Utah Legislature HB0291S01

Representative Eric K. Hutchings proposes the following substitute bill:

1     SENTENCING COMMISSION LENGTH OF SUPERVISION
2     GUIDELINES
3     2018 GENERAL SESSION
4     STATE OF UTAH
5     Chief Sponsor: Eric K. Hutchings
6     Senate Sponsor: Daniel W. Thatcher
7

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Utah Code relating to probation and parole.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Utah Sentencing Commission to develop guidelines relating to the
14     length of supervision of adult offenders on probation or parole and to make
15     recommendations to the Legislature, the courts, and the governor;
16          ▸     provides that the length of an offender's probation or parole term may not exceed
17     the length of an offender's maximum sentence, unless the maximum sentence is one
18     year or less;
19          ▸     removes certain lifetime parole requirements;
20          ▸     modifies the circumstances under which an individual may be discharged following
21     a parole revocation;
22          ▸     removes the requirement that an offender found guilty with a mental illness and
23     placed on probation or parole must be supervised for at least five years;
24          ▸     removes the prohibition on termination of probation or parole resulting from a
25     driving under the influence conviction;

26          ▸     requires the Utah Board of Pardons and Parole and courts to terminate probation or
27     parole in accordance with the supervision length guidelines developed by the Utah
28     Sentencing Commission; and
29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          41-6a-505, as last amended by Laws of Utah 2017, Chapters 445 and 446
37          63M-7-404 (Superseded 07/01/18), as last amended by Laws of Utah 2015, Chapter
38     412
39          63M-7-404 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 330
40          63M-7-405, as last amended by Laws of Utah 2017, Chapter 377
41          64-13-21, as last amended by Laws of Utah 2015, Chapter 412
42          76-3-202, as last amended by Laws of Utah 2015, Chapter 412
43          77-16a-201, as last amended by Laws of Utah 2011, Chapter 366
44          77-16a-205, as last amended by Laws of Utah 2011, Chapter 366
45          77-18-1, as last amended by Laws of Utah 2017, Chapter 304
46          77-27-5, as last amended by Laws of Utah 2017, Chapter 475
47          77-27-7, as last amended by Laws of Utah 2008, Chapter 382
48          77-27-9, as last amended by Laws of Utah 2010, Chapter 110
49          77-27-11, as last amended by Laws of Utah 2015, Chapter 412
50

51     Be it enacted by the Legislature of the state of Utah:
52          Section 1. Section 41-6a-505 is amended to read:
53          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
54     drugs, or a combination of both violations.
55          (1) As part of any sentence for a first conviction of Section 41-6a-502:
56          (a) the court shall:

57          (i) (A) impose a jail sentence of not less than 48 consecutive hours; or
58          (B) require the [~~person~~] individual to work in a compensatory-service work program
59     for not less than 48 hours;
60          (ii) order the [~~person~~] individual to participate in a screening;
61          (iii) order the [~~person~~] individual to participate in an assessment, if it is found
62     appropriate by a screening under Subsection (1)(a)(ii);
63          (iv) order the [~~person~~] individual to participate in an educational series if the court does
64     not order substance abuse treatment as described under Subsection (1)(b);
65          (v) impose a fine of not less than $700;
66          (vi) order probation for the [~~person~~] individual in accordance with Section 41-6a-507,
67     if there is admissible evidence that the [~~person~~] individual had a blood alcohol level of .16 or
68     higher;
69          (vii) (A) order the [~~person~~] individual to pay the administrative impound fee described
70     in Section 41-6a-1406; or
71          (B) if the administrative impound fee was paid by a party described in Subsection
72     41-6a-1406(5)(a), other than the [~~person~~] individual sentenced, order the [~~person~~] individual
73     sentenced to reimburse the party; or
74          (viii) (A) order the [~~person~~] individual to pay the towing and storage fees described in
75     Section 72-9-603; or
76          (B) if the towing and storage fees were paid by a party described in Subsection
77     41-6a-1406(5)(a), other than the [~~person~~] individual sentenced, order the [~~person~~] individual
78     sentenced to reimburse the party; and
79          (b) the court may:
80          (i) order the [~~person~~] individual to obtain substance abuse treatment if the substance
81     abuse treatment program determines that substance abuse treatment is appropriate;
82          (ii) order probation for the person in accordance with Section 41-6a-507;
83          (iii) order the [~~person~~] individual to participate in a 24-7 sobriety program as defined in
84     Section 41-6a-515.5 if the person is 21 years of age or older; or
85          (iv) order a combination of Subsections (1)(b)(i) through (iii).
86          (2) If [~~a person~~] an individual has a prior conviction as defined in Subsection
87     41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the

88     commission of the offense upon which the current conviction is based:
89          (a) the court shall:
90          (i) (A) impose a jail sentence of not less than 240 hours; or
91          (B) impose a jail sentence of not less than 120 hours in addition to home confinement
92     of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
93     a substance abuse testing instrument in accordance with Section 41-6a-506;
94          (ii) order the [~~person~~] individual to participate in a screening;
95          (iii) order the [~~person~~] individual to participate in an assessment, if it is found
96     appropriate by a screening under Subsection (2)(a)(ii);
97          (iv) order the [~~person~~] individual to participate in an educational series if the court does
98     not order substance abuse treatment as described under Subsection (2)(b);
99          (v) impose a fine of not less than $800;
100          (vi) order probation for the [~~person~~] individual in accordance with Section 41-6a-507;
101          (vii) (A) order the [~~person~~] individual to pay the administrative impound fee described
102     in Section 41-6a-1406; or
103          (B) if the administrative impound fee was paid by a party described in Subsection
104     41-6a-1406(5)(a), other than the [~~person~~] individual sentenced, order the [~~person~~] individual
105     sentenced to reimburse the party; or
106          (viii) (A) order the [~~person~~] individual to pay the towing and storage fees described in
107     Section 72-9-603; or
108          (B) if the towing and storage fees were paid by a party described in Subsection
109     41-6a-1406(5)(a), other than the [~~person~~] individual sentenced, order the [~~person~~] individual
110     sentenced to reimburse the party; and
111          (b) the court may:
112          (i) order the [~~person~~] individual to obtain substance abuse treatment if the substance
113     abuse treatment program determines that substance abuse treatment is appropriate;
114          (ii) order the [~~person~~] individual to participate in a 24-7 sobriety program as defined in
115     Section 41-6a-515.5 if the [~~person~~] individual is 21 years of age or older; or
116          (iii) order a combination of Subsections (2)(b)(i) and (ii).
117          (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
118     sentence and places the defendant on probation, the court shall impose:

119          (a) a fine of not less than $1,500;
120          (b) a jail sentence of not less than 1,500 hours; and
121          (c) supervised probation.
122          (4) For Subsection (3)(a) or Subsection 41-6a-503(2)(b), the court:
123          (a) shall impose an order requiring the [~~person~~] individual to obtain a screening and
124     assessment for alcohol and substance abuse, and treatment as appropriate; and
125          (b) may impose an order requiring the [~~person~~] individual to participate in a 24-7
126     sobriety program as defined in Section 41-6a-515.5 if the [~~person~~] individual is 21 years of age
127     or older.
128          (5) [~~(a)~~] The requirements of Subsections (1)(a), (2)(a), (3)(a), and (4) may not be
129     suspended.
130          [~~(b) Probation or parole resulting from a conviction for a violation under this section~~
131     ~~may not be terminated.~~]
132          (6) If [~~a person~~] an individual is convicted of a violation of Section 41-6a-502 and
133     there is admissible evidence that the [~~person~~] individual had a blood alcohol level of .16 or
134     higher, the court shall order the following, or describe on record why the order or orders are not
135     appropriate:
136          (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
137          (b) one or more of the following:
138          (i) the installation of an ignition interlock system as a condition of probation for the
139     [~~person~~] individual in accordance with Section 41-6a-518;
140          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
141     device as a condition of probation for the [~~person~~] individual; or
142          (iii) the imposition of home confinement through the use of electronic monitoring in
143     accordance with Section 41-6a-506.
144          Section 2. Section 63M-7-404 (Superseded 07/01/18) is amended to read:
145          63M-7-404 (Superseded 07/01/18). Purpose -- Duties.
146          (1) The purpose of the commission [~~shall be~~] is to develop guidelines and propose
147     recommendations to the Legislature, the governor, and the Judicial Council [~~about~~] regarding:
148          (a) the sentencing and release of juvenile and adult offenders in order to:
149          [~~(a)~~] (i) respond to public comment;

