Utah 2023 Regular Session

Utah House Bill HB0246 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 246
	1	+	1st Sub. H.B. 246
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Rogers 6
	4	+	6 01-26-23 12:53 PM 6
	5	+	H.B. 246
	6	+	1st Sub. (Buff)
	7	+	Representative Judy Weeks Rohner proposes the following substitute bill:
2	8		1 BOARD OF PARDONS AND PAROLE AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Judy Weeks Rohner
6	12		5 Senate Sponsor: Jacob L. Anderegg
7		-	6Cosponsors:
8		-	7Nelson T. Abbott
9		-	8Cheryl K. Acton
10		-	9Carl R. Albrecht
11		-	10Melissa G. Ballard
12		-	11Walt Brooks
13		-	Kay J. Christofferson
14		-	Tyler Clancy
15		-	Jon Hawkins
16		-	Sandra Hollins
17		-	Dan N. Johnson
18		-	Marsha Judkins
19		-	Michael L. Kohler
20		-	Trevor Lee
21		-	Rosemary T. Lesser
22		-	Karen M. Peterson
23		-	Christine F. Watkins
24		-	12
25		-	13LONG TITLE
26		-	14General Description:
27		-	15 This bill modifies the responsibilities of the Board of Pardons and Parole.
28		-	16Highlighted Provisions:
29		-	17 This bill:
30		-	18 <defines terms;
31		-	19 <requires the Board of Pardons and Parole to prioritize public safety when making a
32		-	20decision about an offender;
33		-	21 <enacts reporting requirements; and
34		-	22 <makes technical changes.
35		-	23Money Appropriated in this Bill:
36		-	24 None
37		-	25Other Special Clauses:
38		-	26 None
39		-	27Utah Code Sections Affected: H.B. 246 Enrolled Copy
	13	+	6
	14	+	7LONG TITLE
	15	+	8General Description:
	16	+	9 This bill modifies the responsibilities of the Board of Pardons and Parole.
	17	+	10Highlighted Provisions:
	18	+	11 This bill:
	19	+	12 <defines terms;
	20	+	13 <requires the Board of Pardons and Parole to prioritize public safety when making a
	21	+	14decision about an offender;
	22	+	15 <enacts reporting requirements; and
	23	+	16 <makes technical changes.
	24	+	17Money Appropriated in this Bill:
	25	+	18 None
	26	+	19Other Special Clauses:
	27	+	20 None
	28	+	21Utah Code Sections Affected:
	29	+	22AMENDS:
	30	+	23 77-27-5, as last amended by Laws of Utah 2021, Chapters 21, 246 and 260 and last
	31	+	24amended by Coordination Clause, Laws of Utah 2021, Chapter 260
	32	+	25ENACTS:
	33	+	HB0246S01 1st Sub. (Buff) H.B. 246 01-26-23 12:53 PM
40	34		- 2 -
41		-	28AMENDS:
42		-	29 77-27-5, as last amended by Laws of Utah 2021, Chapters 21, 246 and 260 and last
43		-	30amended by Coordination Clause, Laws of Utah 2021, Chapter 260
44		-	31ENACTS:
45		-	32 77-27-32, Utah Code Annotated 1953
46		-	33
47		-	34Be it enacted by the Legislature of the state of Utah:
48		-	35 Section 1. Section 77-27-5 is amended to read:
49		-	36 77-27-5. Board of Pardons and Parole authority.
50		-	37 (1) (a) Subject to this chapter and other laws of the state, and except for a conviction
51		-	38for treason or impeachment, the board shall determine by majority decision when and under
52		-	39what conditions an offender's conviction may be pardoned or commuted.
53		-	40 (b) The Board of Pardons and Parole shall determine by majority decision when and
54		-	41under what conditions an offender committed to serve a sentence at a penal or correctional
55		-	42facility, which is under the jurisdiction of the department, may:
56		-	43 (i) be released upon parole;
57		-	44 (ii) have a fine or forfeiture remitted;
58		-	45 (iii) have the offender's criminal accounts receivable remitted in accordance with
59		-	46Section 77-32b-105 or 77-32b-106;
60		-	47 (iv) have the offender's payment schedule modified in accordance with Section
61		-	4877-32b-103; or
62		-	49 (v) have the offender's sentence terminated.
63		-	50 (c) The board shall prioritize public safety when making a determination under
64		-	51Subsection (1)(a) or (1)(b).
