H.B. 51

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TOLLING A CRIMINAL SENTENCE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Greg J. Curtis
5 AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING FOR THE TOLLING OF A
6 SENTENCE OR PERIOD OF PAROLE WHILE SERVING TIME IN A CONFINEMENT
7 FACILITY OUTSIDE THE STATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-3-202, as last amended by Chapter 100, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-3-202 is amended to read:
13 76-3-202. Paroled persons -- Termination or discharge from sentence -- Time served
14 on parole -- Discretion of Board of Pardons and Parole.
15 (1) Except as otherwise provided in this section, every person committed to the state
16 prison to serve an indeterminate term and later released on parole shall, upon completion of three
17 years on parole outside of confinement and without violation, be terminated from his sentence
18 unless the person is earlier terminated by the Board of Pardons and Parole. Any person who
19 violates the terms of his parole, while serving parole, shall at the discretion of the Board of
20 Pardons and Parole be recommitted to prison to serve the portion of the balance of his term as
21 determined by the Board of Pardons and Parole, but not to exceed the maximum term.
22 (2) Every person convicted of a second degree felony for violating Section 76-5-404 or
23 76-5-404.1, or attempting to violate any of those sections, upon completion of ten years parole
24 outside of confinement and without violation, shall be terminated from his sentence unless the
25 person is earlier terminated by the Board of Pardons and Parole. Any person who violates the
26 terms of his parole, while serving parole, shall at the discretion of the Board of Pardons and Parole
27 be recommitted to prison to serve the portion of the balance of his term as determined by the Board

1 of Pardons and Parole, but not to exceed the maximum term.
2 (3) Every person convicted of a first degree felony for violating Section 76-5-301.1,
3 Subsection 76-5-302(1)(e), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403,
4 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate any of those sections, shall complete
5 a term of lifetime parole outside of confinement and without violation unless the person is earlier
6 terminated by the Board of Pardons and Parole. Any person who violates the terms of his parole,
7 while serving parole, shall at the discretion of the Board of Pardons and Parole be recommitted to
8 prison to serve the portion of the balance of his term as determined by the Board of Pardons and
9 Parole, but not to exceed the maximum term.
10 (4) Any person paroled following a former parole revocation may not be discharged from
11 his sentence until either:
12 (a) he has served three years or ten years as provided in Subsection (2) on parole outside
13 of confinement and without violation, or in the case of a person convicted of a first degree felony
14 violation of Section 76-5-301.1, Subsection 76-5-302(1)(e), Section 76-5-402, 76-5-402.1,
15 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate
16 any of those sections, lifetime parole outside of confinement and without violation;
17 (b) his maximum sentence has expired; or
18 (c) the Board of Pardons and Parole so orders.
19 (5) (a) All time served on parole, outside of confinement and without violation constitutes
20 service of the total sentence but does not preclude the requirement of serving a three-year, ten-year,
21 or lifetime parole term, as the case may be, outside of confinement and without violation.
22 (b) Any time a person spends outside of confinement after commission of a parole
23 violation does not constitute service of the total sentence unless the person is exonerated at a
24 hearing to revoke the parole.
25 (c) Any time spent in confinement awaiting a hearing before the Board of Pardons and
26 Parole or a decision by the board concerning revocation of parole constitutes service of the
27 sentence. In the case of exoneration by the board, the time spent shall be included in computing
28 the total parole term.
29 (6) When any parolee without authority from the Board of Pardons and Parole absents
30 himself from the state or avoids or evades parole supervision, the period of absence, avoidance,
31 or evasion tolls the parole period.

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1 (7) While on parole, time spent in confinement outside the state may not be credited
2 toward the service of any Utah sentence. Time in confinement outside the state for a conviction
3 obtained in another jurisdiction shall toll the expiration of the Utah sentence.
4 [(7)] (8) This section does not preclude the Board of Pardons and Parole from paroling or
5 discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless
6 otherwise specifically provided by law.
7 [(8)] (9) The parolee may petition the Board of Pardons and Parole for termination of
8 lifetime parole as provided by Section 76-3-202 in the case of a person convicted of a first degree
9 felony violation Section 76-5-301.1, Subsection 76-5-302(1)(e), Section 76-5-402, 76-5-402.1,
10 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate
11 any of those sections.




Legislative Review Note
as of 12-27-96 9:47 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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