150          [~~(b)~~] (ii) relate sentencing practices and correctional resources;
151          [~~(c)~~] (iii) increase equity in criminal sentencing;
152          [~~(d)~~] (iv) better define responsibility in criminal sentencing; and
153          [~~(e)~~] (v) enhance the discretion of sentencing judges while preserving the role of the
154     Board of Pardons and Parole and the Youth Parole Authority[.]; and
155          (b) the length of supervision of adult offenders on probation or parole in order to:
156          (i) increase equity in criminal supervision lengths;
157          (ii) respond to public comment;
158          (iii) relate the length of supervision to an offender's progress;
159          (iv) take into account an offender's risk of offending again;
160          (v) relate the length of supervision to the amount of time an offender has remained
161     under supervision in the community; and
162          (vi) enhance the discretion of the sentencing judges while preserving the role of the
163     Board of Pardons and Parole.
164          (2) (a) The commission shall modify the sentencing guidelines and supervision length
165     guidelines for adult offenders to implement the recommendations of the Commission on
166     Criminal and Juvenile Justice for reducing recidivism.
167          (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
168     the public and ensuring efficient use of state funds.
169          (3) (a) The commission shall modify the criminal history score in the sentencing
170     guidelines for adult offenders to implement the recommendations of the Commission on
171     Criminal and Juvenile Justice for reducing recidivism.
172          (b) The modifications to the criminal history score under Subsection (3)(a) shall
173     include factors in an offender's criminal history that are relevant to the accurate determination
174     of an individual's risk of offending again.
175          (4) (a) The commission shall establish sentencing guidelines for periods of
176     incarceration for individuals who are on probation and:
177          (i) who have violated one or more conditions of probation; and
178          (ii) whose probation has been revoked by the court.
179          (b) The guidelines shall consider the seriousness of the violation of the conditions of
180     probation, the probationer's conduct while on probation, and the probationer's criminal history.

181          (5) (a) The commission shall establish sentencing guidelines for periods of
182     incarceration for individuals who are on parole and:
183          (i) who have violated a condition of parole; and
184          (ii) whose parole has been revoked by the Board of Pardons and Parole.
185          (b) The guidelines shall consider the seriousness of the violation of the conditions of
186     parole, the individual's conduct while on parole, and the individual's criminal history.
187          (6) The commission shall establish graduated sanctions to facilitate the prompt and
188     effective response to an individual's violation of the terms of probation or parole by the adult
189     probation and parole section of the Department of Corrections in order to implement the
190     recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
191     including:
192          (a) sanctions to be used in response to a violation of the terms of probation or parole;
193          (b) when violations should be reported to the court or the Board of Pardons and Parole;
194     and
195          (c) a range of sanctions that may not exceed a period of incarceration of more than:
196          (i) three consecutive days; and
197          (ii) a total of five days in a period of 30 days.
198          (7) The commission shall establish graduated incentives to facilitate a prompt and
199     effective response by the adult probation and parole section of the Department of Corrections
200     to an offender's:
201          (a) compliance with the terms of probation or parole; and
202          (b) positive conduct that exceeds those terms.
203          (8) The commission shall establish supervision length guidelines in accordance with
204     this section before October 1, 2018.
205          Section 3. Section 63M-7-404 (Effective 07/01/18) is amended to read:
206          63M-7-404 (Effective 07/01/18). Purpose -- Duties.
207          (1) The purpose of the commission [~~shall be~~] is to develop guidelines and propose
208     recommendations to the Legislature, the governor, and the Judicial Council [~~about~~] regarding:
209          (a) the sentencing and release of juvenile and adult offenders in order to:
210          [~~(a)~~] (i) respond to public comment;
211          [~~(b)~~] (ii) relate sentencing practices and correctional resources;

212          [~~(c)~~] (iii) increase equity in criminal sentencing;
213          [~~(d)~~] (iv) better define responsibility in criminal sentencing; and
214          [~~(e)~~] (v) enhance the discretion of sentencing judges while preserving the role of the
215     Board of Pardons and Parole and the Youth Parole Authority[.]; and
216          (b) the length of supervision of adult offenders on probation or parole in order to:
217          (i) increase equity in criminal supervision lengths;
218          (ii) respond to public comment;
219          (iii) relate the length of supervision to an offender's progress;
220          (iv) take into account an offender's risk of offending again;
221          (v) relate the length of supervision to the amount of time an offender has remained
222     under supervision in the community; and
223          (vi) enhance the discretion of the sentencing judges while preserving the role of the
224     Board of Pardons and Parole.
225          (2) (a) The commission shall modify the sentencing guidelines and supervision length
226     guidelines for adult offenders to implement the recommendations of the Commission on
227     Criminal and Juvenile Justice for reducing recidivism.
228          (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
229     the public and ensuring efficient use of state funds.
230          (3) (a) The commission shall modify the criminal history score in the sentencing
231     guidelines for adult offenders to implement the recommendations of the Commission on
232     Criminal and Juvenile Justice for reducing recidivism.
233          (b) The modifications to the criminal history score under Subsection (3)(a) shall
234     include factors in an offender's criminal history that are relevant to the accurate determination
235     of an individual's risk of offending again.
236          (4) (a) The commission shall establish sentencing guidelines for periods of
237     incarceration for individuals who are on probation and:
238          (i) who have violated one or more conditions of probation; and
239          (ii) whose probation has been revoked by the court.
240          (b) The guidelines shall consider the seriousness of the violation of the conditions of
241     probation, the probationer's conduct while on probation, and the probationer's criminal history.
242          (5) (a) The commission shall establish sentencing guidelines for periods of

243     incarceration for individuals who are on parole and:
244          (i) who have violated a condition of parole; and
245          (ii) whose parole has been revoked by the Board of Pardons and Parole.
246          (b) The guidelines shall consider the seriousness of the violation of the conditions of
247     parole, the individual's conduct while on parole, and the individual's criminal history.
248          (6) The commission shall establish graduated sanctions to facilitate the prompt and
249     effective response to an individual's violation of the terms of probation or parole by the adult
250     probation and parole section of the Department of Corrections in order to implement the
251     recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
252     including:
253          (a) sanctions to be used in response to a violation of the terms of probation or parole;
254          (b) when violations should be reported to the court or the Board of Pardons and Parole;
255     and
256          (c) a range of sanctions that may not exceed a period of incarceration of more than:
257          (i) three consecutive days; and
258          (ii) a total of five days in a period of 30 days.
259          (7) The commission shall establish graduated incentives to facilitate a prompt and
260     effective response by the adult probation and parole section of the Department of Corrections
261     to an offender's:
262          (a) compliance with the terms of probation or parole; and
263          (b) positive conduct that exceeds those terms.
264          (8) (a) The commission shall establish guidelines, including sanctions and incentives,
265     to appropriately respond to negative and positive behavior of juveniles who are:
266          (i) nonjudicially adjusted;
267          (ii) placed on diversion;
268          (iii) placed on probation;
269          (iv) placed on community supervision;
270          (v) placed in an out-of-home placement; or
271          (vi) placed in a secure care facility.
272          (b) In establishing guidelines under this Subsection (8), the commission shall consider:
273          (i) the seriousness of the negative and positive behavior;

