Utah Code 77-16a-205. Parole
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(1) When an offender with a mental condition who has been committed to the department becomes eligible to be considered for parole, the board shall request a recommendation from the executive director and from UDC before placing the offender on parole.
Terms Used In Utah Code 77-16a-205
- Board: means the Board of Pardons and Parole established under Section
77-27-2 . See Utah Code 77-16a-101 - Department: means the Department of Health and Human Services. See Utah Code 77-16a-101
- Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
- Mental condition: means the same as that term is defined in Section
76-2-305 . See Utah Code 77-16a-101 - Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, or organization that contracts with a local mental health authority. See Utah Code 77-16a-101
- Offender with a mental condition: means an individual who has been adjudicated guilty with a mental condition. See Utah Code 77-16a-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- UDC: means the Department of Corrections. See Utah Code 77-16a-101
(2) Before setting a parole date, the board shall request that its mental health adviser prepare a report regarding the offender with a mental condition, including:
(2)(a) all available clinical facts;
(2)(b) the diagnosis;
(2)(c) the course of treatment received at the mental health facility;
(2)(d) the prognosis for remission of symptoms;
(2)(e) potential for recidivism;
(2)(f) an estimation of the dangerousness of the offender with a mental condition either to self or others; and
(2)(g) recommendations for future treatment.
(3) Based on the report described in Subsection (2), the board may place the offender with a mental condition on parole. The board may require mental health treatment as a condition of parole. If 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.
(4) UDC, through Adult Probation and Parole, shall monitor the status of an offender with a mental condition who has been placed on parole. UDC may provide treatment by contracting with the department, a local mental health authority, any other public or private provider, or in-house staff.
(5) The board may not subsequently reduce the period of parole without considering an updated report on the offender’s current mental condition.