Section 1. Section 77-27-1 is amended to read:77-27-1. Definitions.As used in this chapter:(1)"Appearance" means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview.(2)"Board" means the Board of Pardons and Parole.(3)(a)"Case action plan" means a document developed by the Department of Corrections that identifies the program priorities for the treatment of the offender.(b)"Case action plan" includes the criminal risk factors as determined by a risk and needs assessment conducted by the department.(4)"Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.(5)"Commutation" is the change from a greater to a lesser punishment after conviction.(6)"Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102.(7)"Criminal risk factors" means a person's characteristics and behaviors that:(a)affect that person's risk of engaging in criminal behavior; and(b)are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior.(8)(a)"Deliberative process" means the board or any number of the board's individual members together engaging in discussions, whether written or verbal, regarding a parole, a pardon, a commutation, termination of sentence, or fines, fees, or restitution in an individual case.(b)"Deliberative process" includes the votes, mental processes, written notes, and recommendations of individual board members and staff.(c)"Deliberative process" does not include:(i)a hearing where the offender is present;(ii)any factual record the board is considering, including records of the offender's criminal convictions, records regarding the offender's current or previous incarceration and supervision, and records regarding the offender's physical or mental health;(iii)recommendations regarding the offender's incarceration or supervision from any other individual, governmental entity, or agency;(iv)testimony received by the board regarding the offender, whether written or verbal; or(v)the board's decision or rationale for the decision.(9)"Department" means the Department of Corrections.(10)"Expiration" means when the maximum sentence has run.(11)"Family" means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian.(12)"Hearing" or "full hearing" means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board.(13)"Location," in reference to a hearing, means the physical location at which the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless of the location of any person participating by electronic means.(14)"Open session" means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means.(15)"Panel" means members of the board assigned by the chairperson to a particular case.(16)"Pardon" means:(a)an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;(b)the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and(c)the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense.(17)"Parole" means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence.(18)"Payment schedule" means the same as that term is defined in Section 77-32b-102.(19)"Pecuniary damages" means the same as that term is defined in Section 77-38b-102.(20)"Probation" means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions.(21)"Remit" or "remission" means the same as that term is defined in Section 77-32b-102.(22)"Reprieve" or "respite" means the temporary suspension of the execution of the sentence.(23)"Restitution" means the same as that term is defined in Section 77-38b-102.(24)"Termination" means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence.(25)"Victim" means:(a)a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or(b)the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter.(26)"Violent felony" means the same as that term is defined in Section 76-3-203.5.