274          (ii) the juvenile's conduct post-adjudication; and
275          (iii) the delinquency history of the juvenile.
276          (c) The guidelines shall include:
277          (i) responses that are swift and certain;
278          (ii) a continuum of community-based options for juveniles living at home;
279          (iii) responses that target the individual's criminogenic risk and needs; and
280          (iv) incentives for compliance, including earned discharge credits.
281          (9) The commission shall establish supervision length guidelines in accordance with
282     this section before October 1, 2018.
283          Section 4. Section 63M-7-405 is amended to read:
284          63M-7-405. Compensation of members -- Reports to the Legislature, the courts,
285     and the governor.
286          (1) (a) A member who is not a legislator may not receive compensation or benefits for
287     the member's service, but may receive per diem and travel expenses as allowed in:
288          (i) Section 63A-3-106;
289          (ii) Section 63A-3-107; and
290          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
291     63A-3-107.
292          (b) Compensation and expenses of a member who is a legislator are governed by
293     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
294          (2) (a) The commission shall submit to the Legislature, the courts, and the governor at
295     least 60 days before the annual general session of the Legislature the commission's reports and
296     recommendations for sentencing guidelines and supervision length guidelines and
297     amendments.
298          (b) The commission shall use existing data and resources from state criminal justice
299     agencies.
300          (c) The commission may employ professional assistance and other staff members as it
301     considers necessary or desirable.
302          (3) The commission shall assist and respond to questions from all three branches of
303     government, but is part of the Commission on Criminal and Juvenile Justice for coordination
304     on criminal and juvenile justice issues, budget, and administrative support.

305          (4) (a) As used in this Subsection (4), "master offense list" means a document that
306     contains all offenses that exist in statute and each offense's associated penalty.
307          (b) No later than May 1, 2017, the commission shall create a master offense list.
308          (c) No later than June 30 of each calendar year, the commission shall:
309          (i) after the last day of the general legislative session, update the master offense list;
310     and
311          (ii) present the updated master offense list to the Law Enforcement and Criminal
312     Justice Interim Committee.
313          Section 5. Section 64-13-21 is amended to read:
314          64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
315     -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
316     fee.
317          (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
318     offenders placed in the community on probation by the courts, on parole by the Board of
319     Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
320     Compact for the Supervision of Parolees and Probationers.
321          (b) [~~Standards~~] The department shall establish standards for the supervision of
322     offenders [~~shall be established by the department~~] in accordance with sentencing guidelines and
323     supervision length guidelines, including the graduated sanctions matrix, established by the
324     Utah Sentencing Commission, giving priority, based on available resources, to felony offenders
325     and offenders sentenced pursuant to Subsection 58-37-8(2)(b)(ii).
326          (2) The department shall apply graduated sanctions established by the Utah Sentencing
327     Commission to facilitate a prompt and appropriate response to an individual's violation of the
328     terms of probation or parole, including:
329          (a) sanctions to be used in response to a violation of the terms of probation or parole;
330     and
331          (b) requesting approval from the court or Board of Pardons and Parole to impose a
332     sanction for an individual's violation of the terms of probation or parole, for a period of
333     incarceration of not more than three consecutive days and not more than a total of five days
334     within a period of 30 days.
335          (3) The department shall implement a program of graduated incentives as established

336     by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
337     response to an offender's:
338          (a) compliance with the terms of probation or parole; or
339          (b) positive conduct that exceeds those terms.
340          (4) (a) The department shall, in collaboration with the Commission on Criminal and
341     Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards and
342     procedures for the collection of information, including cost savings related to recidivism
343     reduction and the reduction in the number of inmates, related to the use of the graduated
344     sanctions and incentives, and offenders' outcomes.
345          (b) The collected information shall be provided to the Commission on Criminal and
346     Juvenile Justice not less frequently than annually on or before August 31.
347          (5) Employees of the department who are POST certified as law enforcement officers
348     or correctional officers and who are designated as parole and probation officers by the
349     executive director have the following duties:
350          (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
351     with the conditions of the parole or probation agreement;
352          (b) investigating or apprehending any offender who has escaped from the custody of
353     the department or absconded from supervision;
354          (c) providing investigative services for the courts, the department, or the Board of
355     Pardons and Parole;
356          (d) supervising any offender during transportation; or
357          (e) collecting DNA specimens when the specimens are required under Section
358     53-10-404.
359          (6) (a) A monthly supervision fee of $30 shall be collected from each offender on
360     probation or parole. The fee may be suspended or waived by the department upon a showing
361     by the offender that imposition would create a substantial hardship or if the offender owes
362     restitution to a victim.
363          (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
364     Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
365     supervision fee and the circumstances under which an offender may request a hearing.
366          (ii) In determining whether the imposition of the supervision fee would constitute a

367     substantial hardship, the department shall consider the financial resources of the offender and
368     the burden that the fee would impose, with regard to the offender's other obligations.
369          (7) (a) [~~The~~] For offenders placed on probation under Section 77-18-1 or parole under
370     Subsection 76-3-202(1)(a) on or after October 1, 2015, but before January 1, 2019, the
371     department shall establish a program allowing an offender [~~on probation under Section 77-18-1~~
372     ~~or on parole under Subsection 76-3-202(1)(a)~~] to earn credits for the offender's compliance
373     with the terms of the offender's probation or parole, which shall be applied to reducing the
374     period of probation or parole as provided in this Subsection (7).
375          (b) The program shall provide that an offender earns a reduction credit of 30 days from
376     the offender's period of probation or parole for each month the offender completes without any
377     violation of the terms of the offender's probation or parole agreement, including the case action
378     plan.
379          (c) The department shall maintain a record of credits earned by an offender under this
380     Subsection (7) and shall request from the court or the Board of Pardons and Parole the
381     termination of probation or parole not fewer than 30 days prior to the termination date that
382     reflects the credits earned under this Subsection (7).
383          (d) This Subsection (7) does not prohibit the department from requesting a termination
384     date earlier than the termination date established by earned credits under Subsection (7)(c).
385          (e) The court or the Board of Pardons and Parole shall terminate an offender's
386     probation or parole upon completion of the period of probation or parole accrued by time
387     served and credits earned under this Subsection (7) unless the court or the Board of Pardons
388     and Parole finds that termination would interrupt the completion of a necessary treatment
389     program, in which case the termination of probation or parole shall occur when the treatment
390     program is completed.
391          (f) The department shall report annually to the Commission on Criminal and Juvenile
392     Justice on or before August 31:
393          (i) the number of offenders who have earned probation or parole credits under this
394     Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
395     offenders on probation or parole during that time that this number represents;
396          (ii) the average number of credits earned by those offenders who earned credits;
397          (iii) the number of offenders who earned credits by county of residence while on

