reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 104 - Obtaining additional reverse-location information -- Warrant required for disclosure -- Procedure.

Effective 5/3/2023
77-23f-104.
Obtaining additional reverse-location information -- Warrant required for disclosure -- Procedure.
(1) If, after executing a warrant described in Section 77-23f-102 or 77-23f-103, a law enforcement agency seeks to obtain reverse-location information beyond the parameters of the warrant obtained under Section 77-23f-102 or 77-23f-103, the law enforcement agency shall:
(a) include in the sworn warrant application the specific electronic devices identified in the anonymized data for which the law enforcement agency seeks additional reverse-location information;
(b) establish probable cause to believe that evidence of a crime will be found within a specified period of time; and
(c) affirm that the crime described in Subsection (1)(b) is:
(i) the same crime or directly related to the crime that was the subject of the warrant obtained under Section 77-23f-102 or 77-23f-103; or
(ii) a crime subject to the judicially recognized plain view exception to the warrant requirement.
(2) If a court grants a warrant under Subsection (1), the court shall require that all electronic device data provided pursuant to the warrant be anonymized before the reverse-location information is released to the law enforcement agency.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 105 - Obtaining identifying information connected to reverse-location information -- Warrant required for disclosure -- Procedure.

Effective 5/3/2023
77-23f-105.
Obtaining identifying information connected to reverse-location information -- Warrant required for disclosure -- Procedure.
To obtain identifying information for an electronic device identified pursuant to a warrant obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104, a law enforcement agency shall establish in the sworn warrant application probable cause to believe that the electronic device was used or otherwise implicated in a crime.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 106 - Exceptions to reverse-location warrant requirements.

Effective 5/3/2023
77-23f-106.
Exceptions to reverse-location warrant requirements.
(1) Notwithstanding any other provision in this chapter, a law enforcement agency may obtain reverse-location information without a warrant:
(a) in accordance with Section 53-10-104.5; or
(b) in accordance with a judicially recognized exception to warrant requirements.
(2) Nothing in this chapter:
(a) limits or affects the disclosure of public records under Title 63G, Chapter 2, Government Records Access and Management Act;
(b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an administrative rule adopted under Section 63A-16-205; or
(c) limits the ability of a law enforcement agency to receive or use information, without a warrant or subpoena, from the National Center for Missing and Exploited Children under 18 U.S.C. Sec. 2258A.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 107 - Use, disclosure, and destruction of reverse-location information -- Anonymization.

Effective 5/3/2023
77-23f-107.
Use, disclosure, and destruction of reverse-location information -- Anonymization.
(1)
(a) A law enforcement agency may not use, copy, or disclose, for any purpose, reverse-location information obtained under a warrant under Section 77-23f-102, 77-23f-103, or 77-23f-104 that:
(i) is not related to the crime that is the subject of the warrant; and
(ii) is collected as part of an effort to obtain the reverse-location information of an electronic device that is related to the crime that is the subject of the warrant obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104.
(b) The law enforcement agency shall destroy in an unrecoverable manner the reverse-location information described in Subsection (1)(a) as soon as reasonably possible after the criminal case is declined for prosecution or, if criminal charges are filed, the final disposition of the criminal case.
(2)
(a) Reverse-location information obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104 may not be:
(i) compared with, merged with, linked to, or in any way electronically or otherwise connected to a source of electronic data, including a database or file, containing one or more points of data that includes the location information provided by an electronic device; or
(ii) used in any other criminal investigation or prosecution.
(b) Subsection (2)(a)(i) does not apply if all the electronic data, including the reverse-location information, is obtained for the purpose of investigating the same criminal incident.
(3) A person or entity that provides reverse-location information under this chapter shall ensure that the reverse-location information is anonymized before the reverse-location information is provided to a law enforcement agency.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 23f - Access to Reverse-Location Information › Section 109 - Exclusion of records.

Effective 5/3/2023
77-23f-109.
Exclusion of records.
Reverse-location information or identifying information obtained in violation of the provisions of this chapter shall be subject to the rules governing exclusion as if the records were obtained in violation of the Fourth Amendment to the United States Constitution and Utah Constitution, Article I, Section 14.
Enacted by Chapter 382, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 25 - Justice Courts › Section 2 - Venue of prosecution by information.

