HB 110 — Offender Modifications

(8)(8)(a) (a) The department shall coordinate with a local mental health authority to complete the requirements of this Subsection (8) for an offender who:

- 7 - HB0110 compared with HB0110S06 (ii) meets the criteria for assisted outpatient treatment;

or (iii) would benefit from assignment to an assertive community treatment team or available community-community-based based services.

or (iii)- seek6 to- haveEnrolled theCopy offenderH.B. assigned to an assertive community treatment team or available community-based services.

110 (iii) seek to have the offender assigned to an assertive community treatment team or available community-based services.

77-18-105.77-18-105 .

(3)(3)(a) (a) The legal custody of all probationers under the supervision of the division is with the department.

- 8 - HB0110 compared with HB0110S06 (c) The court has continuing jurisdiction over all probationers.

(4)(4)(a) (a) Court probation may include an administrative level of services, including notification to the sentencing court of scheduled periodic reviews of the probationer's compliance with conditions.

(c)- If7 a- courtH.B. orders supervised probation and determines that a public probation provider is unavailable or inappropriate to supervise the defendant, the court shall make available to the defendant the list of private probation providers prepared by a criminal justice coordinating council under Section 17E-2-201.

(5)110 (a)Enrolled BeforeCopy ordering(c) If a court orders supervised probation,probation theand courtdetermines shallthat considera public probation provider is unavailable or inappropriate to supervise the supervisiondefendant, coststhe court shall make available to the defendant forthe eachlist entityof thatprivate canprobation superviseproviders theprepared defendant.by a criminal justice coordinating council under Section 17E-2-201.

(b)(5)(a) (i)Before Aordering courtsupervised mayprobation, orderthe ancourt agencyshall ofconsider athe localsupervision governmentcosts to supervise the probationdefendant for aneach individualentity convictedthat ofcan anysupervise crimethe if:defendant.

(b)(i) A court may order an agency of a local government to supervise the probation for an individual convicted of any crime if:

- 9 - HB0110 compared with HB0110S06 (c) A court may not order a specific private organization to supervise an individual unless there is only one private organization that can provide the specific supervision services required to meet the individual's supervision needs.

(6)(6)(a) (a) If a defendant is placed on probation, the court may order the defendant as a condition of the defendant's probation:

(iii) be voluntarily admitted to the custody of the Division of Substance Use and Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;- 8 - Enrolled Copy H.B.

110 77-18-106;

(c)(c)(i) - 10 - HB0110 compared with HB0110S06 (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a defendant to include a period of time that is served in a county jail immediately before the termination of probation as long as that period of time does not exceed one year.

(7)(7)(a) (a) Except as provided in Subsection (7)(b), probation of an individual placed on probation after December 31, 2018:

and (iii) shall be terminated in accordance with the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines are- consistent9 with- theH.B. requirements of the law.

110 Enrolled Copy are consistent with the requirements of the law.

(8)(8)(a) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal accounts receivable for the defendant upon termination of the probation period for the defendant under Subsection (7), the court may require the defendant to continue to make payments towards the criminal accounts receivable in accordance with the payment schedule established by the court under Section 77-32b-103.

- 11 - HB0110 compared with HB0110S06 (b) A court may not require the defendant to make payments as described in Subsection (8)(a) beyond the expiration of the defendant's sentence.

(d)(d)(i) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's own motion, the court may require a defendant to show cause as to why the defendant's failure to pay in accordance with the payment schedule should not be treated as contempt of court.

(a) the court shall consider information provided by the Department of Corrections regarding a defendant's individual case action plan, including any progress the defendant- has10 made- inEnrolled satisfyingCopy theH.B. case action plan's completion requirements;

110 defendant has made in satisfying the case action plan's completion requirements;

{SectionSection 1.3.

Section 77-27-1 is amended to read:

} 77-27-1.

Definitions.

As used in this chapter:

(1) "Appearance" means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview.

(2) "Board" means the Board of Pardons and Parole.

(3) (a) "Case action plan" means a document developed by the Department of Corrections that identifies the program priorities for the treatment of the offender.