398     probation or parole;
399          (iv) the cost savings associated with sentencing reform programs and practices; and
400          (v) a description of how the savings will be invested in treatment and
401     early-intervention programs and practices at the county and state levels.
402          Section 6. Section 76-3-202 is amended to read:
403          76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time
404     served on parole -- Discretion of Board of Pardons and Parole.
405          (1) Every individual committed to the state prison to serve an indeterminate term and,
406     after December 31, 2018, released on parole shall complete a term of parole that extends
407     through the expiration of the individual's maximum sentence unless the parole is earlier
408     terminated by the Board of Pardons and Parole in accordance with Subsection 77-27-5(7).
409          [~~(1)~~] (2) (a) Except as provided in Subsection [~~(1)~~] (2)(b), every [~~person~~] individual
410     committed to the state prison to serve an indeterminate term and [~~later~~] released on parole on or
411     after October 1, 2015, but before January 1, 2019, shall, upon completion of three years on
412     parole outside of confinement and without violation, be terminated from the [~~person's~~]
413     individual's sentence unless the parole is earlier terminated by the Board of Pardons and Parole
414     or is terminated pursuant to Section 64-13-21.
415          (b) Every [~~person~~] individual committed to the state prison to serve an indeterminate
416     term and later released on parole on or after July 1, 2008, but before January 1, 2019, and who
417     was convicted of any felony offense under Title 76, Chapter 5, Offenses Against the Person, or
418     any attempt, conspiracy, or solicitation to commit any of these felony offenses, shall complete a
419     term of parole that extends through the expiration of the [~~person's~~] individual's maximum
420     sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
421          [~~(2)~~] (3) Every [~~person~~] individual convicted of a second degree felony for violating
422     Section 76-5-404, forcible sexual abuse, or 76-5-404.1, sexual abuse of a child and aggravated
423     sexual abuse of a child, or attempting, conspiring, or soliciting the commission of a violation of
424     any of those sections, and who is paroled before July 1, 2008, shall, upon completion of 10
425     years parole outside of confinement and without violation, be terminated from the sentence
426     unless the [~~person~~] individual is earlier terminated by the Board of Pardons and Parole.
427          [~~(3) (a) Every person convicted of a first degree felony for committing any offense~~
428     ~~listed in Subsection (3)(b), or attempting, conspiring, or soliciting the commission of a~~

429     ~~violation of any of those sections, shall complete a term of lifetime parole outside of~~
430     ~~confinement and without violation unless the person is earlier terminated by the Board of~~
431     ~~Pardons and Parole.~~]
432          [~~(b) The offenses referred to in Subsection (3)(a) are:~~]
433          [~~(i) Section 76-5-301.1, child kidnapping;~~]
434          [~~(ii) Subsection 76-5-302(1)(b)(vi), aggravated kidnapping involving a sexual offense;~~]
435          [~~(iii) Section 76-5-402, rape;~~]
436          [~~(iv) Section 76-5-402.1, rape of a child;~~]
437          [~~(v) Section 76-5-402.2, object rape;~~]
438          [~~(vi) Section 76-5-402.3, object rape of a child;~~]
439          [~~(vii) Subsection 76-5-403(2), forcible sodomy;~~]
440          [~~(viii) Section 76-5-403.1, sodomy on a child;~~]
441          [~~(ix) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a~~
442     ~~child; or~~]
443          [~~(x) Section 76-5-405, aggravated sexual assault.~~]
444          (4) [~~Any person~~] An individual who violates the terms of parole, while serving parole,
445     for any offense under Subsection (1)[,] or (2), [~~or (3),~~] shall at the discretion of the Board of
446     Pardons and Parole be recommitted to prison to serve the portion of the balance of the term as
447     determined by the Board of Pardons and Parole, but not to exceed the maximum term.
448          [~~(5) In order for a parolee convicted on or after May 5, 1997, to be eligible for early~~
449     ~~termination from parole, the parolee must provide to the Board of Pardons and Parole:~~]
450          [~~(a) evidence that the parolee has completed high school classwork and has obtained a~~
451     ~~high school graduation diploma, a GED certificate, or a vocational certificate; or~~]
452          [~~(b) documentation of the inability to obtain one of the items listed in Subsection (5)(a)~~
453     ~~because of:~~]
454          [~~(i) a diagnosed learning disability; or~~]
455          [~~(ii) other justified cause.~~]
456          [~~(6)~~] (5) [~~Any person~~] An individual paroled following a former parole revocation may
457     not be discharged from the [~~person's~~] individual's sentence until:
458          (a) the [~~person~~] individual has served the applicable period of parole under this section
459     outside of confinement [~~and without violation~~];

460          (b) the [~~person's~~] individual's maximum sentence has expired; or
461          (c) the Board of Pardons and Parole orders the [~~person~~] individual to be discharged
462     from the sentence.
463          [~~(7)~~] (6) (a) All time served on parole, outside of confinement and without violation,
464     constitutes service [of] toward the total sentence [~~but does not preclude the requirement of~~
465     ~~serving the applicable period of parole under this section, outside of confinement and without~~
466     ~~violation~~].
467          (b) Any time [~~a person~~] an individual spends outside of confinement after commission
468     of a parole violation does not constitute service [of] toward the total sentence unless the
469     [~~person~~] individual is exonerated at a parole revocation hearing.
470          (c) (i) Any time [~~a person~~] an individual spends in confinement awaiting a hearing
471     before the Board of Pardons and Parole or a decision by the board concerning revocation of
472     parole constitutes service [~~of the~~] toward the total sentence.
473          (ii) In the case of exoneration by the board, the time spent is included in computing the
474     total parole term.
475          [~~(8)~~] (7) When [~~any~~] a parolee causes the parolee's absence from the state without
476     authority from the Board of Pardons and Parole [~~absents himself from the state~~] or avoids or
477     evades parole supervision, the period of absence, avoidance, or evasion tolls the parole period.
478          [~~(9)~~] (8) (a) While on parole, time spent in confinement outside the state may not be
479     credited toward the service of any Utah sentence.
480          (b) Time in confinement outside the state or in the custody of any tribal authority or the
481     United States government for a conviction obtained in another jurisdiction tolls the expiration
482     of the Utah sentence.
483          [~~(10)~~] (9) This section does not preclude the Board of Pardons and Parole from
484     paroling or discharging an inmate at any time within the discretion of the Board of Pardons and
485     Parole unless otherwise specifically provided by law.
486          [~~(11)~~] (10) A parolee sentenced to lifetime parole may petition the Board of Pardons
487     and Parole for termination of lifetime parole.
488          Section 7. Section 77-16a-201 is amended to read:
489          77-16a-201. Probation.
490          (1) (a) In felony cases, when the court proposes to place on probation a defendant who

491     has pled or is found guilty with a mental illness at the time of the offense, it shall request UDC
492     to provide a presentence investigation report regarding whether probation is appropriate for that
493     defendant and, if so, recommending a specific treatment program. If the defendant is placed on
494     probation, that treatment program shall be made a condition of probation, and the defendant
495     shall remain under the jurisdiction of the sentencing court.
496          (b) The court may not place an offender who has been convicted of the felony offenses
497     listed in Section 76-3-406 on probation, regardless of whether the offender has, or had, a
498     mental illness.
499          (2) The period of probation for a felony offense committed by a [~~person~~] defendant
500     who has been found guilty with a mental illness at the time of the offense [~~may be for no less~~
501     ~~than five years. Probation for those offenders~~] may not be subsequently reduced by the
502     sentencing court without consideration of an updated report on the mental health status of the
503     defendant.
504          (3) (a) Treatment ordered by the court under this section may be provided by or under
505     contract with the department, a mental health facility, a local mental health authority, or, with
506     the approval of the sentencing court, any other public or private mental health provider.
507          (b) The entity providing treatment under this section shall file a report with the
508     defendant's probation officer at least every six months during the term of probation.
509          (c) Any request for termination of probation regarding a defendant who is receiving
510     treatment under this section shall include a current mental health report prepared by the
511     treatment provider.
512          (4) Failure to continue treatment or any other condition of probation, except by
513     agreement with the entity providing treatment and the sentencing court, is a basis for initiating
514     probation violation hearings.
515          (5) The court may not release an offender with a mental illness into the community, as
516     a part of probation, if it finds by clear and convincing evidence that the offender:
517          (a) poses an immediate physical danger to self or others, including jeopardizing the
518     offender's own or others' safety, health, or welfare if released into the community; or
519          (b) lacks the ability to provide the basic necessities of life, such as food, clothing, and
520     shelter, if released into the community.
521          (6) An offender with a mental illness who is not eligible for release into the community