Section 2. Section 77-27-5 is amended to read: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 pardoned or commuted.(b)The board shall determine by majority decision when and under what conditions an offender committed to serve a sentence at a penal or correctional facility, which is under the jurisdiction of the department, may:(i)be released upon parole;(ii)have a fine or forfeiture remitted;(iii)have the offender's criminal accounts receivable remitted in accordance with Section 77-32b-105 or 77-32b-106;(iv)have the offender's payment schedule modified in accordance with Section 77-32b-103; or(v)have the offender's sentence terminated.(c)The board shall prioritize public safety when making a determination under Subsection (1)(a) or (1)(b).(d)(i)The board may sit together or in panels to conduct hearings.(ii)The chair shall appoint members to the panels in any combination and in accordance with rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(iii)The chair may participate on any panel and when doing so is chair of the panel.(iv)The chair of the board may designate the chair for any other panel.(e)(i)Except after a hearing before the board, or the board's appointed examiner, in an open session, the board may not:(A)remit a fine or forfeiture for an offender or the offender's criminal accounts receivable;(B)release the offender on parole; or(C)commute, pardon, or terminate an offender's sentence.(ii)An action taken under this Subsection (1) other than by a majority of the board shall be affirmed by a majority of the board.(f)A commutation or pardon may be granted only after a full hearing before the board.(2)(a)In the case of a hearing, timely prior notice of the time and location of the hearing shall be given to the offender.(b)The county or district attorney's office responsible for prosecution of the case, the sentencing court, and law enforcement officials responsible for the defendant's arrest and conviction shall be notified of any board hearings through the board's website.(c)Whenever possible, the victim or the victim's representative, if designated, shall be notified of original hearings and any hearing after that if notification is requested and current contact information has been provided to the board.(d)(i)Notice to the victim or the victim's representative shall include information provided in Section 77-27-9.5, and any related rules made by the board under that section.(ii)The information under Subsection (2)(d)(i) shall be provided in terms that are reasonable for the lay person to understand.(2)(a)If a hearing is held in accordance with Subsection (1), the board shall provide:(i)timely notice of the time and location of the upcoming hearing to the offender;(ii)timely notice as described in Subsection (2)(b) of an upcoming hearing related to an offender to:(A)the county or district attorney's office responsible for prosecution of the offender's case;(B)the court that sentenced the offender; and(C)the law enforcement agency that initially arrested the offender; and(iii)timely notice to the victim or the victim's representative of the time and location of the upcoming hearing that meets the requirements described in Section 77-27-9.5.(b)(i)Except as provided in Subsection (2)(b)(ii), the board shall provide the notification described in Subsection (2)(a)(ii) at least 30 days before the day on which the hearing will be held to the county or district attorney's office, the court, and the law enforcement agency by:(A)publishing the notification on the board's website;(B)emailing a notification to the applicable attorney's office, court, and law enforcement agency;(C)sending through certified mail a written copy of the notification to the applicable attorney's office, court, and law enforcement agency; and(D)if applicable, sending the notification through a secure electronic portal that the board and the applicable attorney's office, court, or law enforcement agency share.(ii)If the board determines that circumstances require an expedited hearing resulting in the board being unable to comply with the 30-day requirement described in Subsection (2)(b)(i), the board:(A)is not required to comply with the 30-day notification requirement; and(B)shall, in addition to the requirements of Subsections (2)(b)(i)(A) through (D), verbally notify the applicable attorney's office, court, and law enforcement agency as soon as practicable to inform the attorney's office, court, and law enforcement agency of the upcoming hearing.(3)(a)A decision by the board is final and not subject for judicial review if the decision is regarding:(i)a pardon, parole, commutation, or termination of an offender's sentence;(ii)restitution, the modification of an offender's payment schedule for restitution, or an order for costs; or(iii)the remission of an offender's criminal accounts receivable or a fine or forfeiture.(b)Deliberative processes are not public and the board is exempt from Title 52, Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's deliberative process.(c)Pursuant toIn accordance with Subsection 63G-2-103(25)(b)(xii), records of the deliberative process are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.(d)Unless it will interfere with a constitutional right, deliberative processes are not subject to disclosure, including discovery.(e)Nothing in this section prevents the obtaining or enforcement of a civil judgment.(4)(a)This chapter may not be construed as a denial of or limitation ofdoes not deny or limit the governor's power to grant respite or reprieves in all cases of convictions for offenses against the state, except treason or conviction on impeachment.(b)Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the next session of the board.(c)At the next session of the board, the board:(i)shall continue or terminate the respite or reprieve; or(ii)may commute the punishment or pardon the offense as provided.(d)In the case of conviction for treason, the governor may suspend execution of the sentence until the case is reported to the Legislature at the Legislature's next session.(e)The Legislature shall pardon or commute the sentence or direct the sentence's execution.(5)(a)In determining when, where, and under what conditions an offender serving a sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's criminal accounts receivable remitted, or have the offender's sentence commuted or terminated, the board shall:(i)consider whether the offender has made restitution ordered by the court under Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or termination of the offender's sentence;(ii)except as provided in Subsection (5)(b), develop and use a list of criteria for making determinations under this Subsection (5);(iii)consider information provided by the department regarding an offender's individual case action plan; and(iv)review an offender's status within 60 days after the day on which the board receives notice from the department that the offender has completed all of the offender's case action plan components that relate to activities that can be accomplished while the offender is imprisoned.; and(v)if considering whether to parole an offender who has previously been paroled and had the parole terminated due to the commission of a new criminal offense by the offender, consider the facts and circumstances of the new criminal offense when determining whether the offender should be paroled again.(b)The board shall determine whether to remit an offender's criminal accounts receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.(6)In determining whether parole may be terminated, the board shall consider:(a)the offense committed by the parolee; and(b)the parole period under Section 76-3-202, and in accordance with Section 77-27-13.(7)For an offender placed on parole after December 31, 2018, the board shall terminate parole in accordance with the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the requirements of the law.(8)(a)TheWhen determining whether parole should be granted or terminated for an offender, the board may not:(i) rely solely on an algorithm or a risk assessment tool score in determining whether parole should be granted or terminated for an offender.;(ii)consider prison capacity, bed availability, or institutional population levels; or(iii)parole an offender who has not completed treatment or programming that was ordered to be completed while the offender is incarcerated.(b)Subsection (8)(a)(ii) does not apply to decisions on releases made under Section 64-13-38.(9)The board may intervene as a limited-purpose party in a judicial or administrative proceeding, including a criminal action, to seek:(a)correction of an order that has or will impact the board's jurisdiction; or(b)clarification regarding an order that may impact the board's jurisdiction.(10)A motion to intervene brought under Subsection (9)(a) shall be raised within 60 days after the day on which a court enters the order that impacts the board's jurisdiction.