(b) "Case action plan" includes the criminal risk factors as determined by a risk and needs assessment conducted by the department.

- 12 - HB0110 compared with HB0110S06 (4) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(5) "Commutation" is the change from a greater to a lesser punishment after conviction.

(6) "Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102.

(7) "Criminal risk factors" means a person's characteristics and behaviors that:

(a) affect that person's risk of engaging in criminal behavior;

and (b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior.

(8) (a) "Deliberative process" means the board or any number of the board's individual members together engaging in discussions, whether written or verbal, regarding a parole, a pardon, a commutation, termination of sentence, or fines, fees, or restitution in an individual case.

(b) "Deliberative process" includes the votes, mental processes, written notes, and recommendations of individual board members and staff.

(c) "Deliberative process" does not include:

(i) a hearing where the offender is present;

(ii) any factual record the board is considering, including records of the offender's criminal convictions, records regarding the offender's current or previous incarceration and supervision, and records regarding the offender's physical or mental health;

(iii) recommendations regarding the offender's incarceration or supervision from any other individual, governmental entity, or agency;

(iv) testimony received by the board regarding the offender, whether written or verbal;

or (v) the board's decision or rationale for the decision.

(9) "Department" means the Department of Corrections.

(10) "Expiration" means when the maximum sentence has run.

(11) "Family" means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian.

(12) "Hearing" or "full hearing" means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board.

- 13 - HB0110 compared with HB0110S06 (13) "Location," in reference to a hearing, means the physical location at which the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless of the location of any person participating by electronic means.

(14) "Open session" means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means.

(15) "Panel" means members of the board assigned by the chairperson to a particular case.

(16) "Pardon" means:

(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;

(b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction;

and (c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense.

(17) "Parole" means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence.

(18) "Payment schedule" means the same as that term is defined in Section 77-32b-102.

(19) "Pecuniary damages" means the same as that term is defined in Section 77-38b-102.

(20) "Probation" means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions.

(21) "Remit" or "remission" means the same as that term is defined in Section 77-32b-102.

(22) "Reprieve" or "respite" means the temporary suspension of the execution of the sentence.

(23) "Restitution" means the same as that term is defined in Section 77-38b-102.

(24) "Termination" means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence.

(25) "Victim" means:

(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter;

or (b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter.

(26) "Violent felony" means the same as that term is defined in Section 76-3-203.5.

- 14 - HB0110 compared with HB0110S06 Section 3.

77-27-5.77-27-5 .

(1)(1)(a) (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.

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

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

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

- 15 - HB0110 compared with HB0110S06 (f) A commutation or pardon may be granted only after a full hearing before the board.

{[(2)}- {(a)11 In- theH.B. 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.]} {(2)} {(a) If a hearing is held in accordance with Subsection (1), the board shall provide:} {(i) timely notice of the time and location of the upcoming hearing to the offender;} {(ii) timely notice as described in Subsection (2)(b) of an upcoming hearing related to an offender to:} {(A) the county or district attorney's office responsible for prosecution of the offender's case;} {(B) the court that sentenced the offender;

and}110 {(C)Enrolled Copy (2)(a) In the lawcase enforcementof agencya thathearing, initiallytimely arrestedprior notice of the offender;time and location of the hearing shall be given to the offender.

and}(b) {(iii)The timelycounty notice to the victim or thedistrict victim'sattorney's representativeoffice ofresponsible thefor timeprosecution and location of the upcomingcase, hearing that meets the requirementssentencing described in Section 77-27-9.5.} {(b)} {(i) Except as provided in Subsection (2)(b)(ii), the board shall provide the notification described in Subsection (2)(a)(ii) at least 30 days before the day on which the hearing will be held to the county or district attorney's office, the court, and the law enforcement agencyofficials by:}responsible {(A)for publishing the notificationdefendant's onarrest the board's website;} {(B) emailing a notification to the applicable attorney's office, court, and lawconviction enforcementshall agency;}be -notified 16of -any HB0110board comparedhearings with HB0110S06 {(C) sending through certified mail a written copy of the notificationboard's towebsite. the applicable attorney's office, court, and law enforcement agency;