522     under the provisions of Subsection (5) may be placed by the court, on probation, in an
523     appropriate mental health facility.
524          Section 8. Section 77-16a-205 is amended to read:
525          77-16a-205. Parole.
526          (1) When an offender with a mental illness who has been committed to the department
527     becomes eligible to be considered for parole, the board shall request a recommendation from
528     the executive director and from UDC before placing the offender on parole.
529          (2) Before setting a parole date, the board shall request that its mental health adviser
530     prepare a report regarding the offender with a mental illness, including:
531          (a) all available clinical facts;
532          (b) the diagnosis;
533          (c) the course of treatment received at the mental health facility;
534          (d) the prognosis for remission of symptoms;
535          (e) potential for recidivism;
536          (f) an estimation of the dangerousness of the offender with a mental illness either to
537     self or others; and
538          (g) recommendations for future treatment.
539          (3) Based on the report described in Subsection (2), the board may place the offender
540     with a mental illness on parole. The board may require mental health treatment as a condition
541     of parole. If treatment is ordered, failure to continue treatment, except by agreement with the
542     treatment provider, and the board, is a basis for initiation of parole violation hearings by the
543     board.
544          (4) UDC, through Adult Probation and Parole, shall monitor the status of an offender
545     with a mental illness who has been placed on parole. UDC may provide treatment by
546     contracting with the department, a local mental health authority, any other public or private
547     provider, or in-house staff.
548          (5) [~~The period of parole may be no less than five years, or until expiration of the~~
549     ~~defendant's sentence, whichever occurs first.~~] The board may not subsequently reduce the
550     period of parole without considering an updated report on the offender's current mental
551     condition.
552          Section 9. Section 77-18-1 is amended to read:

553          77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
554     Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
555     conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
556     monitoring.
557          (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
558     in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
559     Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
560          (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
561     crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
562     and place the defendant [~~on probation. The court may place the defendant~~]:
563          (i) on probation under the supervision of the Department of Corrections except in cases
564     of class C misdemeanors or infractions;
565          (ii) on probation under the supervision of an agency of local government or with a
566     private organization; or
567          (iii) on court probation under the jurisdiction of the sentencing court.
568          (b) (i) The legal custody of all probationers under the supervision of the department is
569     with the department.
570          (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
571     is vested as ordered by the court.
572          (iii) The court has continuing jurisdiction over all probationers.
573          (iv) Court probation may include an administrative level of services, including
574     notification to the court of scheduled periodic reviews of the probationer's compliance with
575     conditions.
576          (c) Supervised probation services provided by the department, an agency of local
577     government, or a private organization shall specifically address the offender's risk of
578     reoffending as identified by a validated risk and needs screening or assessment.
579          (3) (a) The department shall establish supervision and presentence investigation
580     standards for all individuals referred to the department[~~. These standards shall be~~] based on:
581          (i) the type of offense;
582          (ii) the results of a risk and needs assessment;
583          (iii) the demand for services;

584          (iv) the availability of agency resources;
585          (v) public safety; and
586          (vi) other criteria established by the department to determine what level of services
587     shall be provided.
588          (b) Proposed supervision and investigation standards shall be submitted to the Judicial
589     Council and the Board of Pardons and Parole on an annual basis for review and comment prior
590     to adoption by the department.
591          (c) The Judicial Council and the department shall establish procedures to implement
592     the supervision and investigation standards.
593          (d) The Judicial Council and the department shall annually consider modifications to
594     the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
595     appropriate.
596          (e) The Judicial Council and the department shall annually prepare an impact report
597     and submit it to the appropriate legislative appropriations subcommittee.
598          (4) Notwithstanding other provisions of law, the department is not required to
599     supervise the probation of [~~persons~~] an individual convicted of a class B or C [~~misdemeanors~~
600     ~~or infractions~~] misdemeanor or an infraction or to conduct presentence investigation reports on
601     a class C [~~misdemeanors or infractions~~] misdemeanor or infraction. However, the department
602     may supervise the probation of a class B [~~misdemeanants~~] misdemeanant in accordance with
603     department standards.
604          (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
605     the defendant, continue the date for the imposition of sentence for a reasonable period of time
606     for the purpose of obtaining a presentence investigation report from the department or
607     information from other sources about the defendant.
608          (b) The presentence investigation report shall include:
609          (i) a victim impact statement according to guidelines set in Section 77-38a-203
610     describing the effect of the crime on the victim and the victim's family;
611          (ii) a specific statement of pecuniary damages, accompanied by a recommendation
612     from the department regarding the payment of restitution with interest by the defendant in
613     accordance with Title 77, Chapter 38a, Crime Victims Restitution Act;
614          (iii) findings from any screening and any assessment of the offender conducted under

615     Section 77-18-1.1;
616          (iv) recommendations for treatment of the offender; and
617          (v) the number of days since the commission of the offense that the offender has spent
618     in the custody of the jail and the number of days, if any, the offender was released to a
619     supervised release or alternative incarceration program under Section 17-22-5.5.
620          (c) The contents of the presentence investigation report are protected and are not
621     available except by court order for purposes of sentencing as provided by rule of the Judicial
622     Council or for use by the department.
623          (6) (a) The department shall provide the presentence investigation report to the
624     defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
625     court for review, three working days prior to sentencing. Any alleged inaccuracies in the
626     presentence investigation report, which have not been resolved by the parties and the
627     department prior to sentencing, shall be brought to the attention of the sentencing judge, and
628     the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
629     report with the department. If after 10 working days the inaccuracies cannot be resolved, the
630     court shall make a determination of relevance and accuracy on the record.
631          (b) If a party fails to challenge the accuracy of the presentence investigation report at
632     the time of sentencing, that matter shall be considered to be waived.
633          (7) At the time of sentence, the court shall receive any testimony, evidence, or
634     information the defendant or the prosecuting attorney desires to present concerning the
635     appropriate sentence. This testimony, evidence, or information shall be presented in open court
636     on record and in the presence of the defendant.
637          (8) While on probation, and as a condition of probation, the court may require that
638     [~~the~~] a defendant[~~: (a)~~] perform any or all of the following:
639          [~~(i)~~] (a) provide for the support of others for whose support the defendant is legally
640     liable;
641          [~~(ii)~~] (b) participate in available treatment programs, including any treatment program
642     in which the defendant is currently participating, if the program is acceptable to the court;
643          [~~(iii)~~] (c) if on probation for a felony offense, serve a period of time, not to exceed one
644     year, in a county jail designated by the department, after considering any recommendation by
645     the court as to which jail the court finds most appropriate;