Section 3. Section 77-27-5.6 is enacted to read: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)"Registry" means the Sex, Kidnap, and Child Abuse Offender Registry created in Section 53-29-102.(d)"Sex offender" means the same as that term is defined in Section 53-29-101.(2)The board may only consider issuing a pardon to an offender for an offense that requires the offender to register as a sex offender on the registry if:(a)for an offender who is required to register for 10 years under Subsection 53-29-203(1)(a), 10 years have passed after the later of:(i)the day on which the offender was placed on probation;(ii)the day on which the offender was released from incarceration to parole;(iii)the day on which the offender's sentence was terminated without parole;(iv)the day on which the offender entered a community-based residential program; or(v)for a minor, the day on which the division's custody of the offender was terminated; or(b)for an offender who is required to register for the offender's lifetime under Subsection 53-29-203(1)(b), 20 years have passed after the later of:(i)the day on which the offender was placed on probation;(ii)the day on which the offender was released from incarceration to parole;(iii)the day on which the offender's sentence was terminated without parole;(iv)the day on which the offender entered a community-based residential program; or(v)for a minor, the day on which the division's custody of the offender was terminated.

Section 4. Section 77-27-9 is amended to read: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)The board may not release any offender before the minimum term has been served unless the board:(i) finds mitigating circumstances which justify the release;(ii)finds by clear and convincing evidence that the offender is no longer a threat to public safety; and(iii) unless the board has grantedholds a full hearing, in open session, after previous notice of the time and location of the hearing, and recorded the proceedings and decisions of the board.(c)The board may not parole any offender or terminate the sentence of any offender unless the board has granted a full hearing, in open session, after previous notice of the time and location of the hearing, and recorded the proceedings and decisions of the board.(d)The release of an offender shall be at the initiative of the board, which shall consider each case as the offender becomes eligible. However, a prisoner may submit the prisoner's own application, subject to the rules of the board promulgated in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(2)(a)An individual sentenced to prison prior tobefore April 29, 1996, for a first degree felony involving child kidnapping, a violation of Section 76-5-301.1; aggravated kidnapping, a violation of Section 76-5-302; rape of a child, a violation of Section 76-5-402.1; object rape of a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of Section 76-5-403.1; aggravated sexual abuse of a child, a violation of Section 76-5-404.3; aggravated sexual assault, a violation of Section 76-5-405; or a prior offense as described in Section 76-3-407, may not be eligible for release on parole by the Board of Pardons and Parole until the offender has fully completed serving the minimum mandatory sentence imposed by the court. This Subsection (2)(a) supersedes any other provision of law.(b)The board may not parole any offender or commute or terminate the sentence of any offender before the offender has served the minimum term for the offense, if the offender was sentenced prior tobefore April 29, 1996, and if:(i)the offender was convicted of forcible sexual abuse, forcible sodomy, rape, aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Individual; and(ii)the victim of the offense was under 18 years old at the time the offense was committed.(c)For a crime committed on or after April 29, 1996, but before January 1, 2019, the board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as provided in this section.(d)The board may not pardon or parole any offender or commute or terminate the sentence of any offender who is sentenced to life in prison without parole except as provided in Subsection (7).(e)On or after April 27, 1992, theThe board may commute a sentence of death only to a sentence of life in prison without parole.(f)The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come before the Board of Pardons and Parole on or after April 27, 1992.(g)The board may not parole any offender convicted of a homicide unless:(i)the remains of the victim have been recovered; or(ii)the offender can demonstrate by a preponderance of the evidence that the offender has cooperated in good faith in efforts to locate the remains.(h)Subsection (2)(g) applies to any offender convicted of a homicide after February 25, 2021, or any offender who was incarcerated in a correctional facility on or after February 25, 2021, for a homicide offense.(i)The board may not re-parole an offender from a period of incarceration imposed by a conviction if:(i)the offender has previously been paroled under that conviction; and(ii)the offender's previous parole was revoked because the offender was charged with committing a violent felony during the time the offender was paroled.(3)The board may rescind:(a)an inmate's prison release date prior tobefore the inmate being released from custody; or(b)an offender's termination date from parole prior tobefore the offender being terminated from parole.(4)(a)The board may issue subpoenas to compel the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony for the purpose of any investigation by the board or any of the board's members or by a designated hearing examiner in the performance of the board's duties.(b)A person who willfully disobeys a properly served subpoena issued by the board is guilty of a class B misdemeanor.(5)(a)The board may adopt rules consistent with law for the board's government, meetings and hearings, the conduct of proceedings before the board, the parole and pardon of offenders, the commutation and termination of sentences, and the general conditions under which parole may be granted and revoked.(b)The rules shall ensure an adequate opportunity for victims to participate at hearings held under this chapter, as provided in Section 77-27-9.5.(c)The rules may allow the board to establish reasonable and equitable time limits on the presentations by all participants in hearings held under this chapter.(6)The board does not provide counseling or therapy for victims as a part of their participation in any hearing under this chapter.(7)The board may parole a person sentenced to life in prison without parole if the board finds by clear and convincing evidence that the person is permanently incapable of being a threat to the safety of society.