77-25-2.
Venue of prosecution by information.
Any prosecution by information, except in the case of a felony or class A misdemeanor, shall be commenced before a magistrate in the precinct of the county or municipality where the offense was alleged to have been committed, except as otherwise provided by law.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 1.5 - Appearance by inmate, offender, or witness.

77-27-1.5.
Appearance by inmate, offender, or witness.
(1) An appearance by an inmate, offender, or witness before the board, a panel, board member, or hearing officer may be in person, through videoconferencing or other electronic means. Any appearance by videoconference or other electronic means shall be recorded as provided in Section 77-27-8.
(2) An inmate's or offender's electronic appearance by telephone is permissible with the consent of the inmate or offender, when the inmate or offender is incarcerated in a facility outside of this state.
Enacted by Chapter 110, 2010 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 4 - Chairperson and vice chairperson.

77-27-4.
Chairperson and vice chairperson.
(1) The governor shall select one of the members of the board to serve as chairperson and board administrator at the governor's pleasure. The chairperson may exercise the duties and powers, in addition to those established by this chapter, necessary for the administration of daily operations of the board, including personnel, budgetary matters, panel appointments, and scheduling of hearings.
(2) The chairperson shall appoint a vice chairperson to act in the absence of the chairperson.
Amended by Chapter 195, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 5.1 - Board authority to order expungement.

Effective 5/9/2017
77-27-5.1.
Board authority to order expungement.
(1) Upon granting a pardon, the board shall issue an expungement order, directing any criminal justice agency to remove the recipient's identifying information relating to the expunged convictions from its records.
(a) When a pardon has been granted, employees of the Board of Pardons and Parole may not divulge any identifying information regarding the pardoned person to any person or agency, except for the pardoned person.
(b) The Bureau of Criminal Identification may not count pardoned convictions against any future expungement eligibility.
(2) An expungement order, issued by the board, has at least the same legal effect and authority as an order of expungement issued by a court, pursuant to Title 77, Chapter 40a, Expungement.
(3) The board shall provide clear written directions to the recipient along with a list of agencies known to be affected by the expungement order.
Amended by Chapter 356, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 5.2 - Board authority to order removal from Sex and Kidnap Offender Registry.

Effective 5/5/2021
77-27-5.2.
Board authority to order removal from Sex and Kidnap Offender Registry.
(1) If the board grants a pardon for a conviction that is the basis for an individual's registration on the Sex and Kidnap Offender Registry, the board shall issue an order directing the Department of Corrections to remove the individual's name and personal information relating to the pardoned conviction from the Sex and Kidnap Offender Registry.
(2) An order described in Subsection (1), issued by the board, satisfies the notification requirement described in Subsection 77-41-113(1)(b).
Enacted by Chapter 410, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 5.3 - Meritless and bad faith litigation.

Effective 5/3/2023
77-27-5.3.
Meritless and bad faith litigation.
(1) For purposes of this section:
(a) "Convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental condition, no contest, and conviction of any crime or offense.
(b) "Prisoner" means a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.
(2) In any case filed in state or federal court in which a prisoner submits a claim that the court finds to be without merit and brought or asserted in bad faith, the Board of Pardons and Parole and any county jail administrator may consider that finding in any early release decisions concerning the prisoner.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 5.4 - Earned time program.

