76-3-202 - Paroled persons -- Termination or discharge from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole.
76-3-202. Paroled persons -- Termination or discharge from sentence -- Timeserved on parole -- Discretion of Board of Pardons and Parole.
(1) (a) Except as provided in Subsection (1)(b), every person committed to the stateprison to serve an indeterminate term and later released on parole shall, upon completion of threeyears on parole outside of confinement and without violation, be terminated from the person'ssentence unless the parole is earlier terminated by the Board of Pardons and Parole.
(b) Every person committed to the state prison to serve an indeterminate term and laterreleased on parole on or after July 1, 2008, and who was convicted of any felony offense underTitle 76, Chapter 5, Offenses Against the Person, or any attempt, conspiracy, or solicitation tocommit any of these felony offenses, shall complete a term of parole that extends through theexpiration of the person's maximum sentence, unless the parole is earlier terminated by the Boardof Pardons and Parole.
(2) Every person convicted of a second degree felony for violating Section 76-5-404,forcible sexual abuse, or 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of achild, or attempting, conspiring, or soliciting the commission of a violation of any of thosesections, and who is paroled before July 1, 2008, shall, upon completion of 10 years paroleoutside of confinement and without violation, shall be terminated from the sentence unless theperson is earlier terminated by the Board of Pardons and Parole.
(3) (a) Every person convicted of a first degree felony for committing any offense listedin Subsection (3)(b), or attempting, conspiring, or soliciting the commission of a violation of anyof those sections, shall complete a term of lifetime parole outside of confinement and withoutviolation unless the person is earlier terminated by the Board of Pardons and Parole.
(b) The offenses referred to in Subsection (3)(a) are:
(i) Section 76-5-301.1, child kidnapping;
(ii) Subsection 76-5-302(1)(b)(vi), aggravated kidnapping involving a sexual offense;
(iii) Section 76-5-402, rape;
(iv) Section 76-5-402.1, rape of a child;
(v) Section 76-5-402.2, object rape;
(vi) Section 76-5-402.3, object rape of a child;
(vii) Subsection 76-5-403(2), forcible sodomy;
(viii) Section 76-5-403.1, sodomy on a child;
(ix) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;or
(x) Section 76-5-405, aggravated sexual assault.
(4) Any person who violates the terms of parole, while serving parole, for any offenseunder Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole berecommitted to prison to serve the portion of the balance of the term as determined by the Boardof Pardons and Parole, but not to exceed the maximum term.
(5) In order for a parolee convicted on or after May 5, 1997, to be eligible for earlytermination from parole, the parolee must provide to the Board of Pardons and Parole:
(a) evidence that the parolee has completed high school classwork and has obtained ahigh school graduation diploma, a GED certificate, or a vocational certificate; or
(b) documentation of the inability to obtain one of the items listed in Subsection (5)(a)because of:
(i) a diagnosed learning disability; or
(ii) other justified cause.
(6) Any person paroled following a former parole revocation may not be discharged fromthe person's sentence until:
(a) the person has served the applicable period of parole under this section outside ofconfinement and without violation;
(b) the person's maximum sentence has expired; or
(c) the Board of Pardons and Parole orders the person to be discharged from thesentence.
(7) (a) All time served on parole, outside of confinement and without violationconstitutes service of the total sentence but does not preclude the requirement of serving theapplicable period of parole under this section, outside of confinement and without violation.
(b) Any time a person spends outside of confinement after commission of a paroleviolation does not constitute service of the total sentence unless the person is exonerated at aparole revocation hearing.
(c) (i) Any time a person spends in confinement awaiting a hearing before the Board ofPardons and Parole or a decision by the board concerning revocation of parole constitutes serviceof the sentence.
(ii) In the case of exoneration by the board, the time spent is included in computing thetotal parole term.
(8) When any parolee without authority from the Board of Pardons and Parole absentshimself from the state or avoids or evades parole supervision, the period of absence, avoidance,or evasion tolls the parole period.
(9) (a) While on parole, time spent in confinement outside the state may not be creditedtoward the service of any Utah sentence.
(b) Time in confinement outside the state or in the custody of any tribal authority or theUnited States government for a conviction obtained in another jurisdiction tolls the expiration ofthe Utah sentence.
(10) This section does not preclude the Board of Pardons and Parole from paroling ordischarging an inmate at any time within the discretion of the Board of Pardons and Parole unlessotherwise specifically provided by law.
(11) A parolee sentenced to lifetime parole may petition the Board of Pardons and Parolefor termination of lifetime parole.
Amended by Chapter 355, 2008 General Session