and}(c) {(D)Whenever ifpossible, applicable, sending the notificationvictim throughor a secure electronic portal that the boardvictim's andrepresentative, theif applicabledesignated, attorney'sshall office,be court,notified orof laworiginal enforcementhearings agencyand share.}any {(ii)hearing Ifafter the board determines that circumstancesif requirenotification anis expeditedrequested hearingand resultingcurrent incontact theinformation boardhas beingbeen unableprovided to comply with the 30-dayboard. requirement described in Subsection (2)(b)(i), the board:} {(A) is not required to comply with the 30-day notification requirement;

and}(d)(i) {(B)Notice shall, in addition to the requirementsvictim ofor Subsections (2)(b)(i)(A) through (D), verbally notify the applicablevictim's attorney'srepresentative office,shall court,include andinformation lawprovided enforcementin agencySection as77-27-9.5, soon as practicable to inform the attorney's office, court, and lawany enforcementrelated agencyrules ofmade the upcoming hearing.} (3) (a) A decision by the board isunder finalthat andsection. not subject for judicial review if the decision is regarding:

(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:

(4)(4)(a) (a) This chapter [may not be construed as a denial of or limitation of] does not deny or limit 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.

(i)- shall12 continue- orEnrolled terminateCopy theH.B. respite or reprieve;

or110 -(i) 17shall -continue HB0110or comparedterminate with HB0110S06 (ii) may commute the punishmentrespite or pardonreprieve; the offense as provided.

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

(5)(5)(a) (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:

and (v) if considering whether to parole an offender who has previously been paroled and had the parole {terminated } revoked due to the commission of a new criminal offense by the offender, consider the facts and circumstances of the new criminal offense when determining whether the offender should be paroled again.

- 18 - HB0110 compared with HB0110S06 (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- in13 Section- 63M-7-401.1,H.B. to the extent the guidelines are consistent with the requirements of the law.

(8)110 {(a)}Enrolled {[}Copy The{]}defined Whenin determiningSection whether63M-7-401.1, paroleto shouldthe beextent grantedthe orguidelines terminatedare forconsistent anwith offender,the the}requirements boardof maythe not{:law.

(i)(8) {[}The ]}board may not rely solely on an algorithm or a risk assessment tool score{[score in determining whether parole should be granted or terminated for an offender.{]}offender. ;} {(ii) consider prison capacity, bed availability, or institutional population levels;

or} {(iii) parole an offender who has not completed treatment or programming that was ordered to be completed while the offender is incarcerated.} {(b) Subsection (8)(a)(ii) does not apply to decisions on releases made under Section 64-13-38.} (9) The board may intervene as a limited-purpose party in a judicial or administrative proceeding, including a criminal action, to seek:

Section 477-27-5.6 is enacted to read:

77-27-5.6.77-27-5.6 .

- 19 - HB0110 compared with HB0110S06 (i) the day on which the offender was placed on probation;

or (b) for an offender who is required to register for the offender's lifetime under Subsection 53-29-203(1)53-29-203(1)(b), (b), 20 years have passed after the later of:

(iv)- the14 day- onEnrolled whichCopy theH.B. offender entered a community-based residential program;

110 (iv) the day on which the offender entered a community-based residential program;

77-27-9.77-27-9 .

(1)(1)(a) (a) The Board of Pardons and Parole may parole any offender or terminate the sentence of any offender committed to a penal or correctional facility under the jurisdiction of the Department of Corrections except as provided in Subsection (2).

(i) finds[ ]finds mitigating circumstances which justify the release;

- 20 - HB0110 compared with HB0110S06 (d) The release of an offender shall be at the initiative of the board, which shall consider each case as the offender becomes eligible.

(2)(2)(a) (a) An individual sentenced to prison [prior to] before April 29, 1996, for a first degree felony involving child kidnapping, a violation of Section 76-5-301.1;

sodomy upon- a15 child,- aH.B. violation of Section 76-5-403.1;

110 Enrolled Copy upon a child, a violation of Section 76-5-403.1;

or - 21 - HB0110 compared with HB0110S06 (ii) the offender can demonstrate by a preponderance of the evidence that the offender has cooperated in good faith in efforts to locate the remains.