65		-	52 [(c)] (d) (i) The board may sit together or in panels to conduct hearings.
66		-	53 (ii) The chair shall appoint members to the panels in any combination and in
67		-	54accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
68		-	55Rulemaking Act, by the board. Enrolled Copy H.B. 246
	35	+	26 77-27-32, Utah Code Annotated 1953
	36	+	27
	37	+	28Be it enacted by the Legislature of the state of Utah:
	38	+	29 Section 1. Section 77-27-5 is amended to read:
	39	+	30 77-27-5. Board of Pardons and Parole authority.
	40	+	31 (1) (a) Subject to this chapter and other laws of the state, and except for a conviction
	41	+	32for treason or impeachment, the board shall determine by majority decision when and under
	42	+	33what conditions an offender's conviction may be pardoned or commuted.
	43	+	34 (b) The Board of Pardons and Parole shall determine by majority decision when and
	44	+	35under what conditions an offender committed to serve a sentence at a penal or correctional
	45	+	36facility, which is under the jurisdiction of the department, may:
	46	+	37 (i) be released upon parole;
	47	+	38 (ii) have a fine or forfeiture remitted;
	48	+	39 (iii) have the offender's criminal accounts receivable remitted in accordance with
	49	+	40Section 77-32b-105 or 77-32b-106;
	50	+	41 (iv) have the offender's payment schedule modified in accordance with Section
	51	+	4277-32b-103; or
	52	+	43 (v) have the offender's sentence terminated.
	53	+	44 (c) The board shall prioritize public safety when making a determination under
	54	+	45Subsection (1)(a) or (1)(b).
	55	+	46 [(c)] (d) (i) The board may sit together or in panels to conduct hearings.
	56	+	47 (ii) The chair shall appoint members to the panels in any combination and in
	57	+	48accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
	58	+	49Rulemaking Act, by the board.
	59	+	50 (iii) The chair may participate on any panel and when doing so is chair of the panel.
	60	+	51 (iv) The chair of the board may designate the chair for any other panel.
	61	+	52 [(d)] (e) (i) Except after a hearing before the board, or the board's appointed examiner,
	62	+	53in an open session, the board may not:
	63	+	54 (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
	64	+	55receivable;
	65	+	56 (B) release the offender on parole; or 01-26-23 12:53 PM 1st Sub. (Buff) H.B. 246
69	66		- 3 -
70		-	56 (iii) The chair may participate on any panel and when doing so is chair of the panel.
71		-	57 (iv) The chair of the board may designate the chair for any other panel.
72		-	58 [(d)] (e) (i) Except after a hearing before the board, or the board's appointed examiner,
73		-	59in an open session, the board may not:
74		-	60 (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
75		-	61receivable;
76		-	62 (B) release the offender on parole; or
77		-	63 (C) commute, pardon, or terminate an offender's sentence.
78		-	64 (ii) An action taken under this Subsection (1) other than by a majority of the board
79		-	65shall be affirmed by a majority of the board.
80		-	66 [(e)] (f) A commutation or pardon may be granted only after a full hearing before the
81		-	67board.
82		-	68 (2) (a) In the case of any hearings, timely prior notice of the time and location of the
83		-	69hearing shall be given to the offender.
84		-	70 (b) The county or district attorney's office responsible for prosecution of the case, the
85		-	71sentencing court, and law enforcement officials responsible for the defendant's arrest and
86		-	72conviction shall be notified of any board hearings through the board's website.
87		-	73 (c) Whenever possible, the victim or the victim's representative, if designated, shall be
88		-	74notified of original hearings and any hearing after that if notification is requested and current
89		-	75contact information has been provided to the board.
90		-	76 (d) (i) Notice to the victim or the victim's representative shall include information
91		-	77provided in Section 77-27-9.5, and any related rules made by the board under that section.
92		-	78 (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
93		-	79reasonable for the lay person to understand.
94		-	80 (3) (a) A decision by the board is final and not subject for judicial review if the
95		-	81decision is regarding:
96		-	82 (i) a pardon, parole, commutation, or termination of an offender's sentence;
97		-	83 (ii) the modification of an offender's payment schedule for restitution; or H.B. 246 Enrolled Copy
	67	+	57 (C) commute, pardon, or terminate an offender's sentence.
