Chief Sponsor: Andrew Stoddard

Senate Sponsor: ____________


8     General Description:
9          This bill modifies provisions of the Government Records Access and Management Act
10     related to records on a personal electronic device.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the definition of "record" and enacts a definition of "personal electronic
14     device" for purposes of the Government Records Access and Management Act;
15          ▸     provides a process for searching the personal electronic device of an officer or
16     employee of a governmental entity for records that are responsive to a record
17     request;
18          ▸     provides criminal penalties for an officer or employee who refuses to conduct a
19     search or who submits a materially false sworn declaration;
20          ▸     modifies a provision allowing a governmental entity to impose disciplinary action
21     against an employee; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          20A-11-1205, as last amended by Laws of Utah 2020, Chapter 22
30          63G-2-103, as last amended by Laws of Utah 2021, Chapters 211 and 283
31          63G-2-801, as last amended by Laws of Utah 2019, Chapter 254
32          63G-2-804, as last amended by Laws of Utah 2009, Chapter 44
33          77-27-5, as last amended by Laws of Utah 2021, Chapters 21, 246, 260 and last
34     amended by Coordination Clause, Laws of Utah 2021, Chapter 260
35     ENACTS:
36          63G-2-204.5, Utah Code Annotated 1953

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 20A-11-1205 is amended to read:
40          20A-11-1205. Use of public email for a political purpose.
41          (1) Except as provided in Subsection (5), a person may not send an email using the
42     email of a public entity:
43          (a) for a political purpose;
44          (b) to advocate for or against a proposed initiative, initiative, proposed referendum,
45     referendum, a proposed bond, a bond, or any ballot proposition; or
46          (c) to solicit a campaign contribution.
47          (2) (a) The lieutenant governor shall, after giving the person and the complainant
48     notice and an opportunity to be heard, impose a civil fine against a person who violates
49     Subsection (1) as follows:
50          (i) up to $250 for a first violation; and
51          (ii) except as provided in Subsection (3), for each subsequent violation committed after
52     the lieutenant governor imposes a fine against the person for a first violation, $1,000 multiplied
53     by the number of violations committed by the person.
54          (b) A person may, within 30 days after the day on which the lieutenant governor
55     imposes a fine against the person under this Subsection (2), appeal the fine to a district court.
56          (3) The lieutenant governor shall consider a violation of this section as a first violation
57     if the violation is committed more than seven years after the day on which the person last
58     committed a violation of this section.

59          (4) For purposes of this section, one violation means one act of sending an email,
60     regardless of the number of recipients of the email.
61          (5) A person does not violate this section if:
62          (a) the lieutenant governor finds that the email described in Subsection (1) was
63     inadvertently sent by the person using the email of a public entity;
64          (b) the person is directly providing information solely to another person or a group of
65     people in response to a question asked by the other person or group of people;
66          (c) the information the person emails is an argument or rebuttal argument prepared
67     under Section 20A-7-401.5 or 20A-7-402, and the email includes each opposing argument and
68     rebuttal argument that:
69          (i) relates to the same proposed initiative, initiative, proposed referendum, or
70     referendum; and
71          (ii) complies with the requirements of Section 20A-7-401.5 or 20A-7-402; or
72          (d) the person is engaging in:
73          (i) an internal communication solely within the public entity;
74          (ii) a communication solely with another public entity;
75          (iii) a communication solely with legal counsel;
76          (iv) a communication solely with the sponsors of an initiative or referendum;
77          (v) a communication solely with a land developer for a project permitted by a local
78     land use law that is challenged by a proposed referendum or a referendum; or
79          (vi) a communication solely with a person involved in a business transaction directly
80     relating to a project described in Subsection (5)(d)(v).
81          (6) A violation of this section does not invalidate an otherwise valid election.
82           (7) An email sent in violation of Subsection (1), as determined by the records officer,
83     constitutes a record, as defined in Section 63G-2-103, that is subject to the provisions of Title
84     63G, Chapter 2, Government Records Access and Management Act, notwithstanding any
85     applicability of Subsection 63G-2-103[(22)](23)(b)(i).
86          Section 2. Section 63G-2-103 is amended to read:
87          63G-2-103. Definitions.
88          As used in this chapter:
89          (1) "Audit" means:

