H.B. 300

1

VICTIM REPARATIONS AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Eric K. Hutchings
5
6 LONG TITLE
7 General Description:
8 This bill amends the role of the Board of Pardons and Parole in ordering restitution for
9 parolees.
10 Highlighted Provisions:
11 This bill:
12 . places the authority to determine restitution with the courts;
13 . allows the Board of Pardons and Parole to order restitution as determined by the
14 courts; and
15 . requires the Board of Pardons and Parole to send notice to the court prior to the
16 termination of a sentence or parole when a parolee owes outstanding fines,
17 restitution, or other assessed costs.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 77-27-5, as last amended by Chapter 35, Laws of Utah 2002
25 77-27-6, as last amended by Chapter 35, Laws of Utah 2002
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 77-27-5 is amended to read:
29 77-27-5. Board of Pardons and Parole authority.
30 (1) (a) The Board of Pardons and Parole shall determine by majority decision when and
31 under what conditions, subject to this chapter and other laws of the state, persons committed to
32 serve sentences in class A misdemeanor cases at penal or correctional facilities which are under
33 the jurisdiction of the Department of Corrections, and all felony cases except treason or
34 impeachment or as otherwise limited by law, may be released upon parole, pardoned,
35 [restitution ordered,] or have their fines, forfeitures, or restitution remitted, or their sentences
36 commuted or terminated.
37 (b) The board may sit together or in panels to conduct hearings. The chair shall
38 appoint members to the panels in any combination and in accordance with rules promulgated
39 by the board, except in hearings involving commutation and pardons. The chair may
40 participate on any panel and when doing so is chair of the panel. The chair of the board may
41 designate the chair for any other panel.
42 (c) No [restitution may be ordered, no] fine, forfeiture, or restitution may be remitted,
43 no parole, pardon, or commutation granted or sentence terminated, except after a full hearing
44 before the board or the board's appointed examiner in open session. Any action taken under
45 this subsection other than by a majority of the board shall be affirmed by a majority of the
46 board.
47 (d) A commutation or pardon may be granted only after a full hearing before the board.
48 (e) The board [shall determine] may order restitution in an amount that does not exceed
49 complete restitution [if] as determined by the court in accordance with Section 77-38a-302 .
50 (2) (a) In the case of original parole grant hearings, rehearings, and parole revocation
51 hearings, timely prior notice of the time and place of the hearing shall be given to the
52 defendant, the county or district attorney's office responsible for prosecution of the case, the
53 sentencing court, law enforcement officials responsible for the defendant's arrest and
54 conviction, and whenever possible, the victim or the victim's family.
55 (b) Notice to the victim, his representative, or his family shall include information
56 provided in Section 77-27-9.5 , and any related rules made by the board under that section.
57 This information shall be provided in terms that are reasonable for the lay person to
58 understand.

59 (3) Decisions of the board in cases involving paroles, pardons, commutations or
60 terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
61 subject to judicial review. Nothing in this section prevents the obtaining or enforcement of a
62 civil judgment, including restitution as provided in Section 77-27-6 .
63 (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
64 power to grant respite or reprieves in all cases of convictions for offenses against the state,
65 except treason or conviction on impeachment. However, respites or reprieves may not extend
66 beyond the next session of the Board of Pardons and Parole and the board, at that session, shall
67 continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the
68 offense as provided.
69 (b) In the case of conviction for treason, the governor may suspend execution of the
70 sentence until the case is reported to the Legislature at its next session. The Legislature shall
71 then either pardon or commute the sentence, or direct its execution.
72 (5) In determining when, where, and under what conditions offenders serving sentences
73 may be paroled, pardoned, [have restitution ordered,] or have their fines or forfeitures remitted,
74 or their sentences commuted or terminated, the board shall consider whether the persons have
75 made or are prepared to make restitution as ascertained in accordance with the standards and
76 procedures of Section 77-38a-302 , as a condition of any parole, pardon, remission of fines or
77 forfeitures, or commutation or termination of sentence.
78 (6) In determining whether parole may be terminated, the board shall consider the
79 offense committed by the parolee, the parole period as provided in Section 76-3-202 , and
80 information provided in accordance with Section 77-27-13 .
81 Section 2. Section 77-27-6 is amended to read:
82 77-27-6. Payment of restitution.
83 (1) When the Board of Pardons and Parole orders the release on parole of an inmate
84 who has been sentenced to make restitution pursuant to Title 77, Chapter 38a, Crime Victims
85 Restitution Act, or whom the board has ordered to make restitution, and all or a portion of
86 restitution is still owing, the board may establish a schedule, including both complete and
87 court-ordered restitution, by which payment of the restitution shall be made, or order
88 compensatory or other service in lieu of or in combination with restitution. In fixing the
89 schedule and supervising the paroled offender's performance, the board may consider the

90 factors specified in Section 77-38a-302 .
91 (2) (a) The board may impose any court order for restitution [and order that a defendant
92 make restitution in an amount not to exceed the pecuniary damages to the victim of the offense
93 of which the defendant has been convicted, the victim of any other criminal conduct admitted
94 to by the defendant to the sentencing court, or for conduct for which the defendant has agreed
95 to make restitution as part of a plea agreement,] unless the board applying the criteria as set
96 forth in Section 77-38a-302 determines that restitution is inappropriate.
97 (b) Any restitution order must be executed prior to the termination of a sentence and
98 parole.
99 (3) The board may also make orders of restitution for recovery of any or all costs
100 incurred by the Department of Corrections or the state or any other agency arising out of the
101 defendant's needs or conduct.
102 (4) If the defendant, upon termination of the parole period owes outstanding fines,
103 restitution, or other assessed costs not already addressed by the court under Section
104 77-38a-401 , the matter shall be referred to the district court for civil collection remedies. The
105 Board of Pardons and Parole shall [forward a restitution order to the sentencing court to be
106 entered on the judgment docket. The entry shall constitute a lien and is subject to the same
107 rules as a judgment for money in a civil judgment] send notice to the court that a civil
108 collection order needs to be addressed under Section 77-38a-401 prior to the termination of a
109 sentence and parole.




Legislative Review Note
as of 2-10-04 3:52 PM

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

Office of Legislative Research and General Counsel