{(i)(3) The board may notrescind: re-parole an offender from a period of incarceration imposed by a conviction if:} {(i) the offender has previously been paroled under that conviction;

and} {(ii) the offender's previous parole was revoked because the offender was charged with committing a violent felony during the time the offender was paroled.} (3) The board may rescind:

or (b)- an16 offender's- terminationEnrolled dateCopy fromH.B. parole [prior to] before the offender being terminated from parole.

(4)110 (a)(b) Thean boardoffender's maytermination issuedate subpoenasfrom toparole compel[prior theto] attendancebefore of witnesses and the productionoffender ofbeing evidence,terminated tofrom administerparole. oaths, and to take testimony for the purpose of any investigation by the board or any of the board's members or by a designated hearing examiner in the performance of the board's duties.

(4)(a) The board may issue subpoenas to compel the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony for the purpose of any investigation by the board or any of the board's members or by a designated hearing examiner in the performance of the board's duties.

(5)(5)(a) (a) The board may adopt rules consistent with law for the board's government, meetings and hearings, the conduct of proceedings before the board, the parole and pardon of offenders, the commutation and termination of sentences, and the general conditions under which parole may be granted and revoked.

- 22 - HB0110 compared with HB0110S06 (6) The board does not provide counseling or therapy for victims as a part of their participation in any hearing under this chapter.

{Section 5.

Section 77-27-9.5 is amended to read:

} 77-27-9.5.

Victim rights regarding hearings.

[(1) As used in this section, "hearing" means a hearing for a parole grant or revocation, or a rehearing of either of these if the offender is present.] [(2)] (1) (a) Except as provided in Subsection [(2)(b)] (1)(b), when a hearing is held regarding any offense committed by the defendant that involved the victim, the victim may attend the hearing to present the victim's views concerning the decisions to be made regarding the defendant.

(b) (i) The victim may not attend a redetermination or special attention hearing if the offender is not present.

(ii) At that redetermination or special attention hearing, the board shall give consideration to any presentation previously given by the victim regarding that offender.

[(3)] (2) (a) (i) [The] Except as provided in Subsection (2)(a)(ii), the board shall [send timely] provide notice of the hearing to the victim as provided in [Subsection (3)(c)] Subsections (2)(b) through (e) at least 30 days before the day on which the hearing will be held.

(ii) If the board determines that circumstances require an expedited hearing resulting in the board being unable to comply with the 30-day notice requirement described in Subsection (2)(a)(i), the board is not required to comply with the 30-day notice requirement but shall send the notice to the victim as soon as practicable to ensure that the victim has adequate notice of the upcoming hearing.

(b) The notice described in Subsection (2)(a) shall be provided in terms that a reasonable lay person can understand and include:

(i) the date, time, and location of the hearing;

- 23 - HB0110 compared with HB0110S06 (ii) a clear statement of the reason for the hearing, including all offenses involved;

(iii) the statutes and rules applicable to the victim's participation in the hearing;

(iv) the address and telephone number of an office or person the victim may contact for further explanation of the procedure regarding victim participation in the hearing;

and (v) specific information about how, when, and where the victim may obtain the results of the hearing.

(c) The board may notify a victim through the board's website or through the mail or other electronic means available to the board.

(d) If the victim requests that a notification occur using a specific method offered by the board, the board shall make reasonable efforts to accommodate that request.

(e) If the victim is deceased, or the board is otherwise unable to contact the victim, the board shall make reasonable efforts to notify the victim's immediate family of the hearing.

(f) The victim may communicate with the board for consideration of continuance of the hearing if travel or other significant conflict prohibits the victim's attendance at the hearing.

[(4)] (3) The victim, or family members if the victim is deceased or unable to attend due to physical incapacity, may:

(a) attend the hearing to observe;

(b) make a statement to the board, or the board's appointed examiner, in person or through a representative appointed by the victim or the victim's family;

and (c) remain present for the hearing if the victim appoints another to make a statement on the victim's behalf.