90          (a) a systematic examination of financial, management, program, and related records
91     for the purpose of determining the fair presentation of financial statements, adequacy of
92     internal controls, or compliance with laws and regulations; or
93          (b) a systematic examination of program procedures and operations for the purpose of
94     determining their effectiveness, economy, efficiency, and compliance with statutes and
95     regulations.
96          (2) "Chronological logs" mean the regular and customary summary records of law
97     enforcement agencies and other public safety agencies that show:
98          (a) the time and general nature of police, fire, and paramedic calls made to the agency;
99     and
100          (b) any arrests or jail bookings made by the agency.
101          (3) "Classification," "classify," and their derivative forms mean determining whether a
102     record series, record, or information within a record is public, private, controlled, protected, or
103     exempt from disclosure under Subsection 63G-2-201(3)(b).
104          (4) (a) "Computer program" means:
105          (i) a series of instructions or statements that permit the functioning of a computer
106     system in a manner designed to provide storage, retrieval, and manipulation of data from the
107     computer system; and
108          (ii) any associated documentation and source material that explain how to operate the
109     computer program.
110          (b) "Computer program" does not mean:
111          (i) the original data, including numbers, text, voice, graphics, and images;
112          (ii) analysis, compilation, and other manipulated forms of the original data produced by
113     use of the program; or
114          (iii) the mathematical or statistical formulas, excluding the underlying mathematical
115     algorithms contained in the program, that would be used if the manipulated forms of the
116     original data were to be produced manually.
117          (5) (a) "Contractor" means:
118          (i) any person who contracts with a governmental entity to provide goods or services
119     directly to a governmental entity; or
120          (ii) any private, nonprofit organization that receives funds from a governmental entity.

121          (b) "Contractor" does not mean a private provider.
122          (6) "Controlled record" means a record containing data on individuals that is controlled
123     as provided by Section 63G-2-304.
124          (7) "Designation," "designate," and their derivative forms mean indicating, based on a
125     governmental entity's familiarity with a record series or based on a governmental entity's
126     review of a reasonable sample of a record series, the primary classification that a majority of
127     records in a record series would be given if classified and the classification that other records
128     typically present in the record series would be given if classified.
129          (8) "Elected official" means each person elected to a state office, county office,
130     municipal office, school board or school district office, local district office, or special service
131     district office, but does not include judges.
132          (9) "Explosive" means a chemical compound, device, or mixture:
133          (a) commonly used or intended for the purpose of producing an explosion; and
134          (b) that contains oxidizing or combustive units or other ingredients in proportions,
135     quantities, or packing so that:
136          (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
137     compound or mixture may cause a sudden generation of highly heated gases; and
138          (ii) the resultant gaseous pressures are capable of:
139          (A) producing destructive effects on contiguous objects; or
140          (B) causing death or serious bodily injury.
141          (10) "Government audit agency" means any governmental entity that conducts an audit.
142          (11) (a) "Governmental entity" means:
143          (i) executive department agencies of the state, the offices of the governor, lieutenant
144     governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
145     the Board of Examiners, the National Guard, the Career Service Review Office, the State
146     Board of Education, the Utah Board of Higher Education, and the State Archives;
147          (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
148     Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
149     committees, except any political party, group, caucus, or rules or sifting committee of the
150     Legislature;
151          (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar

152     administrative units in the judicial branch;
153          (iv) any state-funded institution of higher education or public education; or
154          (v) any political subdivision of the state, but, if a political subdivision has adopted an
155     ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
156     chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
157     as specified in any other section of this chapter that specifically refers to political subdivisions.
158          (b) "Governmental entity" also means:
159          (i) every office, agency, board, bureau, committee, department, advisory board, or
160     commission of an entity listed in Subsection (11)(a) that is funded or established by the
161     government to carry out the public's business;
162          (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
163     undertaking;
164          (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
165          (iv) an association as defined in Section 53G-7-1101;
166          (v) the Utah Independent Redistricting Commission; and
167          (vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
168     more law enforcement officers, as defined in Section 53-13-103.
169          (c) "Governmental entity" does not include the Utah Educational Savings Plan created
170     in Section 53B-8a-103.
171          (12) "Gross compensation" means every form of remuneration payable for a given
172     period to an individual for services provided including salaries, commissions, vacation pay,
173     severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
174     similar benefit received from the individual's employer.
175          (13) "Individual" means a human being.
176          (14) (a) "Initial contact report" means an initial written or recorded report, however
177     titled, prepared by peace officers engaged in public patrol or response duties describing official
178     actions initially taken in response to either a public complaint about or the discovery of an
179     apparent violation of law, which report may describe:
180          (i) the date, time, location, and nature of the complaint, the incident, or offense;
181          (ii) names of victims;
182          (iii) the nature or general scope of the agency's initial actions taken in response to the

183     incident;
184          (iv) the general nature of any injuries or estimate of damages sustained in the incident;
185          (v) the name, address, and other identifying information about any person arrested or
186     charged in connection with the incident; or
187          (vi) the identity of the public safety personnel, except undercover personnel, or
188     prosecuting attorney involved in responding to the initial incident.
189          (b) Initial contact reports do not include follow-up or investigative reports prepared
190     after the initial contact report. However, if the information specified in Subsection (14)(a)
191     appears in follow-up or investigative reports, it may only be treated confidentially if it is
192     private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
193          (c) Initial contact reports do not include accident reports, as that term is described in
194     Title 41, Chapter 6a, Part 4, Accident Responsibilities.
195          (15) "Legislative body" means the Legislature.
196          (16) "Notice of compliance" means a statement confirming that a governmental entity
197     has complied with an order of the State Records Committee.
198          (17) "Person" means:
199          (a) an individual;
200          (b) a nonprofit or profit corporation;
201          (c) a partnership;
202          (d) a sole proprietorship;
203          (e) other type of business organization; or
204          (f) any combination acting in concert with one another.
205          (18) (a) "Personal electronic device" means a device that:
206          (i) enables access to or use of an electronic communication system, computing service,
207     or location information service;
208          (ii) (A) is owned by an individual who is an officer or employee of a governmental
209     entity;
210          (B) is partly or wholly paid for by the individual; or
211          (C) uses a data plan that is partly or wholly paid for by the individual; and
212          (iii) is used by the individual for government purposes or for the transaction of
213     government business.

214          (b) "Personal electronic device" includes a telephone, computer, pager, and electronic
215     tablet.
216          [(18)] (19) "Private provider" means any person who contracts with a governmental
217     entity to provide services directly to the public.
218          [(19)] (20) "Private record" means a record containing data on individuals that is
219     private as provided by Section 63G-2-302.
220          [(20)] (21) "Protected record" means a record that is classified protected as provided by
221     Section 63G-2-305.
222          [(21)] (22) "Public record" means a record that is not private, controlled, or protected
223     and that is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
224          [(22)] (23) (a) "Record" means a book, letter, document, paper, map, plan, photograph,
225     film, card, tape, recording, electronic data, or other documentary material regardless of physical
226     form [or], characteristics, or location, including on a personal electronic device:
227          (i) that is prepared, owned, received, or retained by a governmental entity or political
228     subdivision; and
229          (ii) where all of the information in the original is reproducible by photocopy or other
230     mechanical or electronic means.
231          (b) "Record" does not mean:
232          (i) a personal note or personal communication prepared or received by an employee or
233     officer of a governmental entity:
234          (A) in a capacity other than the employee's or officer's governmental capacity; or
235          (B) that is unrelated to the conduct of the public's business;
236          (ii) a temporary draft or similar material prepared for the originator's personal use or
237     prepared by the originator for the personal use of an individual for whom the originator is
238     working;
239          (iii) material that is legally owned by an individual in the individual's private capacity;
240          (iv) material to which access is limited by the laws of copyright or patent unless the
241     copyright or patent is owned by a governmental entity or political subdivision;
242          (v) proprietary software;
243          (vi) junk mail or a commercial publication received by a governmental entity or an
244     official or employee of a governmental entity;