	68	+	58 (ii) An action taken under this Subsection (1) other than by a majority of the board
	69	+	59shall be affirmed by a majority of the board.
	70	+	60 [(e)] (f) A commutation or pardon may be granted only after a full hearing before the
	71	+	61board.
	72	+	62 (2) (a) In the case of any hearings, timely prior notice of the time and location of the
	73	+	63hearing shall be given to the offender.
	74	+	64 (b) The county or district attorney's office responsible for prosecution of the case, the
	75	+	65sentencing court, and law enforcement officials responsible for the defendant's arrest and
	76	+	66conviction shall be notified of any board hearings through the board's website.
	77	+	67 (c) Whenever possible, the victim or the victim's representative, if designated, shall be
	78	+	68notified of original hearings and any hearing after that if notification is requested and current
	79	+	69contact information has been provided to the board.
	80	+	70 (d) (i) Notice to the victim or the victim's representative shall include information
	81	+	71provided in Section 77-27-9.5, and any related rules made by the board under that section.
	82	+	72 (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
	83	+	73reasonable for the lay person to understand.
	84	+	74 (3) (a) A decision by the board is final and not subject for judicial review if the
	85	+	75decision is regarding:
	86	+	76 (i) a pardon, parole, commutation, or termination of an offender's sentence;
	87	+	77 (ii) the modification of an offender's payment schedule for restitution; or
	88	+	78 (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
	89	+	79 (b) Deliberative processes are not public and the board is exempt from Title 52,
	90	+	80Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
	91	+	81deliberative process.
	92	+	82 (c) Pursuant to Subsection 63G-2-103(22)(b)(xi), records of the deliberative process
	93	+	83are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
	94	+	84 (d) Unless it will interfere with a constitutional right, deliberative processes are not
	95	+	85subject to disclosure, including discovery.
	96	+	86 (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
	97	+	87 (4) (a) This chapter may not be construed as a denial of or limitation of the governor's 1st Sub. (Buff) H.B. 246 01-26-23 12:53 PM
98	98		- 4 -
99		-	84 (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
100		-	85 (b) Deliberative processes are not public and the board is exempt from Title 52,
101		-	86Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
102		-	87deliberative process.
103		-	88 (c) Pursuant to Subsection 63G-2-103(22)(b)(xi), records of the deliberative process
104		-	89are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
105		-	90 (d) Unless it will interfere with a constitutional right, deliberative processes are not
106		-	91subject to disclosure, including discovery.
107		-	92 (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
108		-	93 (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
109		-	94power to grant respite or reprieves in all cases of convictions for offenses against the state,
110		-	95except treason or conviction on impeachment.
111		-	96 (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
112		-	97next session of the Board of Pardons and Parole.
113		-	98 (c) At the next session of the board, the board:
114		-	99 (i) shall continue or terminate the respite or reprieve; or
115		-	100 (ii) may commute the punishment or pardon the offense as provided.
116		-	101 (d) In the case of conviction for treason, the governor may suspend execution of the
117		-	102sentence until the case is reported to the Legislature at the Legislature's next session.
118		-	103 (e) The Legislature shall pardon or commute the sentence or direct the sentence's
119		-	104execution.
120		-	105 (5) (a) In determining when, where, and under what conditions an offender serving a
121		-	106sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
122		-	107criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
123		-	108the board shall:
124		-	109 (i) consider whether the offender has made restitution ordered by the court under
125		-	110Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
126		-	111remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or Enrolled Copy H.B. 246
	99	+	88power to grant respite or reprieves in all cases of convictions for offenses against the state,
	100	+	89except treason or conviction on impeachment.
	101	+	90 (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
	102	+	91next session of the Board of Pardons and Parole.
	103	+	92 (c) At the next session of the board, the board:
	104	+	93 (i) shall continue or terminate the respite or reprieve; or
	105	+	94 (ii) may commute the punishment or pardon the offense as provided.
	106	+	95 (d) In the case of conviction for treason, the governor may suspend execution of the
	107	+	96sentence until the case is reported to the Legislature at the Legislature's next session.
	108	+	97 (e) The Legislature shall pardon or commute the sentence or direct the sentence's
	109	+	98execution.
