HB 70 — Correctional Health Services Amendments

(a) health services;

(b) mental health services;

and (c) opioid treatment programs.

- 9 - HB0070 compared with HB0070S04 (4) For any accreditation described in Subsection (3) for which a covered health care facility does not meet the requirements on or before the May 6, 2026, the covered health care facility shall apply for and meet the requirements for accreditation on or before December 31, 2027.

{Section 7.

Section 77-27-5 is amended to read:

} 77-27-5.

Board of Pardons and Parole authority.

(1) (a) Subject to this chapter and other laws of the state, and except for a conviction for treason or impeachment, the board shall determine by majority decision when and under what conditions an offender's conviction may be pardoned or commuted.

(b) The board shall determine by majority decision when and under what conditions an offender committed to serve a sentence at a penal or correctional facility, which is under the jurisdiction of the department, may:

(i) be released upon parole;

(ii) have a fine or forfeiture remitted;

(iii) have the offender's criminal accounts receivable remitted in accordance with Section 77-32b-105 or 77-32b-106;

(iv) have the offender's payment schedule modified in accordance with Section 77-32b-103;

or (v) have the offender's sentence terminated.

(c) The board shall prioritize public safety when making a determination under Subsection (1)(a) or (1) (b).

(d) (i) The board may sit together or in panels to conduct hearings.

(ii) The chair shall appoint members to the panels in any combination and in accordance with rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(iii) The chair may participate on any panel and when doing so is chair of the panel.

(iv) The chair of the board may designate the chair for any other panel.

(e) (i) Except after a hearing before the board, or the board's appointed examiner, in an open session, the board may not:

(A) remit a fine or forfeiture for an offender or the offender's criminal accounts receivable;

(B) release the offender on parole;

or - 10 - HB0070 compared with HB0070S04 (C) commute, pardon, or terminate an offender's sentence.

(ii) An action taken under this Subsection (1) other than by a majority of the board shall be affirmed by a majority of the board.

(f) A commutation or pardon may be granted only after a full hearing before the board.

(2) (a) In the case of a hearing, timely prior notice of the time and location of the hearing shall be given to the offender.

(b) The county or district attorney's office responsible for prosecution of the case, the sentencing court, and law enforcement officials responsible for the defendant's arrest and conviction shall be notified of any board hearings through the board's website.

(c) Whenever possible, the victim or the victim's representative, if designated, shall be notified of original hearings and any hearing after that if notification is requested and current contact information has been provided to the board.

(d) (i) Notice to the victim or the victim's representative shall include information provided in Section 77-27-9.5, and any related rules made by the board under that section.

(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are reasonable for the lay person to understand.

(3) (a) A decision by the board is final and not subject for judicial review if the decision is regarding:

(i) a pardon, parole, commutation, or termination of an offender's sentence;

(ii) restitution, the modification of an offender's payment schedule for restitution, or an order for costs;

or (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.

(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's deliberative process.

(c) Pursuant to Subsection 63G-2-103(25)(b)(xii), records of the deliberative process are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.

(d) Unless it will interfere with a constitutional right, deliberative processes are not subject to disclosure, including discovery.

(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.

- 11 - HB0070 compared with HB0070S04 (4) (a) This chapter may not be construed as a denial of or limitation of the governor's power to grant respite or reprieves in all cases of convictions for offenses against the state, except treason or conviction on impeachment.

(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the next session of the board.

(c) At the next session of the board, the board:

(i) shall continue or terminate the respite or reprieve;

or (ii) may commute the punishment or pardon the offense as provided.

(d) In the case of conviction for treason, the governor may suspend execution of the sentence until the case is reported to the Legislature at the Legislature's next session.

(e) The Legislature shall pardon or commute the sentence or direct the sentence's execution.

(5) (a) In determining when, where, and under what conditions an offender serving a sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's criminal accounts receivable remitted, or have the offender's sentence commuted or terminated, the board shall:

(i) consider whether the offender has made restitution ordered by the court under Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or termination of the offender's sentence;

(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for making determinations under this Subsection (5);

(iii) consider information provided by the department regarding an offender's individual case action plan;

and (iv) review an offender's status within 60 days after the day on which the board receives notice from the department that the offender has completed all of the offender's case action plan components that relate to activities that can be accomplished while the offender is imprisoned.

(b) The board shall determine whether to remit an offender's criminal accounts receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.

(c) When determining when and under what conditions an offender serving a sentence may be paroled, the board may consider designated examiners' reports with Subsection 77-27-7(5)(b).

- 12 - HB0070 compared with HB0070S04 (6) In determining whether parole may be terminated, the board shall consider:

(a) the offense committed by the parolee;

and (b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.

(7) For an offender placed on parole after December 31, 2018, the board shall terminate parole in accordance with the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the requirements of the law.

(8) The board may not rely solely on an algorithm or a risk assessment tool score in determining whether parole should be granted or terminated for an offender.

(9) The board may intervene as a limited-purpose party in a judicial or administrative proceeding, including a criminal action, to seek:

(a) correction of an order that has or will impact the board's jurisdiction;

or (b) clarification regarding an order that may impact the board's jurisdiction.

(10) A motion to intervene brought under Subsection (9)(a) shall be raised within 60 days after the day on which a court enters the order that impacts the board's jurisdiction.

{Section 8.

Section 77-27-7 is amended to read:

} 77-27-7.