Effective 7/17/2016
77-27-5.4.
Earned time program.
(1) The board shall establish an earned time program that reduces the period of incarceration for offenders who successfully complete specified programs, the purpose of which is to reduce the risk of recidivism.
(2) The earned time program shall:
(a) provide not less than four months of earned time credit each for the completion of up to two programs that:
(i) are approved by the board in collaboration with the Department of Corrections; and
(ii) are recommended programs that are part of the offender's case action plan; and
(b) allow the board to grant in its discretion earned time credit in addition to the earned time credit provided under Subsection (2)(a).
(3) The earned time program may not provide earned time credit for offenders:
(a) whose previously ordered release date does not provide enough time, including time for transition services, for the Board of Pardons and Parole to grant the earned time credit;
(b) who have been sentenced by the court to a term of life without the possibility of parole;
(c) who have been ordered by the Board of Pardons and Parole to serve a life sentence;
(d) who do not have a current release date; or
(e) who have not met a contingency requirement for release that has been ordered by the board.
(4) The board may order the forfeiture of earned time credits under this section if it determines a rescission hearing is necessary.
(5) The department shall notify the board not more than 30 days after an offender completes a program as defined in Subsection 77-27-5.4(2)(a).
(6) The board shall collect data for the fiscal year regarding the operation of the earned time credit program, including:
(a) the number of offenders who have earned time credit under this section in the prior year;
(b) the amount of time credit earned in the prior year;
(c) the number of offenders who forfeited earned time credit; and
(d) additional related information as requested by the Commission on Criminal and Juvenile Justice.
(7) The board shall collaborate with the Department of Corrections in the establishment of the earned time credit program.
(8) To the extent possible, programming and hearings shall be provided early enough in an offender's incarceration to allow the offender to earn time credit.
Amended by Chapter 4, 2016 Special Session 3
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 5.5 - Review procedure -- Commutation.

77-27-5.5.
Review procedure -- Commutation.
(1) The Board of Pardons and Parole may consider the commutation of a death sentence only to life without parole.
(2) Only the person who has been sentenced to death or his counsel may petition the Board of Pardons and Parole for commutation.
(3) The petition shall be in writing, signed personally by the person sentenced to death, and shall include a statement of the grounds upon which the petitioner seeks review.
(4) The state shall be permitted to respond in writing to the petition as may be established by board rules.
(5) The board shall review the petition and determine whether the petition presents a substantial issue which has not been reviewed in the judicial process.
(6) The board shall not consider legal issues, including constitutional issues, which:
(a) have been reviewed previously by the courts;
(b) should have been raised during the judicial process; or
(c) if based on new information, are subject to judicial review.
(7)
(a) If the board does not find a substantial issue, the board shall deny the hearing to the petitioner.
(b) If the board finds a substantial issue, the board shall conduct a hearing in which the petitioner and the state may present evidence and argument as may be provided by board rules.
Amended by Chapter 13, 1994 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 6.1 - Payment of a criminal accounts receivable -- Failure to enter an order for restitution or create a criminal accounts receivable -- Modification of a criminal accounts receivable -- Order for recovery of costs or pecuniary damages.

Effective 7/1/2021
77-27-6.1.
Payment of a criminal accounts receivable -- Failure to enter an order for restitution or create a criminal accounts receivable -- Modification of a criminal accounts receivable -- Order for recovery of costs or pecuniary damages.
(1) When an offender is committed to prison, the board may require the offender to pay the offender's criminal accounts receivable ordered by the court during the period of incarceration or parole supervision.
(2) If the board orders the release of an offender on parole and there is an unpaid balance on the offender's criminal accounts receivable, the board may modify the payment schedule entered by the court for the offender's criminal accounts receivable in accordance with Section 77-32b-105.
(3)
(a) If the sentencing court has not entered an order of restitution for an offender who is under the jurisdiction of the board, the board shall refer the offender's case to the sentencing court, within the time periods described in Subsection 77-38b-205(5), to enter an order for restitution for the offender in accordance with Section 77-38b-205.
(b) If the sentencing court has not entered an order to establish a criminal accounts receivable for an offender who is under the jurisdiction of the board, the board shall refer the offender's case to the sentencing court, within the time periods described in Subsection 77-38b-205(5), to enter an order to establish a criminal accounts receivable for the offender in accordance with Section 77-32b-103.
(4)
(a) If there is a challenge to an offender's criminal accounts receivable, the board shall refer the offender's case to the sentencing court, within the time periods described in Subsection 77-38b-205(5), to resolve the challenge to the criminal accounts receivable.
(b) If a sentencing court modifies a criminal accounts receivable after the offender is committed to prison, the sentencing court shall provide notice to the board of the modification.
(5) The board may enter an order to recover any cost incurred by the department, or the state or any other agency, arising out of the offender's needs or conduct.
Enacted by Chapter 260, 2021 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 8 - Record of hearing.

