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7 LONG TITLE
8 General Description:
9 This bill defines "deliberative process" for the Board of Pardons and Parole.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines "deliberative process" for the Board of Pardons and Parole.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 77-27-1, as last amended by Laws of Utah 2015, Chapter 412
20 77-27-5, as last amended by Laws of Utah 2019, Chapter 148
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 77-27-1 is amended to read:
24 77-27-1. Definitions.
25 As used in this chapter:
26 (1) "Appearance" means any opportunity to address the board, a board member, a
27 panel, or hearing officer, including an interview.
28 (2) "Board" means the Board of Pardons and Parole.
29 (3) "Case action plan" means a document developed by the Department of Corrections
30 that identifies the program priorities for the treatment of the offender, including the criminal
31 risk factors as determined by a risk and needs assessment conducted by the department.
32 (4) "Commission" means the Commission on Criminal and Juvenile Justice.
33 (5) "Commutation" is the change from a greater to a lesser punishment after
34 conviction.
35 (6) "Criminal risk factors" means a person's characteristics and behaviors that:
36 (a) affect that person's risk of engaging in criminal behavior; and
37 (b) are diminished when addressed by effective treatment, supervision, and other
38 support resources resulting in reduced risk of criminal behavior.
39 (7) "Deliberative process " means the board or any number of the board's individual
40 members together engaging in discussions, whether written or verbal, regarding a parole, a
41 pardon, a commutation, termination of sentence, or remission of fines, fees, or restitution in an
42 individual case.
43 (a) "Deliberative process" includes the votes, mental processes, written notes, and
44 recommendations of individual board members and staff.
45 (b) "Deliberative process" does not include:
46 (i) a hearing where the offender is present;
47 (ii) any factual record the board is considering, including records of the offender's
48 criminal convictions, records regarding the offender's current or previous incarceration and
49 supervision, and records regarding the offender's physical or mental health;
50 (iii) recommendations regarding the offender's incarceration or supervision from any
51 other individual, governmental entity, or agency;
52 (iv) testimony received by the board regarding the offender, whether written or verbal;
53 or
54 (v) the board's decision or rationale for the decision.
55 [
56 [
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58 parent, or grandparent, or the victim's legal guardian.
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60 or hearing examiner, at which an offender or inmate is afforded an opportunity to be present
61 and address the board, and encompasses the term "full hearing."
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63 the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless
64 of the location of any person participating by electronic means.
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66 member, or a hearing examiner which is open to the public, regardless of the location of any
67 person participating by electronic means.
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69 particular case.
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71 the rights and privileges forfeited by or because of the criminal conviction. A pardon releases
72 an offender from the entire punishment prescribed for a criminal offense and from disabilities
73 that are a consequence of the criminal conviction. A pardon reinstates any civil rights lost as a
74 consequence of conviction or punishment for a criminal offense.
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76 satisfactorily performed by the parolee, enables the parolee to obtain a termination of his
77 sentence.
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79 execution of a convicted offender's sentence upon prescribed conditions.
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81 sentence.
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83 sentence of imprisonment prior to the expiration of the sentence.
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85 (a) a person against whom the defendant committed a felony or class A misdemeanor
86 offense, and regarding which offense a hearing is held under this chapter; or
87 (b) the victim's family, if the victim is deceased as a result of the offense for which a
88 hearing is held under this chapter.
89 Section 2. Section 77-27-5 is amended to read:
90 77-27-5. Board of Pardons and Parole authority.
91 (1) (a) The Board of Pardons and Parole shall determine by majority decision when and
92 under what conditions any convictions, except for treason or impeachment, may be pardoned or
93 commuted, subject to this chapter and other laws of the state.
94 (b) The Board of Pardons and Parole shall determine by majority decision when and
95 under what conditions, subject to this chapter and other laws of the state, individuals
96 committed to serve sentences at penal or correctional facilities that are under the jurisdiction of
97 the Department of Corrections, except treason or impeachment convictions or as otherwise
98 limited by law, may be released upon parole, ordered to pay restitution, or have their fines,
99 forfeitures, or restitution remitted, or their sentences terminated.