646          [~~(iv)~~] (d) serve a term of home confinement, which may include the use of electronic
647     monitoring;
648          [~~(v)~~] (e) participate in compensatory service restitution programs, including the
649     compensatory service program provided in Section 76-6-107.1;
650          [~~(vi)~~] (f) pay for the costs of investigation, probation, and treatment services;
651          [~~(vii)~~] (g) make restitution or reparation to the victim or victims with interest in
652     accordance with Title 77, Chapter 38a, Crime Victims Restitution Act; and
653          [~~(viii)~~] (h) comply with other terms and conditions the court considers appropriate to
654     ensure public safety or increase a defendant's likelihood of success on probation[~~; and~~].
655          [~~(b) if convicted on or after May 5, 1997:~~]
656          [~~(i) complete high school classwork and obtain a high school graduation diploma, a~~
657     ~~GED certificate, or a vocational certificate at the defendant's own expense if the defendant has~~
658     ~~not received the diploma, GED certificate, or vocational certificate prior to being placed on~~
659     ~~probation; or~~]
660          [~~(ii) provide documentation of the inability to obtain one of the items listed in~~
661     ~~Subsection (8)(b)(i) because of:~~]
662          [~~(A) a diagnosed learning disability; or~~]
663          [~~(B) other justified cause.~~]
664          (9) The department shall collect and disburse the accounts receivable as defined by
665     Section 77-32a-101, with interest and any other costs assessed under Section 64-13-21 during:
666          (a) the parole period and any extension of that period in accordance with Subsection
667     77-27-6(4); and
668          (b) the probation period in cases for which the court orders supervised probation and
669     any extension of that period by the department in accordance with Subsection (10).
670          (10) (a) (i) [~~Probation~~] Except as provided in Subsection (10)(a)(ii), probation of an
671     individual placed on probation after December 31, 2018:
672          (A) may not exceed the individual's maximum sentence;
673          (B) shall be for a period of time that is in accordance with the supervision length
674     guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
675     extent the guidelines are consistent with the requirements of the law; and
676          (C) shall be terminated in accordance with the supervision length guidelines

677     established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
678     guidelines are consistent with the requirements of the law.
679          (ii) Probation of an individual placed on probation after December 31, 2018, whose
680     maximum sentence is one year or less may not exceed 36 months.
681          (iii) Probation of an individual placed on probation on or after October 1, 2015, but
682     before January 1, 2019, may be terminated at any time at the discretion of the court or upon
683     completion without violation of 36 months probation in felony or class A misdemeanor cases,
684     12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant to
685     Section 64-13-21 regarding earned credits.
686          [~~(ii) (A)~~] (b) (i) If, upon expiration or termination of the probation period under
687     Subsection (10)(a)[~~(i)~~], there remains an unpaid balance upon the accounts receivable as
688     defined in Section 77-32a-101, the court may retain jurisdiction of the case and continue the
689     defendant on bench probation for the limited purpose of enforcing the payment of the account
690     receivable. If the court retains jurisdiction for this limited purpose, the court may order the
691     defendant to pay to the court the costs associated with continued probation under this
692     Subsection (10).
693          [~~(B)~~] (ii) In accordance with Section 77-18-6, the court shall record in the registry of
694     civil judgments any unpaid balance not already recorded and immediately transfer
695     responsibility to collect the account to the Office of State Debt Collection.
696          (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
697     own motion, the court may require the defendant to show cause why the defendant's failure to
698     pay should not be treated as contempt of court.
699          [~~(b)~~] (c) (i) The department shall notify the sentencing court, the Office of State Debt
700     Collection, and the prosecuting attorney in writing in advance in all cases when termination of
701     supervised probation is being requested by the department or will occur by law.
702          (ii) The notification shall include a probation progress report and complete report of
703     details on outstanding accounts receivable.
704          (11) (a) (i) Any time served by a probationer outside of confinement after having been
705     charged with a probation violation and prior to a hearing to revoke probation does not
706     constitute service of time toward the total probation term unless the probationer is exonerated
707     at a hearing to revoke the probation.

708          (ii) Any time served in confinement awaiting a hearing or decision concerning
709     revocation of probation does not constitute service of time toward the total probation term
710     unless the probationer is exonerated at the hearing.
711          (iii) Any time served in confinement awaiting a hearing or decision concerning
712     revocation of probation constitutes service of time toward a term of incarceration imposed as a
713     result of the revocation of probation or a graduated sanction imposed under Section
714     63M-7-404.
715          (b) The running of the probation period is tolled upon the filing of a violation report
716     with the court alleging a violation of the terms and conditions of probation or upon the issuance
717     of an order to show cause or warrant by the court.
718          (12) (a) (i) Probation may be modified as is consistent with the [~~graduated sanctions~~
719     ~~and incentives~~] supervision length guidelines and the graduated sanctions and incentives
720     developed by the Utah Sentencing Commission under Section 63M-7-404[~~, but the~~].
721          (ii) The length of probation may not be extended, except upon waiver of a hearing by
722     the probationer or upon a hearing and a finding in court that the probationer has violated the
723     conditions of probation.
724          [~~(ii)~~] (iii) Probation may not be revoked except upon a hearing in court and a finding
725     that the conditions of probation have been violated.
726          (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
727     constitute violation of the conditions of probation, the court that authorized probation shall
728     determine if the affidavit establishes probable cause to believe that revocation, modification, or
729     extension of probation is justified.
730          (ii) If the court determines there is probable cause, it shall cause to be served on the
731     defendant a warrant for the defendant's arrest or a copy of the affidavit and an order to show
732     cause why the defendant's probation should not be revoked, modified, or extended.
733          (c) (i) The order to show cause shall specify a time and place for the hearing and shall
734     be served upon the defendant at least five days prior to the hearing.
735          (ii) The defendant shall show good cause for a continuance.
736          (iii) The order to show cause shall inform the defendant of a right to be represented by
737     counsel at the hearing and to have counsel appointed if the defendant is indigent.
738          (iv) The order shall also inform the defendant of a right to present evidence.

739          (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
740          (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
741     shall present evidence on the allegations.
742          (iii) The persons who have given adverse information on which the allegations are
743     based shall be presented as witnesses subject to questioning by the defendant unless the court
744     for good cause otherwise orders.
745          (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
746     and present evidence.
747          (e) (i) After the hearing the court shall make findings of fact.
748          (ii) Upon a finding that the defendant violated the conditions of probation, the court
749     may order the probation revoked, modified, continued, or reinstated for all or a portion of the
750     original term of probation.
751          (iii) (A) Except as provided in Subsection (10)(a)(ii), the court may not require a
752     defendant to remain on probation for a period of time that exceeds the length of the defendant's
753     maximum sentence.
754          (B) Except as provided in Subsection (10)(a)(ii), if a defendant's probation is revoked
755     and later reinstated, the total time of all periods of probation the defendant serves, relating to
756     the same sentence, may not exceed the defendant's maximum sentence.
757          [~~(iii)~~] (iv) If a period of incarceration is imposed for a violation, the defendant shall be
758     sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
759     Subsection 63M-7-404(4), unless the judge determines that:
760          (A) the defendant needs substance abuse or mental health treatment, as determined by a
761     validated risk and needs screening and assessment, that warrants treatment services that are
762     immediately available in the community; or
763          (B) the sentence previously imposed shall be executed.
764          [~~(iv)~~] (v) If the defendant had, prior to the imposition of a term of incarceration or the
765     execution of the previously imposed sentence under this Subsection (12), served time in jail as
766     a condition of probation or due to a violation of probation under Subsection (12)(e)[~~(iii)~~](iv),
767     the time the probationer served in jail constitutes service of time toward the sentence
768     previously imposed.
769          (13) The court may order the defendant to commit [~~himself or herself~~] the defendant to

770     the custody of the Division of Substance Abuse and Mental Health for treatment at the Utah
771     State Hospital as a condition of probation or stay of sentence, only after the superintendent of
772     the Utah State Hospital or the superintendent's designee has certified to the court that:
773          (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
774          (b) treatment space at the hospital is available for the defendant; and
775          (c) [~~persons~~] individuals described in Subsection 62A-15-610(2)(g) are receiving
776     priority for treatment over the defendants described in this Subsection (13).
777          (14) Presentence investigation reports are classified protected in accordance with Title
778     63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
779     63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
780     presentence investigation report. Except for disclosure at the time of sentencing pursuant to
781     this section, the department may disclose the presentence investigation only when:
782          (a) ordered by the court pursuant to Subsection 63G-2-202(7);
783          (b) requested by a law enforcement agency or other agency approved by the department
784     for purposes of supervision, confinement, and treatment of the offender;
785          (c) requested by the Board of Pardons and Parole;
786          (d) requested by the subject of the presentence investigation report or the subject's
787     authorized representative; or
788          (e) requested by the victim of the crime discussed in the presentence investigation
789     report or the victim's authorized representative, provided that the disclosure to the victim shall
790     include only information relating to statements or materials provided by the victim, to the
791     circumstances of the crime including statements by the defendant, or to the impact of the crime
792     on the victim or the victim's household.
793          (15) (a) The court shall consider home confinement as a condition of probation under
794     the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
795          (b) The department shall establish procedures and standards for home confinement,
796     including electronic monitoring, for all individuals referred to the department in accordance
797     with Subsection (16).
798          (16) (a) If the court places the defendant on probation under this section, it may order
799     the defendant to participate in home confinement through the use of electronic monitoring as
800     described in this section until further order of the court.

