, forward in writing to the chief executive of the board a full and complete description of
the crime, a written record of any plea bargain entered into, a statement of the mitigating or
aggravating circumstances or both, all investigative reports, a victim impact statement referring to
physical, mental, or economic loss suffered, and any other information the prosecutor believes
will be relevant to the board. These statements shall be preserved in the files of the board.
(b) Notwithstanding Subsection (5)(a), the board may remove from its files any:
(i) statement that it is not going to rely on in its decisionmaking process;
(ii) information found to be incorrect by a court, the Board of Pardons and Parole, or
administrative agency; or
(iii) duplicative materials.
(6) The chief executive officer of any penal or correctional institution shall permit
offenders to send mail to the board without censorship.
Amended by Chapter 171, 1998 General Session
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Last revised: Wednesday, October 08, 2008