245          (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
246     of a library open to the public;
247          (viii) material that is cataloged, indexed, or inventoried and contained in the collections
248     of a library open to the public, regardless of physical form or characteristics of the material;
249          (ix) a daily calendar or other personal note prepared by the originator for the
250     originator's personal use or for the personal use of an individual for whom the originator is
251     working;
252          (x) a computer program that is developed or purchased by or for any governmental
253     entity for its own use;
254          (xi) a note or internal memorandum prepared as part of the deliberative process by:
255          (A) a member of the judiciary;
256          (B) an administrative law judge;
257          (C) a member of the Board of Pardons and Parole; or
258          (D) a member of any other body, other than an association or appeals panel as defined
259     in Section 53G-7-1101, charged by law with performing a quasi-judicial function;
260          (xii) a telephone number or similar code used to access a mobile communication
261     device that is used by an employee or officer of a governmental entity, provided that the
262     employee or officer of the governmental entity has designated at least one business telephone
263     number that is a public record as provided in Section 63G-2-301;
264          (xiii) information provided by the Public Employees' Benefit and Insurance Program,
265     created in Section 49-20-103, to a county to enable the county to calculate the amount to be
266     paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
267          (xiv) information that an owner of unimproved property provides to a local entity as
268     provided in Section 11-42-205;
269          (xv) a video or audio recording of an interview, or a transcript of the video or audio
270     recording, that is conducted at a Children's Justice Center established under Section 67-5b-102;
271          (xvi) child pornography, as defined by Section 76-5b-103;
272          (xvii) before final disposition of an ethics complaint occurs, a video or audio recording
273     of the closed portion of a meeting or hearing of:
274          (A) a Senate or House Ethics Committee;
275          (B) the Independent Legislative Ethics Commission;

276          (C) the Independent Executive Branch Ethics Commission, created in Section
277     63A-14-202; or
278          (D) the Political Subdivisions Ethics Review Commission established in Section
279     63A-15-201; or
280          (xviii) confidential communication described in Section 58-60-102, 58-61-102, or
281     58-61-702.
282          [(23)] (24) "Record series" means a group of records that may be treated as a unit for
283     purposes of designation, description, management, or disposition.
284          [(24)] (25) "Records officer" means the individual appointed by the chief
285     administrative officer of each governmental entity, or the political subdivision to work with
286     state archives in the care, maintenance, scheduling, designation, classification, disposal, and
287     preservation of records.
288          [(25)] (26) "Schedule," "scheduling," and their derivative forms mean the process of
289     specifying the length of time each record series should be retained by a governmental entity for
290     administrative, legal, fiscal, or historical purposes and when each record series should be
291     transferred to the state archives or destroyed.
292          [(26)] (27) "Sponsored research" means research, training, and other sponsored
293     activities as defined by the federal Executive Office of the President, Office of Management
294     and Budget:
295          (a) conducted:
296          (i) by an institution within the state system of higher education defined in Section
297     53B-1-102; and
298          (ii) through an office responsible for sponsored projects or programs; and
299          (b) funded or otherwise supported by an external:
300          (i) person that is not created or controlled by the institution within the state system of
301     higher education; or
302          (ii) federal, state, or local governmental entity.
303          [(27)] (28) "State archives" means the Division of Archives and Records Service
304     created in Section 63A-12-101.
305          [(28)] (29) "State archivist" means the director of the state archives.
306          [(29)] (30) "State Records Committee" means the State Records Committee created in

