The Board of Pardons and Parole is created by the Utah Constitution and laws enacted by the Legislature. The purpose of the Board is to determine when and under what conditions persons convicted and serving prison sentences should be released. The Board may also pardon, terminate, or commute offender sentences. The Board has statutory authority to impose restitution or modify or forgive court-ordered restitution, fines, or forfeitures.

The mission of the Board is to render just decisions regarding parole and supervision of offenders. Decisions must be consistent with federal and state constitutions and state statutes. The primary objective of the Board is protection of the public. The Board also has the duty to safeguard the rights of victims and offenders.

The Board has five full-time and five Pro Tempore members appointed by the Governor with the advice and consent of the Senate. One full-time member acts as the chair. The Pro Tempore members sit at hearings when the full-time members or hearing officers are not available.

The Victim Coordinator is the contact person between victims and Board Members. The Coordinator can help victims in preparing letters or statements for the Board. Personal interviews, to discuss specific victim concerns, can be scheduled with the Victim Coordinator upon request. Upon request and availability, the Victim Coordinator may attend the hearing with the victim to give support.

Eligibility for an original parole grant hearing is determined by the sentence given by the court (Utah Administrative Rule R671-201).

Death Cases: When an offender comes to prison for a crime that involves a death (for example, murder, manslaughter, automobile homicide, child abuse homicide, etc.), the Board will, by majority vote, determine a month and year for the original hearing. As part of this process, the Board will consider the facts of the crime, the sentence(s) stated by the court, and any aggravating (bad) or mitigating (good) facts available to the court at sentencing.

Age of Offender:
If the offender was less than 18 years of age at the time the crime involving death was committed and the crime is eligible for parole (not a death sentence or life without the possibility of parole), the original hearing shall be held no later than 15 years after the date of sentencing.

If the offender is less than 18 years old when entering prison for a crime that may be considered for parole (not a sentence of death or life without the possibility of parole), the Board will determine, by majority vote, the date for the original hearing.

An offender who has more than one offense will be scheduled according to the most severe offense. Even though an offender has a parole grant hearing scheduled, it does not guarantee that a parole date will be given. If the date of the original hearing was not determined by administrative review the hearing will be scheduled according to the crime of conviction after the periods of incarceration listed below:

(a) after the service of 12 years if the most severe sentence imposed is for a first degree felony with a minimum sentence of 15 years to life   

(b) after the service of 7 years if the most severe sentence imposed is for a first degree felony with a minimum sentence of 10 years to life;

(c) after the service of 3 years for any first degree felony if the most severe sentence imposed is greater than 3 years to life but less than 10 years to life;

(d) after the service of 1 year if the most severe sentence imposed is for:

     (i) a first degree felony and the sentence is for 3 years to life; or

     (ii) a second degree felony sexual offense commitment;

(e) after the service of 6 months if the most severe sentence imposed is for:

     (i) all other second degree felony commitments; or

     (ii) a third degree felony sexual offense commitment;

(f) after the service of 3 months if the most severe sentence imposed is for any other third degree felony or class A misdemeanor commitments.

The Board will send notice of the tentative hearing date to the victim and offender.  The notice will generally be sent within the first three months of incarceration and will give the tentative year and month of the original hearing.  Approximately two months before the tentative hearing date, the Board will send notice with the exact day, time and location of the hearing.  Dates are set this way because in many cases the hearing date is some time in future and the Board does not know where the inmate will be housed when the date for the hearing arrives and other factors may affect the final timing of the hearing.

The Utah Sentencing Guidelines specify the amount of time that is recommended for an offender to spend in prison. These guidelines were developed by the Utah Commission on Criminal and Juvenile Justice. They are reviewed at the time of sentencing by judges and calculated and reviewed by the Board in preparation for a parole hearing. Guidelines are based on the type of offense and offender’s criminal history and are advisory only, not statutorily mandated. Sentence and release guidelines are used by the Board to help make more consistent and uniform decisions. The Board has the discretion to deviate from the guidelines, and will do so based on aggravating or mitigating circumstances. The Board makes its decisions on the individual merits of each case.

Utah laws require that victims be notified of original parole grant hearings and rehearings (Utah Code 77-27-5(2)(a) and 77-27-9.5). Prior to April 29, 1996, a victim was defined as an individual against whom the offender committed a felony or class A misdemeanor offense for which the hearing is being held, or a victim of record. After April 29, 1996, for the purpose of the right to be present and heard at a public hearing as provided by Utah Code Annotated 77-38, a victim of crime also includes any victim originally named in the allegation of criminal conduct who is not a victim of the offense to which the offender entered a negotiated plea of guilty. A business may qualify as a victim for purposes of testifying.

Approximately three to four weeks before a hearing, the Victim Coordinator will notify the victims, in writing, of the scheduled hearing date. Often the only available information about the victim was obtained at the time of the crime or at the sentencing date. If victims have a change of address or phone number they are requested to inform the Board. The new address or telephone number will be kept on file so that the victim can be assured of timely notification. This information is not released to the offender.

Victims are not required to attend parole hearings.  Victims may attend and chose to testify or submit written comments.  

A victim attending a hearing will not be photographed without the consent of the victim and the approval of the hearing official.    

In cases where restitution is owing and the amount of restitution is unclear, victims may be notified and asked to testify at a restitution hearing.

Victims have the right to be contacted regarding release dates. In order to receive notification, a victim must, in writing, request notification (UCA 64-13-14.7) from the Department of Corrections.

Utah Supreme Court decisions require the Board to provide the offender with copies of all documents reviewed by the Board when considering a parole. The Board will provide copies to the offender approximately 7-10 days before the hearing.  The disclosure of information is often referred to as the ‘blue packet’.  The Board encourages the offender to review the documents carefully and to submit any responses, corrections or questions to the hearing officer conducting the parole hearing.

The Supreme Court decision allows a narrow exception to the disclosure ruling for safety. If confidentiality is absolutely required to protect the safety of an individual, the Board may summarize the document and provide only the summary to the offender. When information is summarized the identity of the author will remain confidential.

Board of Pardon and Parole hearings are open the the public.  Victims, friends, family, interested parties and the media may attend however only victims and the offender may testify at the parole hearing.  Hearings are conducted in the prison and attendees must comply with the Department of Corrections Security Rules including being screened for weapons and presenting photo ID.  

Because Board hearings often involve talking about violent or disturbing criminal conduct, they are not a good place for children.  However, child victims or their family members have a legal right to speak during Board hearings.  The Board highly suggests that children, who do not have the right to speak, stay in school, at home, or in another safe place, rather than attend Board hearings.  

Typically a hearing is conducted by one Board Member or a hearing officer. The person conducting the hearing will state the nature of the hearing and review the conviction and sentence. Other topics discussed may include behavior since being committed to prison, progress in programs and treatment, mental health, the case action plan, restitution, related charges, violations, the offender’s plans if granted parole and questions from the offender.  A testifying victim may request that the offender be removed from the room during the victim’s testimony.  If the offender is asked to leave the hearing room while the victim is giving testimony, the offender will be able to listen to the victim’s testimony.  The offender will be returned to the hearing room and allowed to respond the the victim’s testimony.