Utah Code 76-3-202. Paroled individuals — Termination or discharge from sentence — Time served on parole — Discretion of Board of Pardons and Parole
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(1) As described in Subsection 77-27-5 (7), every individual committed to the state prison to serve an indeterminate term and, after December 31, 2018, released on parole shall complete a term of parole that extends through the expiration of the individual’s maximum sentence unless the parole is earlier terminated by the Board of Pardons and 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.
Terms Used In Utah Code 76-3-202
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)
(2)(a) Except as provided in Subsection (2)(b), an individual committed to the state prison to serve an indeterminate term and released on parole on or after October 1, 2015, but before January 1, 2019, shall, upon completion of three years on parole outside of confinement and without violation, be terminated from the individual’s sentence unless the parole is earlier terminated by the Board of Pardons and Parole or is terminated pursuant to Section 64-13-21 .
(2)(b) An individual committed to the state prison to serve an indeterminate term and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was convicted of a felony offense under Chapter 5, Offenses Against the Individual, or an attempt, conspiracy, or solicitation to commit the offense, shall complete a term of parole that extends through the expiration of the individual’s maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
(3) An individual convicted of a second degree felony for violating Section 76-5-404 , forcible sexual abuse; Section 76-5-404.1 , sexual abuse of a child; or Section 76-5-404.3 , aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the commission of a violation of any of those sections, and who is paroled before July 1, 2008, shall, upon completion of 10 years parole outside of confinement and without violation, be terminated from the sentence unless the individual is earlier terminated by the Board of Pardons and Parole.
(4) An individual who violates the terms of parole, while serving parole, for any offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of the term as determined by the Board of Pardons and Parole, but not to exceed the maximum term.
(5) An individual paroled following a former parole revocation may not be discharged from the individual’s sentence until:
(5)(a) the individual has served the applicable period of parole under this section outside of confinement;
(5)(b) the individual’s maximum sentence has expired; or
(5)(c) the Board of Pardons and Parole orders the individual to be discharged from the sentence.
(6)
(6)(a) All time served on parole, outside of confinement and without violation, constitutes service toward the total sentence.
(6)(b) Any time an individual spends outside of confinement after commission of a parole violation does not constitute service toward the total sentence unless the individual is exonerated at a parole revocation hearing.
(6)(c)
(6)(c)(i) Any time an individual spends in confinement awaiting a hearing before the Board of Pardons and Parole or a decision by the board concerning revocation of parole constitutes service toward the total sentence.
(6)(c)(ii) In the case of exoneration by the board, the time spent is included in computing the total parole term.
(7) When a parolee causes the parolee’s absence from the state without authority from the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence, avoidance, or evasion tolls the parole period.
(8)
(8)(a) While on parole, time spent in confinement outside the state may not be credited toward the service of any Utah sentence.
(8)(b) Time in confinement outside the state or in the custody of any tribal authority or the United States government for a conviction obtained in another jurisdiction tolls the expiration of the Utah sentence.
(9) This section does not preclude the Board of Pardons and Parole from paroling or discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless otherwise specifically provided by law.
(10) A parolee sentenced to lifetime parole may petition the Board of Pardons and Parole for termination of lifetime parole.