307     Section 63G-2-501.
308          [(30)] (31) "Summary data" means statistical records and compilations that contain
309     data derived from private, controlled, or protected information but that do not disclose private,
310     controlled, or protected information.
311          Section 3. Section 63G-2-204.5 is enacted to read:
312          63G-2-204.5. Search for records on personal electronic device.
313          (1) In responding to a request under Section 63G-2-204, a governmental entity may:
314          (a) conduct a search for a responsive record on a personal electronic device of an
315     officer or employee of the governmental entity, if the officer or employee consents to the
316     search; or
317          (b) request the officer or employee to conduct a search for a responsive record on the
318     personal electronic device of the officer or employee.
319          (2) If requested by the governmental entity that requests a search under Subsection
320     (1)(b), an officer or employee who conducts the search shall provide a sworn declaration
321     certifying that the officer or employee conducted the search and provided access to all records
322     that the officer or employee located that are responsive to the request.
323          (3) A governmental entity that requires and receives a sworn declaration under
324     Subsection (2):
325          (a) may rely on the sworn declaration in responding to the request for records with
326     respect to which the sworn declaration was provided; and
327          (b) if the sworn declaration is later shown to be false, is not liable for a violation of this
328     chapter that occurs because of the falsity of the sworn declaration.
329          Section 4. Section 63G-2-801 is amended to read:
330          63G-2-801. Criminal penalties.
331          (1) (a) A public employee or other person who has lawful access to any private,
332     controlled, or protected record under this chapter, and who intentionally discloses, provides a
333     copy of, or improperly uses a private, controlled, or protected record knowing that the
334     disclosure or use is prohibited under this chapter, is, except as provided in Subsection
335     53-5-708(1)(c), guilty of a class B misdemeanor.
336          (b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released
337     private, controlled, or protected information in the reasonable belief that the use or disclosure

338     of the information was necessary to expose a violation of law involving government
339     corruption, abuse of office, or misappropriation of public funds or property.
340          (c) It is a defense to prosecution under Subsection (1)(a) that the record could have
341     lawfully been released to the recipient if it had been properly classified.
342          (d) It is a defense to prosecution under Subsection (1)(a) that the public employee or
343     other person disclosed, provided, or used the record based on a good faith belief that the
344     disclosure, provision, or use was in accordance with the law.
345          (2) (a) A person who by false pretenses, bribery, or theft, gains access to or obtains a
346     copy of any private, controlled, or protected record to which the person is not legally entitled is
347     guilty of a class B misdemeanor.
348          (b) No person shall be guilty under Subsection (2)(a) who receives the record,
349     information, or copy after the fact and without prior knowledge of or participation in the false
350     pretenses, bribery, or theft.
351          (3) (a) A public employee who intentionally refuses to release a record, the disclosure
352     of which the employee knows is required by law, is guilty of a class B misdemeanor.
353          (b) It is a defense to prosecution under Subsection (3)(a) that the public employee's
354     failure to release the record was based on a good faith belief that the public employee was
355     acting in accordance with the requirements of law.
356          [(c)] (4) A public employee who intentionally refuses to release a record, the disclosure
357     of which the employee knows is required by a final unappealed order from a government entity,
358     the State Records Committee, or a court is guilty of a class B misdemeanor.
359          (5) An officer or employee of a governmental entity is guilty of a class B misdemeanor
360     if the officer or employee:
361          (a) refuses to conduct a search after a governmental entity requests the officer or
362     employee to conduct a search under Subsection 63G-2-204.5(1)(b); or
363          (b) provides a sworn declaration under Subsection 63G-2-204.5(2) that is materially
364     false.
365          Section 5. Section 63G-2-804 is amended to read:
366          63G-2-804. Violation of provision of chapter -- Penalties for intentional
367     mutilation or destruction -- Disciplinary action.
368          A governmental entity may take disciplinary action [which may include], including

369     suspension or discharge, against any employee of the governmental entity who intentionally:
370          (1) violates any provision of this chapter or Subsection 63A-12-105(3)[.]; or
371          (2) refuses to conduct a search after a governmental entity requests the officer or
372     employee to conduct a search under Subsection 63G-2-204.5(1)(b).
373          Section 6. Section 77-27-5 is amended to read:
374          77-27-5. Board of Pardons and Parole authority.
375          (1) (a) Subject to this chapter and other laws of the state, and except for a conviction for
376     treason or impeachment, the board shall determine by majority decision when and under what
377     conditions an offender's conviction may be pardoned or commuted.
378          (b) The Board of Pardons and Parole shall determine by majority decision when and
379     under what conditions an offender committed to serve a sentence at a penal or correctional
380     facility, which is under the jurisdiction of the department, may:
381          (i) be released upon parole;
382          (ii) have a fine or forfeiture remitted;
383          (iii) have the offender's criminal accounts receivable remitted in accordance with
384     Section 77-32b-105 or 77-32b-106;
385          (iv) have the offender's payment schedule modified in accordance with Section
386     77-32b-103; or
387          (v) have the offender's sentence terminated.
388          (c) (i) The board may sit together or in panels to conduct hearings.
389          (ii) The chair shall appoint members to the panels in any combination and in
390     accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
391     Rulemaking Act, by the board.
392          (iii) The chair may participate on any panel and when doing so is chair of the panel.
393          (iv) The chair of the board may designate the chair for any other panel.
394          (d) (i) Except after a hearing before the board, or the board's appointed examiner, in an
395     open session, the board may not:
396          (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
397     receivable;
398          (B) release the offender on parole; or
399          (C) commute, pardon, or terminate an offender's sentence.