	110	+	99 (5) (a) In determining when, where, and under what conditions an offender serving a
	111	+	100sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
	112	+	101criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
	113	+	102the board shall:
	114	+	103 (i) consider whether the offender has made restitution ordered by the court under
	115	+	104Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
	116	+	105remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
	117	+	106termination of the offender's sentence;
	118	+	107 (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
	119	+	108making determinations under this Subsection (5);
	120	+	109 (iii) consider information provided by the Department of Corrections regarding an
	121	+	110offender's individual case action plan; and
	122	+	111 (iv) review an offender's status within 60 days after the day on which the board
	123	+	112receives notice from the Department of Corrections that the offender has completed all of the
	124	+	113offender's case action plan components that relate to activities that can be accomplished while
	125	+	114the offender is imprisoned.
	126	+	115 (b) The board shall determine whether to remit an offender's criminal accounts
	127	+	116receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
	128	+	117 (6) In determining whether parole may be terminated, the board shall consider:
	129	+	118 (a) the offense committed by the parolee; and 01-26-23 12:53 PM 1st Sub. (Buff) H.B. 246
127	130		- 5 -
128		-	112termination of the offender's sentence;
129		-	113 (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
130		-	114making determinations under this Subsection (5);
131		-	115 (iii) consider information provided by the Department of Corrections regarding an
132		-	116offender's individual case action plan; and
133		-	117 (iv) review an offender's status within 60 days after the day on which the board
134		-	118receives notice from the Department of Corrections that the offender has completed all of the
135		-	119offender's case action plan components that relate to activities that can be accomplished while
136		-	120the offender is imprisoned.
137		-	121 (b) The board shall determine whether to remit an offender's criminal accounts
138		-	122receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
139		-	123 (6) In determining whether parole may be terminated, the board shall consider:
140		-	124 (a) the offense committed by the parolee; and
141		-	125 (b) the parole period under Section 76-3-202, and in accordance with Section
142		-	12677-27-13.
143		-	127 (7) For an offender placed on parole after December 31, 2018, the board shall
144		-	128terminate parole in accordance with the supervision length guidelines established by the Utah
145		-	129Sentencing Commission under Section 63M-7-404, to the extent the guidelines are consistent
146		-	130with the requirements of the law.
147		-	131 Section 2. Section 77-27-32 is enacted to read:
148		-	132 77-27-32. Reporting requirements.
149		-	133 (1) The board shall publicly display metrics on the board's website, including:
150		-	134 (a) a measure of recidivism;
151		-	135 (b) a measure of time under board jurisdiction;
152		-	136 (c) a measure of prison releases by category;
153		-	137 (d) a measure of parole revocations;
154		-	138 (e) a measure of alignment of board decisions with the guidelines established by the
155		-	139Sentencing Commission under Section 63M-7-404; and H.B. 246 Enrolled Copy
156		-	- 6 -
157		-	140 (f) a measure of the aggregate reasons for departing from the guidelines described in
158		-	141Subsection (1)(e).
159		-	142 (2) On or before September 30 of each year, the board shall submit to the commission
160		-	143and the Law Enforcement and Criminal Justice Interim Committee a report for the previous
161		-	144fiscal year that summarizes the metrics in Subsection (1).
	131	+	119 (b) the parole period under Section 76-3-202, and in accordance with Section
	132	+	12077-27-13.
	133	+	121 (7) For an offender placed on parole after December 31, 2018, the board shall
	134	+	122terminate parole in accordance with the supervision length guidelines established by the Utah
	135	+	123Sentencing Commission under Section 63M-7-404, to the extent the guidelines are consistent
	136	+	124with the requirements of the law.
	137	+	125 Section 2. Section 77-27-32 is enacted to read:
	138	+	126 77-27-32. Reporting requirements.
	139	+	127 (1) The board shall publicly display metrics on the board's website, including:
	140	+	128 (a) a measure of recidivism;
	141	+	129 (b) a measure of time under board jurisdiction;
	142	+	130 (c) a measure of prison releases by category;
	143	+	131 (d) a measure of parole revocations;
	144	+	132 (e) a measure of alignment of board decisions with the guidelines established by the
	145	+	133Sentencing Commission under Section 63M-7-404; and
	146	+	134 (f) a measure of the aggregate reasons for departing from the guidelines described in
	147	+	135Subsection (1)(e).
	148	+	136 (2) On or before September 30 of each year, the board shall submit to the commission
	149	+	137and the Law Enforcement and Criminal Justice Interim Committee a report for the previous
	150	+	138fiscal year that summarizes the metrics in Subsection (1).