77-27-8.
Record of hearing.
(1) A verbatim record of proceedings before the Board of Pardons and Parole shall be maintained by a suitable electronic recording device, except when the board dispenses with a record in a particular hearing or a portion of the proceedings.
(2) When the hearing involves the commutation of a death sentence, a certified shorthand reporter, in addition to electronic means, shall record all proceedings except when the board dispenses with a record for the purpose of deliberations in executive session. The compensation of the reporter shall be determined by the board. The reporter shall immediately file with the board the original record and when requested shall with reasonable diligence furnish a transcription or copy of the record upon payment of reasonable fees as determined by the board.
(3) When an inmate or offender affirms by affidavit that he is unable to pay for a copy of the record, the board may furnish a copy of the record, at the expense of the state, to the inmate or offender.
Amended by Chapter 110, 2010 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 9.5 - Victim may attend hearings.

77-27-9.5.
Victim may attend hearings.
(1) As used in this section, "hearing" means a hearing for a parole grant or revocation, or a rehearing of either of these if the offender is present.
(2)
(a) Except as provided in Subsection (2)(b), when a hearing is held regarding any offense committed by the defendant that involved the victim, the victim may attend the hearing to present his views concerning the decisions to be made regarding the defendant.
(b)
(i) The victim may not attend a redetermination or special attention hearing, if the offender is not present.
(ii) At that redetermination or special attention hearing, the board shall give consideration to any presentation previously given by the victim regarding that offender.
(3)
(a) The notice of the hearing shall be timely sent to the victim at his most recent address of record with the board.
(b) The notice shall include:
(i) the date, time, and location of the hearing;
(ii) a clear statement of the reason for the hearing, including all offenses involved;
(iii) the statutes and rules applicable to the victim's participation in the hearing;
(iv) the address and telephone number of an office or person the victim may contact for further explanation of the procedure regarding victim participation in the hearing; and
(v) specific information about how, when, and where the victim may obtain the results of the hearing.
(c) If the victim is dead, or the board is otherwise unable to contact the victim, the board shall make reasonable efforts to notify the victim's immediate family of the hearing.
(d) The victim may communicate with the board for consideration of continuance of the hearing if travel or other significant conflict prohibits their attendance at the hearing.
(4) The victim, or family members if the victim is deceased or unable to attend due to physical incapacity, may:
(a) attend the hearing to observe;
(b) make a statement to the board or its appointed examiner either in person or through a representative appointed by the victim or his family; and
(c) remain present for the hearing if he appoints another to make a statement on his behalf.
(5) The statement may be presented:
(a) as a written statement, which may also be read aloud, if the presenter desires; or
(b) as an oral statement presented by the person selected under Subsection (4).
(6) The victim may be accompanied by a member of his family or another individual, present to provide emotional support to the victim.
(7) The victim may, upon request, testify outside the presence of the defendant but a separate hearing may not be held for this purpose.
Amended by Chapter 355, 1998 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 9.7 - Victim right to notification of release -- Notice by board.

77-27-9.7.
Victim right to notification of release -- Notice by board.
A victim entitled to notice of the hearings regarding parole under Section 77-27-9.5 shall also be notified by the Board of Pardons and Parole of the right of victims to be advised upon request of other releases of the defendant under Section 64-13-14.7. The board may include this notification in the same notice sent under Section 77-27-9.5. The board shall coordinate with the Department of Corrections to ensure notice under this section is provided to victims.
Amended by Chapter 13, 1994 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 10.5 - Special condition of parole -- Penalty.