801          (b) The electronic monitoring shall alert the department and the appropriate law
802     enforcement unit of the defendant's whereabouts.
803          (c) The electronic monitoring device shall be used under conditions which require:
804          (i) the defendant to wear an electronic monitoring device at all times; and
805          (ii) that a device be placed in the home of the defendant, so that the defendant's
806     compliance with the court's order may be monitored.
807          (d) If a court orders a defendant to participate in home confinement through electronic
808     monitoring as a condition of probation under this section, it shall:
809          (i) place the defendant on probation under the supervision of the Department of
810     Corrections;
811          (ii) order the department to place an electronic monitoring device on the defendant and
812     install electronic monitoring equipment in the residence of the defendant; and
813          (iii) order the defendant to pay the costs associated with home confinement to the
814     department or the program provider.
815          (e) The department shall pay the costs of home confinement through electronic
816     monitoring only for [~~those persons who have been~~] an individual who is determined to be
817     indigent by the court.
818          (f) The department may provide the electronic monitoring described in this section
819     either directly or by contract with a private provider.
820          Section 10. Section 77-27-5 is amended to read:
821          77-27-5. Board of Pardons and Parole authority.
822          (1) (a) The Board of Pardons and Parole shall determine by majority decision when and
823     under what conditions, subject to this chapter and other laws of the state, [~~persons~~] individuals
824     committed to serve sentences in class A misdemeanor cases at penal or correctional facilities
825     which are under the jurisdiction of the Department of Corrections, and all felony cases except
826     treason or impeachment or as otherwise limited by law, may be released upon parole, pardoned,
827     ordered to pay restitution, or have their fines, forfeitures, or restitution remitted, or their
828     sentences commuted or terminated.
829          (b) The board may sit together or in panels to conduct hearings. The chair shall
830     appoint members to the panels in any combination and in accordance with rules [~~promulgated~~]
831     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the

832     board, except in hearings involving commutation and pardons. The chair may participate on
833     any panel and when doing so is chair of the panel. The chair of the board may designate the
834     chair for any other panel.
835          (c) No restitution may be ordered, no fine, forfeiture, or restitution remitted, no parole,
836     pardon, or commutation granted or sentence terminated, except after a full hearing before the
837     board or the board's appointed examiner in open session. Any action taken under this
838     subsection other than by a majority of the board shall be affirmed by a majority of the board.
839          (d) A commutation or pardon may be granted only after a full hearing before the board.
840          (e) The board may determine restitution as provided in Section 77-27-6 and Subsection
841     77-38a-302(5)(d)(iii)(A).
842          (2) (a) In the case of original parole grant hearings, rehearings, and parole revocation
843     hearings, timely prior notice of the time and location of the hearing shall be given to the
844     defendant, the county or district attorney's office responsible for prosecution of the case, the
845     sentencing court, law enforcement officials responsible for the defendant's arrest and
846     conviction, and whenever possible, the victim or the victim's family.
847          (b) Notice to the victim, the victim's representative, or the victim's family shall include
848     information provided in Section 77-27-9.5, and any related rules made by the board under that
849     section. This information shall be provided in terms that are reasonable for the lay person to
850     understand.
851          (3) Decisions of the board in cases involving paroles, pardons, commutations or
852     terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
853     subject to judicial review. Nothing in this section prevents the obtaining or enforcement of a
854     civil judgment, including restitution as provided in Section 77-27-6.
855          (4) This chapter may not be construed as a denial of or limitation of the governor's
856     power to grant respite or reprieves in all cases of convictions for offenses against the state,
857     except treason or conviction on impeachment. However, respites or reprieves may not extend
858     beyond the next session of the Board of Pardons and Parole and the board, at that session, shall
859     continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the
860     offense as provided. In the case of conviction for treason, the governor may suspend execution
861     of the sentence until the case is reported to the Legislature at its next session. The Legislature
862     shall then either pardon or commute the sentence, or direct its execution.

863          (5) In determining when, where, and under what conditions [~~offenders serving~~
864     ~~sentences~~] an offender serving a sentence may be paroled, pardoned, have restitution ordered,
865     or have [~~their~~] the offender's fines or forfeitures remitted, or [~~their sentences~~] the offender's
866     sentence commuted or terminated, the board shall:
867          (a) consider whether the [~~persons have~~] offender has made or [~~are~~] is prepared to make
868     restitution as ascertained in accordance with the standards and procedures of Section
869     77-38a-302, as a condition of any parole, pardon, remission of fines or forfeitures, or
870     commutation or termination of sentence; and
871          (b) develop and use a list of criteria for making determinations under this Subsection
872     (5).
873          (6) In determining whether parole may be terminated, the board shall consider:
874          (a) the offense committed by the parolee[,]; and
875          (b) the parole period as provided in Section 76-3-202, and in accordance with Section
876     77-27-13.
877          (7) For offenders placed on parole after December 31, 2018, the board shall terminate
878     parole in accordance with the supervision length guidelines established by the Utah Sentencing
879     Commission under Section 63M-7-404, to the extent the guidelines are consistent with the
880     requirements of the law.
881          Section 11. Section 77-27-7 is amended to read:
882          77-27-7. Parole or hearing dates -- Interview -- Hearings -- Report of alienists --
883     Mental competency.
884          (1) The Board of Pardons and Parole shall determine within six months after the date
885     of an offender's commitment to the custody of the Department of Corrections, for serving a
886     sentence upon conviction of a felony or class A misdemeanor offense, a date upon which the
887     offender shall be afforded a hearing to establish a date of release or a date for a rehearing, and
888     shall promptly notify the offender of the date.
889          (2) Before reaching a final decision to release any offender under this chapter, the chair
890     shall cause the offender to appear before the board, its panel, or any appointed hearing officer,
891     who shall personally interview the offender to consider the offender's fitness for release and
892     verify as far as possible information furnished from other sources. Any offender may waive a
893     personal appearance before the board. Any offender outside of the state shall, if ordered by the

