1     
BOARD OF PARDONS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill codifies the Board of Pardons and Parole's authority to rescind the termination
10     or release date of an inmate or offender in state custody.
11     Highlighted Provisions:
12          This bill:
13          ▸     codifies the board's authority to rescind an inmate's prison release date before an
14     inmate is released from custody; and
15          ▸     codifies the board's authority to rescind a parolee's termination date before
16     termination occurs.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          77-27-9, as last amended by Laws of Utah 2018, Chapters 5 and 334
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 77-27-9 is amended to read:
27          77-27-9. Parole proceedings.
28          (1) (a) The Board of Pardons and Parole may parole any offender or terminate the
29     sentence of any offender committed to a penal or correctional facility under the jurisdiction of

30     the Department of Corrections except as provided in Subsection (2).
31          (b) The board may not release any offender before the minimum term has been served
32     unless the board finds mitigating circumstances which justify the release and unless the board
33     has granted a full hearing, in open session, after previous notice of the time and location of the
34     hearing, and recorded the proceedings and decisions of the board.
35          (c) The board may not parole any offender or terminate the sentence of any offender
36     unless the board has granted a full hearing, in open session, after previous notice of the time
37     and location of the hearing, and recorded the proceedings and decisions of the board.
38          (d) The release of an offender shall be at the initiative of the board, which shall
39     consider each case as the offender becomes eligible. However, a prisoner may submit the
40     prisoner's own application, subject to the rules of the board promulgated in accordance with
41     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
42          (2) (a) An individual sentenced to prison prior to April 29, 1996, for a first degree
43     felony involving child kidnapping, a violation of Section 76-5-301.1; aggravated kidnapping, a
44     violation of Section 76-5-302; rape of a child, a violation of Section 76-5-402.1; object rape of
45     a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of Section
46     76-5-403.1; aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1(4);
47     aggravated sexual assault, a violation of Section 76-5-405; or a prior offense as described in
48     Section 76-3-407, may not be eligible for release on parole by the Board of Pardons and Parole
49     until the offender has fully completed serving the minimum mandatory sentence imposed by
50     the court. This Subsection (2)(a) supersedes any other provision of law.
51          (b) The board may not parole any offender or commute or terminate the sentence of
52     any offender before the offender has served the minimum term for the offense, if the offender
53     was sentenced prior to April 29, 1996, and if:
54          (i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape,
55     aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined
56     in Title 76, Chapter 5, Offenses Against the Person; and
57          (ii) the victim of the offense was under 18 years of age at the time the offense was

58     committed.
59          (c) For a crime committed on or after April 29, 1996, but before January 1, 2019, the
60     board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as
61     provided in this section.
62          (d) The board may not pardon or parole any offender or commute or terminate the
63     sentence of any offender who is sentenced to life in prison without parole except as provided in
64     Subsection [(6)] (7).
65          (e) On or after April 27, 1992, the board may commute a sentence of death only to a
66     sentence of life in prison without parole.
67          (f) The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come
68     before the Board of Pardons and Parole on or after April 27, 1992.
69          (3) The board may rescind:
70          (a) an inmate's prison release date prior to the inmate being released from custody; or
71          (b) an offender's termination date from parole prior to the offender being terminated
72     from parole.
73          [(3)] (4) (a) The board may issue subpoenas to compel the attendance of witnesses and
74     the production of evidence, to administer oaths, and to take testimony for the purpose of any
75     investigation by the board or any of its members or by a designated hearing examiner in the
76     performance of its duties.
77          (b) A person who willfully disobeys a properly served subpoena issued by the board is
78     guilty of a class B misdemeanor.
79          [(4)] (5) (a) The board may adopt rules consistent with law for its government,
80     meetings and hearings, the conduct of proceedings before it, the parole and pardon of
81     offenders, the commutation and termination of sentences, and the general conditions under
82     which parole may be granted and revoked.
83          (b) The rules shall ensure an adequate opportunity for victims to participate at hearings
84     held under this chapter, as provided in Section 77-27-9.5.
85          (c) The rules may allow the board to establish reasonable and equitable time limits on

86     the presentations by all participants in hearings held under this chapter.
87          [(5)] (6) The board does not provide counseling or therapy for victims as a part of their
88     participation in any hearing under this chapter.
89          [(6)] (7) The board may parole a person sentenced to life in prison without parole if the
90     board finds by clear and convincing evidence that the person is permanently incapable of being
91     a threat to the safety of society.