S.B. 222

1

BOARD OF PARDONS AND PAROLE HEARING
2 REQUIREMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Scott N. Howell
6 AN ACT RELATING TO BOARD OF PARDONS AND PAROLE; CLARIFYING CERTAIN
7 VICTIM RIGHTS REGARDING PAROLE HEARINGS; AND MAKING TECHNICAL
8 CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 77-27-9.5, as last amended by Chapter 13, Laws of Utah 1994
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 77-27-9.5 is amended to read:
14 77-27-9.5. Victim may attend hearings.
15 (1) [(a)] As used in this section, "hearing" means a hearing for a parole grant or revocation,
16 or a rehearing of either of these if the offender is present.
17 [(b) At a redetermination or special attention hearing, if the offender is not present, the
18 victim is not permitted to be present. However, under this subsection the board shall give
19 consideration to any presentation previously given by the victim, regarding that offender.]
20 (2) [When] (a) Except as provided in Subsection (2)(b), when a hearing is held regarding
21 any offense committed by the defendant that involved the victim, the victim may attend the
22 hearing to present his views concerning the decisions to be made regarding the defendant.
23 (b) (i) The victim may S h [[] not []] h s attend a redetermination or special attention
23a hearing S h [[] , if the
24 offender is not present []] h s . h [ S IF THE VICTIM ATTENDS A REDETERMINATION OR SPECIAL
24a ATTENTION HEARING, THE OFFENDER MUST BE PRESENT. s ] h
25 (ii) At that redetermination or special attention hearing, the board shall give consideration
26 to any presentation previously given by the victim regarding that offender.
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Amended on 3_March 2, 1998

Amend on 2_goldenrod February 27, 1998 27 (3) (a) S [ [ ] s The notice of the hearing shall be timely sent to S [ ] At least 30 days before
27a any ] s

lilac-March 4, 1998

1 S [ hearing, the board shall send notice of the hearing to ] s the victim at his most recent address of
1a record
2 with the board [of Pardons and Parole].
3 (b) The notice shall include:
4 [(a)] (i) the date, time, and location of the hearing;
5 [(b)] (ii) a clear statement of the reason for the hearing, including all offenses involved;
6 [(c)] (iii) the statutes and rules applicable to the victim's participation in the hearing; [and]
7 [(d)] (iv) the address and telephone number of an office or person the victim may contact
8 for further explanation of the procedure regarding victim participation in the hearing[.]; and
9 (v) specific information about how, when, and where the victim may obtain the results of
10 the hearing.
11 (c) If the victim is dead, or the board is otherwise unable to contact the victim, the board
12 shall make reasonable efforts to notify the victim's immediate family of the hearing.
12a S (d) THE VICTIM MAY COMMUNICATE WITH THE BOARD FOR CONSIDERATION OF
12b CONTINUANCE OF THE HEARING IF TRAVEL OR OTHER SIGNIFICANT CONFLICT PROHIBITS THEIR
12c ATTENDANCE AT THE HEARING. s
13 (4) The victim, or family members if the victim is deceased or unable to attend due to
14 physical incapacity, may:
15 (a) attend the hearing to observe;
16 (b) make a statement to the board or its appointed examiner either in person or through a
17 representative appointed by the victim or his family; and
18 (c) remain present for the hearing if he appoints another to make a statement on his behalf.
19 (5) The statement may be presented:
20 (a) as a written statement, which may also be read aloud, if the presenter desires; or
21 (b) as an oral statement presented by the person selected under Subsection (4).
22 (6) The victim may be accompanied by a member of his family or another individual,
23 present to provide emotional support to the victim.
24 (7) The victim may S h [[] , upon request, []] h s testify outside the presence of the
24a defendant but a
25 separate hearing may not be held for this purpose.


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Amended on 3_March 2, 1998

Amend on 2_goldenrod February 27, 1998 - 2 -

lilac-March 4, 1998

Legislative Review Note
as of 2-11-98 1:51 PM

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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