894     board, submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in
895     which the offender is housed in lieu of an appearance before the board. The offender shall be
896     promptly notified in writing of the board's decision.
897          (3) (a) In the case of an offender convicted of violating or attempting to violate any of
898     the provisions of Section 76-5-301.1, Subsection 76-5-302(1)(b)(vi), Section 76-5-402,
899     76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, or 76-5-405,
900     the chair may appoint one or more alienists who shall examine the offender within six months
901     prior to a hearing at which an original parole date is granted on any offense listed in this
902     Subsection (3).
903          (b) The alienists shall report in writing the results of the examination to the board prior
904     to the hearing. The report of the appointed alienists shall specifically address the question of
905     the offender's current mental condition and attitudes as they relate to any danger the offender
906     may pose to children or others if the offender is released on parole.
907          (4) [~~The~~] A parolee may petition the board for termination of lifetime parole as
908     provided in Section 76-3-202 in the case of a [~~person~~] parolee convicted of a first degree felony
909     violation, or convicted of attempting to violate Section 76-5-301.1, Subsection
910     76-5-302(1)(b)(vi), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403,
911     76-5-403.1, 76-5-404.1, or 76-5-405, and released on parole before January 1, 2019.
912          (5) In any case where an offender's mental competency is questioned by the board, the
913     chair may appoint one or more alienists to examine the offender and report in writing to the
914     board, specifically addressing the issue of competency.
915          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
916     board shall make rules governing:
917          (a) the hearing process;
918          (b) alienist examination; and
919          (c) parolee petitions for termination of parole.
920          Section 12. Section 77-27-9 is amended to read:
921          77-27-9. Parole proceedings.
922          (1) (a) The Board of Pardons and Parole may pardon or parole any offender or
923     commute or terminate the sentence of any offender committed to a penal or correctional facility
924     under the jurisdiction of the Department of Corrections for a felony or class A misdemeanor

925     except as provided in Subsection (2).
926          (b) The board may not release any offender before the minimum term has been served
927     unless the board finds mitigating circumstances which justify the release and unless the board
928     has granted a full hearing, in open session, after previous notice of the time and location of the
929     hearing, and recorded the proceedings and decisions of the board.
930          (c) The board may not pardon or parole any offender or commute or terminate the
931     sentence of any offender unless the board has granted a full hearing, in open session, after
932     previous notice of the time and location of the hearing, and recorded the proceedings and
933     decisions of the board.
934          (d) The release of an offender shall be at the initiative of the board, which shall
935     consider each case as the offender becomes eligible. However, a prisoner may submit the
936     prisoner's own application, subject to the rules of the board promulgated in accordance with
937     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
938          (2) (a) [~~A person~~] An individual sentenced to prison prior to April 29, 1996, for a first
939     degree felony involving child kidnapping, a violation of Section 76-5-301.1; aggravated
940     kidnapping, a violation of Section 76-5-302; rape of a child, a violation of Section 76-5-402.1;
941     object rape of a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of
942     Section 76-5-403.1; aggravated sexual abuse of a child, a violation of Subsection
943     76-5-404.1(4); aggravated sexual assault, a violation of Section 76-5-405; or a prior offense as
944     described in Section 76-3-407, may not be eligible for release on parole by the Board of
945     Pardons and Parole until the offender has fully completed serving the minimum mandatory
946     sentence imposed by the court. This Subsection (2)(a) supersedes any other provision of law.
947          (b) The board may not parole any offender or commute or terminate the sentence of
948     any offender before the offender has served the minimum term for the offense, if the offender
949     was sentenced prior to April 29, 1996, and if:
950          (i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape,
951     aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined
952     in Title 76, Chapter 5, Offenses Against the Person; and
953          (ii) the victim of the offense was under 18 years of age at the time the offense was
954     committed.
955          (c) For a crime committed on or after April 29, 1996, but before January 1, 2019, the

956     board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as
957     provided in this section.
958          (d) The board may not pardon or parole any offender or commute or terminate the
959     sentence of any offender who is sentenced to life in prison without parole except as provided in
960     Subsection (6).
961          (e) On or after April 27, 1992, the board may commute a sentence of death only to a
962     sentence of life in prison without parole.
963          (f) The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come
964     before the Board of Pardons and Parole on or after April 27, 1992.
965          (3) (a) The board may issue subpoenas to compel the attendance of witnesses and the
966     production of evidence, to administer oaths, and to take testimony for the purpose of any
967     investigation by the board or any of its members or by a designated hearing examiner in the
968     performance of its duties.
969          (b) A person who willfully disobeys a properly served subpoena issued by the board is
970     guilty of a class B misdemeanor.
971          (4) (a) The board may adopt rules consistent with law for its government, meetings and
972     hearings, the conduct of proceedings before it, the parole and pardon of offenders, the
973     commutation and termination of sentences, and the general conditions under which parole may
974     be granted and revoked.
975          (b) The rules shall ensure an adequate opportunity for victims to participate at hearings
976     held under this chapter, as provided in Section 77-27-9.5.
977          (c) The rules may allow the board to establish reasonable and equitable time limits on
978     the presentations by all participants in hearings held under this chapter.
979          (5) The board does not provide counseling or therapy for victims as a part of their
980     participation in any hearing under this chapter.
981          (6) The board may parole a person sentenced to life in prison without parole if the
982     board finds by clear and convincing evidence that the person is permanently incapable of being
983     a threat to the safety of society.
984          Section 13. Section 77-27-11 is amended to read:
985          77-27-11. Revocation of parole.
986          (1) The board may revoke the parole of any [~~person~~] individual who is found to have

987     violated any condition of [~~his~~] the individual's parole.
988          (2) (a) If a parolee is confined by the Department of Corrections or any law
989     enforcement official for a suspected violation of parole, the Department of Corrections shall
990     immediately report the alleged violation to the board, by means of an incident report, and make
991     any recommendation regarding the incident.
992          (b) No parolee may be held for a period longer than 72 hours, excluding weekends and
993     holidays, without first obtaining a warrant.
994          (3) Any member of the board may issue a warrant based upon a certified warrant
995     request to a peace officer or other persons authorized to arrest, detain, and return to actual
996     custody a parolee, and may upon arrest or otherwise direct the Department of Corrections to
997     determine if there is probable cause to believe that the parolee has violated the conditions of
998     [~~his~~] the parolee's parole.
999          (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
1000     again pending a hearing by the board or its appointed examiner.
1001          (5) (a) The board or its appointed examiner shall conduct a hearing on the alleged
1002     violation, and the parolee shall have written notice of the time and location of the hearing, the
1003     alleged violation of parole, and a statement of the evidence against [~~him~~] the parolee.
1004          (b) The board or its appointed examiner shall provide the parolee the opportunity:
1005          (i) to be present;
1006          (ii) to be heard;
1007          (iii) to present witnesses and documentary evidence;
1008          (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
1009     for not allowing the confrontation; and
1010          (v) to be represented by counsel when the parolee is mentally incompetent or pleading
1011     not guilty.
1012          (c) If heard by an appointed examiner, the examiner shall make a written decision
1013     which shall include a statement of the facts relied upon by the examiner in determining the
1014     guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
1015     alleged violation occurred. The appointed examiner shall then refer the case to the board for
1016     disposition.
1017          (d) Final decisions shall be reached by majority vote of the members of the board

1018     sitting and the parolee shall be promptly notified in writing of the board's findings and
1019     decision.
1020          (6) (a) Parolees found to have violated the conditions of parole may, at the discretion of
1021     the board, be returned to parole, have restitution ordered, or be imprisoned again as determined
1022     by the board, not to exceed the maximum term, or be subject to any other conditions the board
1023     may impose within its discretion.
1024          (b) If the board returns the parolee to parole, the length of parole may not be for a
1025     period of time that exceeds the length of the parolee's maximum sentence.
1026          [~~(b)~~] (c) If the board revokes parole for a violation and orders incarceration, the board
1027     shall impose a period of incarceration consistent with the guidelines under Subsection
1028     63M-7-404(5).
1029          [~~(c)~~] (d) The following periods of time constitute service of time toward the period of
1030     incarceration imposed under Subsection (6)[~~(b)~~](c):
1031          (i) time served in jail by a parolee awaiting a hearing or decision concerning revocation
1032     of parole; and
1033          (ii) time served in jail by a parolee due to a violation of parole under Subsection
1034     64-13-6(2).
1035          Section 14. Effective date.
1036          This bill takes effect on May 8, 2018, except that the amendments to Section
1037     63M-7-404 (Effective 07/01/18) take effect on July 1, 2018.