Section 5. Section 77-27-9.5 is amended to read:77-27-9.5. Victim rights regarding 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)(1)(a)Except as provided in Subsection (2)(b)(1)(b), when a hearing is held regarding any offense committed by the defendant that involved the victim, the victim may attend the hearing to present the victim's views concerning the decisions to be made regarding the defendant.(b)(i)The victim may not attend a redetermination or special attention hearing if the offender is not present.(ii)At that redetermination or special attention hearing, the board shall give consideration to any presentation previously given by the victim regarding that offender.(3)(2)(a)(i)TheExcept as provided in Subsection (2)(a)(ii), the board shall send timelyprovide notice of the hearing to the victim as provided in Subsection (3)(c)Subsections (2)(b) through (e) at least 30 days before the day on which the hearing will be held.(ii)If the board determines that circumstances require an expedited hearing resulting in the board being unable to comply with the 30-day notice requirement described in Subsection (2)(a)(i), the board is not required to comply with the 30-day notice requirement but shall send the notice to the victim as soon as practicable to ensure that the victim has adequate notice of the upcoming hearing.(b)The notice described in Subsection (2)(a) shall be provided in terms that a reasonable lay person can understand and include:(i)the date, time, and location of the hearing;(ii)a clear statement of the reason for the hearing, including all offenses involved;(iii)the statutes and rules applicable to the victim's participation in the hearing;(iv)the address and telephone number of an office or person the victim may contact for further explanation of the procedure regarding victim participation in the hearing; and(v)specific information about how, when, and where the victim may obtain the results of the hearing.(c)The board may notify a victim through the board's website or through the mail or other electronic means available to the board.(d)If the victim requests that a notification occur using a specific method offered by the board, the board shall make reasonable efforts to accommodate that request.(e)If the victim is deceased, or the board is otherwise unable to contact the victim, the board shall make reasonable efforts to notify the victim's immediate family of the hearing.(f)The victim may communicate with the board for consideration of continuance of the hearing if travel or other significant conflict prohibits the victim's attendance at the hearing.(4)(3)The victim, or family members if the victim is deceased or unable to attend due to physical incapacity, may:(a)attend the hearing to observe;(b)make a statement to the board, or the board's appointed examiner, in person or through a representative appointed by the victim or the victim's family; and(c)remain present for the hearing if the victim appoints another to make a statement on the victim's behalf.(5)(4)The statement may be presented:(a)as a written statement, which may also be read aloud, if the presenter desires; or(b)as an oral statement presented by the person selected under Subsection (4)(3).(6)(5)The victim may be accompanied by a member of his family or another individual, present to provide emotional support to the victim.(7)(6)The victim may, upon request, testify outside the presence of the defendantoffender but a separate hearing may not be held for this purpose.(8)(7)(a)If a victim does not attend a hearing, the victim may provide a written statement that complies with board rules.(b)If the victim does not offer a verbal or written statement at the time of the hearing, the board shall consider any statement from the victim that was previously provided to the board.(c)The board may not afford a written statement provided by a victim less weight than a verbal statement solely because the statement is written.(8)(a)If a victim or a family members of a victim provides a written statement:(i)the statement and any copy of the statement shall remain in the care, custody, and control of the board; and(ii)the board may not allow an offender to take possession of the written statement or copy of the written statement.(b)Subject to Subsection (8)(c), before a hearing in which the written statement described in Subsection (8)(a) is relevant, the board shall allow the offender an adequate opportunity to view and examine the statement in a location determined by the board.(c)During any review under Subsection (8)(b), the board shall ensure that the offender does not:(i)reproduce the written statement through any means; or(ii)retain or take possession of the written statement or a copy of the written statement.

Section 6. Section 77-27-9.7 is amended to read: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 board may provide the notification to the victim as described in Subsection 77-27-9.5(3)(c)77-27-9.5(2)(c).(2)The board may include the notification under Subsection (1) with the notification sent under Subsection 77-27-9.5(3).(3)The board shall coordinate with the Department of Corrections to ensure notice under this section is provided to a victim.

Section 7. Repealer.Short title.

Section 8. Effective Date.This bill takes effect on May 6, 2026.