400          (ii) An action taken under this Subsection (1) other than by a majority of the board
401     shall be affirmed by a majority of the board.
402          (e) A commutation or pardon may be granted only after a full hearing before the board.
403          (2) (a) In the case of any hearings, timely prior notice of the time and location of the
404     hearing shall be given to the offender.
405          (b) The county or district attorney's office responsible for prosecution of the case, the
406     sentencing court, and law enforcement officials responsible for the defendant's arrest and
407     conviction shall be notified of any board hearings through the board's website.
408          (c) Whenever possible, the victim or the victim's representative, if designated, shall be
409     notified of original hearings and any hearing after that if notification is requested and current
410     contact information has been provided to the board.
411          (d) (i) Notice to the victim or the victim's representative shall include information
412     provided in Section 77-27-9.5, and any related rules made by the board under that section.
413          (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
414     reasonable for the lay person to understand.
415          (3) (a) A decision by the board is final and not subject for judicial review if the
416     decision is regarding:
417          (i) a pardon, parole, commutation, or termination of an offender's sentence;
418          (ii) the modification of an offender's payment schedule for restitution; or
419          (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
420          (b) Deliberative processes are not public and the board is exempt from Title 52,
421     Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
422     deliberative process.
423          (c) Pursuant to Subsection 63G-2-103[(22)](23)(b)(xi), records of the deliberative
424     process are exempt from Title 63G, Chapter 2, Government Records Access and Management
425     Act.
426          (d) Unless it will interfere with a constitutional right, deliberative processes are not
427     subject to disclosure, including discovery.
428          (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
429          (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
430     power to grant respite or reprieves in all cases of convictions for offenses against the state,

431     except treason or conviction on impeachment.
432          (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
433     next session of the Board of Pardons and Parole.
434          (c) At the next session of the board, the board:
435          (i) shall continue or terminate the respite or reprieve; or
436          (ii) may commute the punishment or pardon the offense as provided.
437          (d) In the case of conviction for treason, the governor may suspend execution of the
438     sentence until the case is reported to the Legislature at the Legislature's next session.
439          (e) The Legislature shall pardon or commute the sentence or direct the sentence's
440     execution.
441          (5) (a) In determining when, where, and under what conditions an offender serving a
442     sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
443     criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
444     the board shall:
445          (i) consider whether the offender has made restitution ordered by the court under
446     Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
447     remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
448     termination of the offender's sentence;
449          (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
450     making determinations under this Subsection (5);
451          (iii) consider information provided by the Department of Corrections regarding an
452     offender's individual case action plan; and
453          (iv) review an offender's status within 60 days after the day on which the board
454     receives notice from the Department of Corrections that the offender has completed all of the
455     offender's case action plan components that relate to activities that can be accomplished while
456     the offender is imprisoned.
457          (b) The board shall determine whether to remit an offender's criminal accounts
458     receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
459          (6) In determining whether parole may be terminated, the board shall consider:
460          (a) the offense committed by the parolee; and
461          (b) the parole period under Section 76-3-202, and in accordance with Section

462     77-27-13.
463          (7) For an offender placed on parole after December 31, 2018, the board shall
464     terminate parole in accordance with the supervision length guidelines established by the Utah
465     Sentencing Commission under Section 63M-7-404, to the extent the guidelines are consistent
466     with the requirements of the law.