[(5)] (4) The statement may be presented:

(a) as a written statement, which may also be read aloud, if the presenter desires;

or (b) as an oral statement presented by the person selected under Subsection [(4)] (3).

[(6)] (5) The victim may be accompanied by a member of his family or another individual, present to provide emotional support to the victim.

[(7)] (6) The victim may, upon request, testify outside the presence of the [defendant] offender but a separate hearing may not be held for this purpose.

[(8)] (7) (a) If a victim does not attend a hearing, the victim may provide a written statement that complies with board rules.

- 24 - HB0110 compared with HB0110S06 (b) If the victim does not offer a verbal or written statement at the time of the hearing, the board shall consider any statement from the victim that was previously provided to the board.

(c) The board may not afford a written statement provided by a victim less weight than a verbal statement solely because the statement is written.

(8) (a) If a victim or a family members of a victim provides a written statement:

(i) the statement and any copy of the statement shall remain in the care, custody, and control of the board;

and (ii) the board may not allow an offender to take possession of the written statement or copy of the written statement.

(b) Subject to Subsection (8)(c), before a hearing in which the written statement described in Subsection (8)(a) is relevant, the board shall allow the offender an adequate opportunity to view and examine the statement in a location determined by the board.

(c) During any review under Subsection (8)(b), the board shall ensure that the offender does not:

(i) reproduce the written statement through any means;

or (ii) retain or take possession of the written statement or a copy of the written statement.

{Section 6.

Section 77-27-9.7 is amended to read:

} 77-27-9.7.

Victim right to notification of release -- Notice by board.

(1) (a) In accordance with Subsection 77-38-104(1)(p), the board shall notify a victim of the victim's right to be informed, upon request, of other releases of the offender under Section 64-13-14.7.

(b) The board may provide the notification to the victim as described in Subsection [77-27-9.5(3) (c)] 77-27-9.5(2)(c).

(2) The board may include the notification under Subsection (1) with the notification sent under Subsection 77-27-9.5(3).

(3) The board shall coordinate with the Department of Corrections to ensure notice under this section is provided to a victim.

77-40a-303.77-40a-303 .

- 25 - HB0110 compared with HB0110S06 (a) the petitioner has paid in full all fines and interest ordered by the court related to the conviction for which expungement is sought;

(ii)- 1017 years- forH.B. the conviction of a felony for operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);

110 Enrolled Copy (ii) 10 years for the conviction of a felony for operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);

- 26 - HB0110 compared with HB0110S06 (d) the petitioner is currently incarcerated, on parole, or on probation, unless the petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory offense;

or (g) the bureau determines that the petitioner's criminal history makes the petitioner ineligible- for18 a- certificateEnrolled ofCopy eligibilityH.B. under Subsection (4) or (5).

(3)110 Subsectionineligible (2)(a) does not apply to a conviction for a qualifyingcertificate sexual offense, as defined in Section 76-3-209, if, at the time of theeligibility offense, a petitioner who committed the offense was at least years old but under 18Subsection years(4) old,or unless(5). the petitioner was convicted by a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Minor Tried as an Adult.

(3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Minor Tried as an Adult.

or - 27 - HB0110 compared with HB0110S06 (b) any combination of five or more convictions for drug possession offenses, each of which is contained in a separate criminal episode.

(6) If the petitioner's criminal history contains convictions for both a drug possession offense and a non-non-drug drug possession offense arising from the same criminal episode, the bureau shall count that criminal episode as a conviction under Subsection (4) if any non-drug possession offense in that episode:

or (b)- has19 the- sameH.B. or a longer waiting period under Subsection (1)(c) than any drug possession offense in that episode.

110 Enrolled Copy (b) has the same or a longer waiting period under Subsection (1)(c) than any drug possession offense in that episode.

This Bill Repeals:

- 28 - HB0110 compared with HB0110S06 Section 77-27-31, Short title.

Effective date.

2-26-26 9:49 AM - 2920 -