Effective 5/3/2023
77-27-10.5.
Special condition of parole -- Penalty.
(1) In accordance with Section 77-27-5, the Board of Pardons and Parole may release the defendant on parole and as a condition of parole, the board may order the defendant to be prohibited from directly or indirectly engaging in any profit or benefit generating activity relating to the publication of facts or circumstances pertaining to the defendant's involvement in the criminal act for which the defendant is convicted.
(2) The order may prohibit the defendant from contracting with any person, firm, corporation, partnership, association, or other legal entity with respect to the commission and reenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, tape recording, phonograph record, radio, or television presentations, live entertainment of any kind, or from the expression of the defendant's thoughts, feelings, opinions, or emotions regarding the criminal conduct.
(3) The board may order that the prohibition includes any event undertaken and experienced by the defendant while avoiding apprehension from the authorities or while facing criminal charges.
(4) The board may order that any action taken by the defendant by way of execution of power of attorney, creation of corporate entities, or other action to avoid compliance with the board's order shall be grounds for revocation of parole as provided in Section 77-27-11.
(5) Adult Probation and Parole shall notify the board of any alleged violation of the board's order under this section.
(6) The violation of the board's order shall be considered a violation of parole.
(7) For purposes of this section:
(a) "convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental condition, no contest, and conviction of any crime or offense; and
(b) "defendant" means the convicted defendant, the defendant's assignees, and representatives acting on the defendant's authority.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 12 - Parole discharge, sentence termination.

77-27-12.
Parole discharge, sentence termination.
Any person released on parole shall be discharged from parole or have his sentence terminated subject to the conditions and limitations contained in Section 76-3-202.
Enacted by Chapter 213, 1985 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 13 - Board of Pardons and Parole -- Duties of the judiciary, the Department of Corrections, and law enforcement -- Removal of material from files.

77-27-13.
Board of Pardons and Parole -- Duties of the judiciary, the Department of Corrections, and law enforcement -- Removal of material from files.
(1) The chief executive officer and employees of each penal or correctional institution shall cooperate fully with the board, permit board members free access to offenders, and furnish the board with pertinent information regarding an offender's physical, mental, and social history and his institutional record of behavior, discipline, work, efforts of self-improvement, and attitude toward society.
(2) The Department of Corrections shall furnish pertinent information it has and shall provide a copy of the pre-sentence report and any other investigative reports to the board. In all cases where a pre-sentence report has not been completed, the department shall make a post-sentence report and shall provide a copy of it to the board as soon as possible. The department shall provide the board, upon request, any additional investigations or information needed by the board to reach a decision or conduct a hearing.
(3) The department shall make its facilities available to the board to carry out its functions.
(4) Law enforcement officials responsible for the offender's arrest, conviction, and sentence shall furnish all pertinent data requested by the board.
(5)
(a) In all cases where an indeterminate sentence is imposed, the judge imposing the sentence may within 30 days from the date of the sentence, mail to the chief executive of the board a statement in writing setting out the term for which, in his opinion, the offender sentenced should be imprisoned, and any information he may have regarding the character of the offender or any mitigating or aggravating circumstances connected with the offense for which the offender has been convicted. In addition, the prosecutor shall in all cases, within 30 days from the date of sentence, forward in writing to the chief executive of the board a full and complete description of the crime, a written record of any plea bargain entered into, a statement of the mitigating or aggravating circumstances or both, all investigative reports, a victim impact statement referring to physical, mental, or economic loss suffered, and any other information the prosecutor believes will be relevant to the board. These statements shall be preserved in the files of the board.
(b) Notwithstanding Subsection (5)(a), the board may remove from its files any:
(i) statement that it is not going to rely on in its decisionmaking process;
(ii) information found to be incorrect by a court, the Board of Pardons and Parole, or administrative agency; or
(iii) duplicative materials.
(6) The chief executive officer of any penal or correctional institution shall permit offenders to send mail to the board without censorship.
Amended by Chapter 171, 1998 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 21.8 - Sex offender in presence of a child -- Definitions -- Penalties.