100 (c) The board may sit together or in panels to conduct hearings. The chair shall appoint
101 members to the panels in any combination and in accordance with rules made in accordance
102 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the board. The chair may
103 participate on any panel and when doing so is chair of the panel. The chair of the board may
104 designate the chair for any other panel.
105 (d) No restitution may be ordered, no fine, forfeiture, or restitution remitted, no parole,
106 pardon, or commutation granted or sentence terminated, except after a full hearing before the
107 board or the board's appointed examiner in open session. Any action taken under this
108 subsection other than by a majority of the board shall be affirmed by a majority of the board.
109 (e) A commutation or pardon may be granted only after a full hearing before the board.
110 (f) The board may determine restitution as provided in Section 77-27-6 and Subsection
111 77-38a-302(5)(d)(iii)(A).
112 (2) (a) In the case of any hearings, timely prior notice of the time and location of the
113 hearing shall be given to the offender.
114 (b) The county or district attorney's office responsible for prosecution of the case, the
115 sentencing court, and law enforcement officials responsible for the defendant's arrest and
116 conviction shall be notified of any board hearings through the board's website.
117 (c) Whenever possible, the victim or the victim's representative, if designated, shall be
118 notified of original hearings and any hearing after that if notification is requested and current
119 contact information has been provided to the board.
120 (d) Notice to the victim or the victim's representative shall include information
121 provided in Section 77-27-9.5, and any related rules made by the board under that section. This
122 information shall be provided in terms that are reasonable for the lay person to understand.
123 (3) (a) Decisions of the board in cases involving paroles, pardons, commutations or
124 terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
125 subject to judicial review.
126 (b) Deliberative processes are not public and the board is exempt from Title 52,
127 Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
128 deliberative process.
129 (c) Pursuant to Section 63G-2-103(22)(b)(xi), records of the deliberative process are
130 exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
131 (d) Unless it will interfere with a constitutional right, deliberative processes are not
132 subject to disclosure, including discovery.
133 (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment,
134 including restitution as provided in Section 77-27-6.
135 (4) This chapter may not be construed as a denial of or limitation of the governor's
136 power to grant respite or reprieves in all cases of convictions for offenses against the state,
137 except treason or conviction on impeachment. However, respites or reprieves may not extend
138 beyond the next session of the Board of Pardons and Parole and the board, at that session, shall
139 continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the
140 offense as provided. In the case of conviction for treason, the governor may suspend execution
141 of the sentence until the case is reported to the Legislature at its next session. The Legislature
142 shall then either pardon or commute the sentence, or direct its execution.
143 (5) In determining when, where, and under what conditions an offender serving a
144 sentence may be paroled, pardoned, have restitution ordered, or have the offender's fines or
145 forfeitures remitted, or the offender's sentence commuted or terminated, the board shall:
146 (a) consider whether the offender has made or is prepared to make restitution as
147 ascertained in accordance with the standards and procedures of Section 77-38a-302, as a
148 condition of any parole, pardon, remission of fines or forfeitures, or commutation or
149 termination of sentence; and
150 (b) develop and use a list of criteria for making determinations under this Subsection
151 (5).
152 (6) In determining whether parole may be terminated, the board shall consider:
153 (a) the offense committed by the parolee; and
154 (b) the parole period as provided in Section 76-3-202, and in accordance with Section
155 77-27-13.
156 (7) For offenders placed on parole after December 31, 2018, the board shall terminate
157 parole in accordance with the supervision length guidelines established by the Utah Sentencing
158 Commission under Section 63M-7-404, to the extent the guidelines are consistent with the
159 requirements of the law.
160 (8) Discussions of the Board of Pardons and Parole or the board's members which
161 pertain only to day-to-day management and operation of the board are not a meeting as defined
162 in Section 52-4-103.