Parole or hearing dates -- Interview -- Hearings -- Report of licensed mental health professional -- Mental competency -- Report of designated examiner -- Rulemaking authority.

(1) (a) For an offender serving a sentence upon conviction of a felony or class A misdemeanor offense, the board shall:

(i) within six months after the day on which the offender is committed to the custody of the department, set a hearing date to establish the offender's release date or date for rehearing;

and (ii) promptly notify the offender of the date described in Subsection (1)(a)(i).

(b) (i) The board may delay setting the hearing date described in Subsection (1)(a)(i) if the offender has an additional pending criminal case at the time of the offender's commitment to the custody of the department.

(ii) For purposes of Subsection (1)(b)(i), a pending criminal case includes:

(A) uncharged conduct that is being screened for prosecution, unless one year has passed since the day on which the board was notified of the screening and no charge has been filed within that time period;

and - 13 - HB0070 compared with HB0070S04 (B) charged conduct that has not reached resolution.

(c) If the board delays setting the hearing date as described in Subsection (1)(b), the board shall set a hearing date no later than six months after the day on which the final criminal case described in Subsection (1)(b) has been resolved.

(d) (i) If the board delays setting the hearing date as described in Subsection (1)(b), the board shall establish and use a process to monitor the progress of the pending criminal action by seeking or obtaining updates no less frequently than every six months.

(ii) The board shall establish the process described in Subsection (1)(d)(i) by creating rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(e) When determining the hearing date under Subsection (1)(a), the board shall consider:

(i) the type and severity of offenses;

(ii) prior criminal history;

(iii) criminogenic risk factors;

and (iv) evidence-based assessments.

(2) (a) Before reaching a final decision to release an offender under this chapter, the chair shall cause the offender to appear before the board, the board's panel, or an appointed hearing officer, who shall personally interview the offender to consider the offender's fitness for release and verify as far as possible information furnished from other sources.

(b) An offender may waive a personal appearance before the board.

(c) (i) An offender outside of the state shall, if ordered by the board, submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in which the offender is housed in lieu of an appearance before the board.

(ii) The offender shall be promptly notified in writing of the board's decision.

(3) (a) In the case of an offender convicted of violating or attempting to violate any of the provisions of Section 76-5-301.1, Subsection 76-5-302(2)(b)(vi), Section 76-5-402, 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, 76-5-404.3, or 76-5-405, the chair may appoint one or more licensed mental health professionals who shall examine the offender within - 14 - HB0070 compared with HB0070S04 six months prior to a hearing at which an original parole date is granted on any offense listed in this Subsection (3).

(b) (i) The licensed mental health professional shall report in writing the results of the examination to the board prior to the hearing.

(ii) The report of the appointed licensed mental health professional shall specifically address the question of the offender's current mental condition and attitudes as they relate to any danger the offender may pose to children or others if the offender is released on parole.

(4) A parolee may petition the board for termination of lifetime parole as provided in Section 76-3-202 in the case of a parolee convicted of a first degree felony violation, or convicted of attempting to violate Section 76-5-301.1, Subsection 76-5-302(2)(b)(vi), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, 76-5-404.3, or 76-5-405, and released on parole before January 1, 2019.

(5) (a) In a case in which an offender's mental competency is questioned by the board, the chair may appoint one or more licensed mental health professionals to examine the offender and report in writing to the board, specifically addressing the issue of competency.

(b) (i) In a case in which the board has reason to believe that an offender may have a mental illness, as that term is defined in Section 26B-5-301, the chair may appoint two designated examiners, as that term is defined in Section 26B-5-301, each of which shall examine the offender and prepare a report that includes the designated examiner's determinations regarding whether:

(A) the offender has a mental illness;

(B) there is no appropriate less-restrictive alternative to including assisted outpatient treatment as a condition of parole;

and (C) the offender lacks the ability to engage in a rational decision-making process regarding the acceptance of mental health treatment as demonstrated by evidence of an inability to weigh the possible risks of accepting or rejecting treatment, or the offender needs assisted outpatient treatment in order to prevent relapse or deterioration that is likely to result in the offender posing a substantial danger to self or others.

- 15 - HB0070 compared with HB0070S04 (ii) Based on the designated examiners' reports, the board may require assisted outpatient treatment as a condition of parole for an offender with a mental illness.

(iii) If assisted outpatient treatment is ordered, failure to continue treatment, except by agreement with the treatment provider and the board, is a basis for initiation of parole violation hearings by the board.

(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules governing:

(a) the hearing process;

(b) licensed mental health professional examinations;[ and] (c) designated examiner examinations;

and [(c)] (d) parolee petitions for termination of parole.

Section .

ITEM 1 To Department of Health and Human Services - Integrated Health Care Services From Medicaid Growth Reduction and Budget Stabilization Account, One-(t7One-time(7,000,000) i,0e0,000) Schedule of Programs:

ITEM 1 To Utah Department of Corrections - Administration16 - 9HB0070 - HB0070S01 compared with HB0070S04 {FromSubsection General7(b). Fund, One-time 500,000 } Schedule of Programs:

{Prison Operations Administration 500,000 } The Legislature intends that the Department of Corrections use the appropriation under this item for software to monitor telephone calls and email communications of inmates for communications regarding health-related subjects.

Subsection 7(b).

Medicaid Growth Reduction and Budget Stabilization (Acc(o7,nt0,000) A7,cou,000) Section 8.

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