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H.B. 44 Enrolled

    

CONCURRENT AND CONSECUTIVE

    
SENTENCING LIMITATIONS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Neal B. Hendrickson

    AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING FOR CLARIFICATION
    WHEN A COMMITMENT ORDER IS UNCLEAR; DEFINING "IMPRISONED"; AND
    MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         76-3-401, as last amended by Chapter 139, Laws of Utah 1995
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 76-3-401 is amended to read:
         76-3-401. Concurrent or consecutive sentences -- Limitations -- Definition.
        (1) A court shall determine, if a defendant has been adjudged guilty of more than one
    felony offense, whether to impose concurrent or consecutive sentences for the offenses. Sentences
    for state offenses shall run concurrently unless the court states in the sentence that they shall run
    consecutively.
        (2) The court shall order that sentences for state offenses [shall] run consecutively if the
    [new] later offense is committed while the defendant is imprisoned or on parole unless the court
    finds and states on the record that consecutive sentencing would be inappropriate.
        (3) If an order of commitment does not clearly state whether the sentences shall run
    consecutively or concurrently, and the Board of Pardons and Parole has reason to believe that the
    later offense occurred while the person was imprisoned or on parole for the earlier offense, the
    board shall request clarification from the court. Upon receipt of the request, the court shall enter
    an amended order of commitment stating whether the sentences are to run consecutively or
    concurrently.
        [(3)] (4) A court shall consider the gravity and circumstances of the offenses and the
    history, character, and rehabilitative needs of the defendant in determining whether to impose

    consecutive sentences.
        [(4)] (5) A court may impose consecutive sentences for offenses arising out of a single
    criminal episode as defined in Section 76-1-401.
        [(5)] (6) If a court imposes consecutive sentences, the aggregate maximum of all sentences
    imposed may not exceed 30 years imprisonment. However, this limitation does not apply if an
    offense for which the defendant is sentenced authorizes the death penalty or a maximum sentence
    of life imprisonment.
        [(6)] (7) The limitation in Subsection [(5)] (6) applies if a defendant:
        (a) is sentenced at the same time for more than one offense;
        (b) is sentenced at different times for one or more offenses, all of which were committed
    prior to imposition of sentence for any one or more of them; or
        (c) has already been sentenced by a court of this state other than the present sentencing court
    or by a court of another state or federal jurisdiction.
        [(7)] (8) In determining the effect of consecutive sentences and the manner in which they
    shall be served, the Board of Pardons and Parole shall treat the defendant as though he has been
    committed for a single term that shall consist of the aggregate of the validly imposed prison terms
    as follows:
        (a) if the aggregate maximum term exceeds the 30-year limitation, the maximum sentence
    is considered to be 30 years; and
        (b) when indeterminate sentences run consecutively, the minimum term, if any, constitutes
    the aggregate of the validly imposed minimum terms.
        [(8)] (9) When a sentence is imposed or sentences are imposed to run concurrently with the
    other or with a sentence presently being served, the lesser sentence shall merge into the greater and
    the greater shall be the term to be served. If the sentences are equal and concurrent, they shall merge
    into one sentence with the most recent conviction constituting the time to be served.
        [(9)] (10) This section may not be construed to restrict the number or length of individual
    consecutive sentences that may be imposed or to affect the validity of any sentence so imposed, but
    only to limit the length of sentences actually served under the commitments.

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        [(10)] (11) This section may not be construed to limit the authority of a court to impose
    consecutive sentences in misdemeanor cases.
        (12) As used in this section, "imprisoned" means sentenced and committed to a secure
    correctional facility as defined in Section 64-13-1, the sentence has not been terminated or voided,
    and the person is not on parole, regardless of where the person is located.

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