Representative Judy Weeks Rohner proposes the following substitute bill:


1     
BOARD OF PARDONS AND PAROLE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Judy Weeks Rohner

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the responsibilities of the Board of Pardons and Parole.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Board of Pardons and Parole to prioritize public safety when making a
14     decision about an offender;
15          ▸     enacts reporting requirements; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          77-27-5, as last amended by Laws of Utah 2021, Chapters 21, 246 and 260 and last
24     amended by Coordination Clause, Laws of Utah 2021, Chapter 260
25     ENACTS:

26          77-27-32, Utah Code Annotated 1953
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 77-27-5 is amended to read:
30          77-27-5. Board of Pardons and Parole authority.
31          (1) (a) Subject to this chapter and other laws of the state, and except for a conviction
32     for treason or impeachment, the board shall determine by majority decision when and under
33     what conditions an offender's conviction may be pardoned or commuted.
34          (b) The Board of Pardons and Parole shall determine by majority decision when and
35     under what conditions an offender committed to serve a sentence at a penal or correctional
36     facility, which is under the jurisdiction of the department, may:
37          (i) be released upon parole;
38          (ii) have a fine or forfeiture remitted;
39          (iii) have the offender's criminal accounts receivable remitted in accordance with
40     Section 77-32b-105 or 77-32b-106;
41          (iv) have the offender's payment schedule modified in accordance with Section
42     77-32b-103; or
43          (v) have the offender's sentence terminated.
44          (c) The board shall prioritize public safety when making a determination under
45     Subsection (1)(a) or (1)(b).
46          [(c)] (d) (i) The board may sit together or in panels to conduct hearings.
47          (ii) The chair shall appoint members to the panels in any combination and in
48     accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
49     Rulemaking Act, by the board.
50          (iii) The chair may participate on any panel and when doing so is chair of the panel.
51          (iv) The chair of the board may designate the chair for any other panel.
52          [(d)] (e) (i) Except after a hearing before the board, or the board's appointed examiner,
53     in an open session, the board may not:
54          (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
55     receivable;
56          (B) release the offender on parole; or

57          (C) commute, pardon, or terminate an offender's sentence.
58          (ii) An action taken under this Subsection (1) other than by a majority of the board
59     shall be affirmed by a majority of the board.
60          [(e)] (f) A commutation or pardon may be granted only after a full hearing before the
61     board.
62          (2) (a) In the case of any hearings, timely prior notice of the time and location of the
63     hearing shall be given to the offender.
64          (b) The county or district attorney's office responsible for prosecution of the case, the
65     sentencing court, and law enforcement officials responsible for the defendant's arrest and
66     conviction shall be notified of any board hearings through the board's website.
67          (c) Whenever possible, the victim or the victim's representative, if designated, shall be
68     notified of original hearings and any hearing after that if notification is requested and current
69     contact information has been provided to the board.
70          (d) (i) Notice to the victim or the victim's representative shall include information
71     provided in Section 77-27-9.5, and any related rules made by the board under that section.
72          (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
73     reasonable for the lay person to understand.
74          (3) (a) A decision by the board is final and not subject for judicial review if the
75     decision is regarding:
76          (i) a pardon, parole, commutation, or termination of an offender's sentence;
77          (ii) the modification of an offender's payment schedule for restitution; or
78          (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
79          (b) Deliberative processes are not public and the board is exempt from Title 52,
80     Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
81     deliberative process.
82          (c) Pursuant to Subsection 63G-2-103(22)(b)(xi), records of the deliberative process
83     are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
84          (d) Unless it will interfere with a constitutional right, deliberative processes are not
85     subject to disclosure, including discovery.
86          (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
87          (4) (a) This chapter may not be construed as a denial of or limitation of the governor's

88     power to grant respite or reprieves in all cases of convictions for offenses against the state,
89     except treason or conviction on impeachment.
90          (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
91     next session of the Board of Pardons and Parole.
92          (c) At the next session of the board, the board:
93          (i) shall continue or terminate the respite or reprieve; or
94          (ii) may commute the punishment or pardon the offense as provided.
95          (d) In the case of conviction for treason, the governor may suspend execution of the
96     sentence until the case is reported to the Legislature at the Legislature's next session.
97          (e) The Legislature shall pardon or commute the sentence or direct the sentence's
98     execution.
99          (5) (a) In determining when, where, and under what conditions an offender serving a
100     sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
101     criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
102     the board shall:
103          (i) consider whether the offender has made restitution ordered by the court under
104     Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
105     remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
106     termination of the offender's sentence;
107          (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
108     making determinations under this Subsection (5);
109          (iii) consider information provided by the Department of Corrections regarding an
110     offender's individual case action plan; and
111          (iv) review an offender's status within 60 days after the day on which the board
112     receives notice from the Department of Corrections that the offender has completed all of the
113     offender's case action plan components that relate to activities that can be accomplished while
114     the offender is imprisoned.
115          (b) The board shall determine whether to remit an offender's criminal accounts
116     receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
117          (6) In determining whether parole may be terminated, the board shall consider:
118          (a) the offense committed by the parolee; and

119          (b) the parole period under Section 76-3-202, and in accordance with Section
120     77-27-13.
121          (7) For an offender placed on parole after December 31, 2018, the board shall
122     terminate parole in accordance with the supervision length guidelines established by the Utah
123     Sentencing Commission under Section 63M-7-404, to the extent the guidelines are consistent
124     with the requirements of the law.
125          Section 2. Section 77-27-32 is enacted to read:
126          77-27-32. Reporting requirements.
127          (1) The board shall publicly display metrics on the board's website, including:
128          (a) a measure of recidivism;
129          (b) a measure of time under board jurisdiction;
130          (c) a measure of prison releases by category;
131          (d) a measure of parole revocations;
132          (e) a measure of alignment of board decisions with the guidelines established by the
133     Sentencing Commission under Section 63M-7-404; and
134          (f) a measure of the aggregate reasons for departing from the guidelines described in
135     Subsection (1)(e).
136          (2) On or before September 30 of each year, the board shall submit to the commission
137     and the Law Enforcement and Criminal Justice Interim Committee a report for the previous
138     fiscal year that summarizes the metrics in Subsection (1).