Effective 5/12/2015
77-27-21.8.
Sex offender in presence of a child -- Definitions -- Penalties.
(1) As used in this section:
(a) "Accompany" means:
(i) to be in the presence of an individual; and
(ii) to move or travel with that individual from one location to another, whether outdoors, indoors, or in or on any type of vehicle.
(b) "Child" means an individual younger than 14 years of age.
(2) A sex offender subject to registration in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, for an offense committed or attempted to be committed against a child younger than 14 years of age is guilty of a class A misdemeanor if the sex offender requests, invites, or solicits a child to accompany the sex offender, under circumstances that do not constitute an attempt to violate Section 76-5-301.1, child kidnapping, unless:
(a)
(i) the sex offender, prior to accompanying the child:
(A) verbally advises the child's parent or legal guardian that the sex offender is on the state sex offender registry and is required by state law to obtain written permission in order for the sex offender to accompany the child; and
(B) requests that the child's parent or legal guardian provide written authorization for the sex offender to accompany the child, including the specific dates and locations;
(ii) the child's parent or legal guardian has provided to the sex offender written authorization, including the specific dates and locations, for the sex offender to accompany the child; and
(iii) the sex offender has possession of the written authorization and is accompanying the child only at the dates and locations specified in the authorization;
(b) the child's parent or guardian has verbally authorized the sex offender to accompany the child either in the child's residence or on property appurtenant to the child's residence, but in no other locations; or
(c) the child is the natural child of the sex offender, and the offender is not prohibited by any court order, or probation or parole provision, from contact with the child.
(3)
(a) A sex offender convicted of a violation of Subsection (2) is subject to registration in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, for an additional five years subsequent to the required registration under Section 77-41-105.
(b) The period of additional registration imposed under Subsection (3)(a) is also in addition to any period of registration imposed under Subsection 77-41-107(3) for failure to comply with registration requirements.
(4) It is not a defense to a prosecution under this section that the defendant mistakenly believed the individual to be 14 years of age or older at the time of the offense or was unaware of the individual's true age.
(5) This section does not apply if a sex offender is acting to rescue a child who is in an emergency and life-threatening situation.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 21.9 - Sex offender assessment.

77-27-21.9.
Sex offender assessment.
(1) As used in this section:
(a) "Dynamic factors" means a person's individual characteristics, issues, resources, or circumstances that:
(i) can change or be influenced; and
(ii) affect the risk of recidivism or the risk of violating conditions of probation or parole.
(b) "Multi-domain assessment" means an evaluation process or tool which reports in quantitative and qualitative terms an offender's condition, stability, needs, resources, and dynamic factors affecting the offender's transition into the community and compliance with conditions of probation or parole, such as the following:
(i) alcohol and other drug use;
(ii) mental health status;
(iii) physical health;
(iv) criminal behavior;
(v) education;
(vi) emotional health and barriers;
(vii) employment;
(viii) family dynamics;
(ix) housing;
(x) physical health and nutrition;
(xi) spirituality;
(xii) social support systems;
(xiii) special population needs, including:
(A) co-existing disorders;
(B) domestic violence;
(C) drug of choice;
(D) gender, ethnic, and cultural considerations;
(E) other health issues;
(F) sexual abuse; and
(G) sexual orientation;
(xiv) transportation; and
(xv) treatment involvement.
(c) "Qualitative terms" means written summaries used to describe meaning, enrich, or explain significant quantitative indicators or benchmarks within the areas defined in Subsection (1)(b).
(d) "Quantitative terms" means numerical distinctions or benchmarks used to describe conditions within the areas defined in Subsection (1)(b).
(2) The department shall issue a request for proposals to provide a periodic multi-domain assessment tool, as defined in Subsection (1)(b) and implement the tool for a three-year trial period in the management of sex offenders being supervised in the community in the department's Region 3.
(3) The request for proposals shall include a requirement that the multi-domain assessment tool be designed to be administered:
(a) every 16 weeks during the first year a sex offender is supervised in the community; and
(b) every 12 to 26 weeks during the second and subsequent years a sex offender is supervised in the community, as determined appropriate by the department's supervisory personnel and the sex offender's treatment team.
(4) The department shall promptly make results of the multi-domain assessment available to:
(a) the sex offender's treatment team; and
(b) the corrections personnel responsible for supervising the offender.
(5) The department shall provide to the legislative Law Enforcement and Criminal Justice Interim Committee at the conclusion of the trial period a written report of the results of the use of the multi-domain assessments, including:
(a) the impact on recidivism;
(b) other indicators of the effect of the use of the assessments;
(c) the number of assessments administered annually;
(d) the number of individuals who were assessed during the year; and
(e) any recommended legislative or policy changes.
Enacted by Chapter 309, 2008 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 26 - Deputization of agents to effect return of parole and probation violators.

77-27-26.
Deputization of agents to effect return of parole and probation violators.
(1)
(a) The official administrator of the interstate compact for the supervision of parolees and probationers is authorized and empowered to deputize any person to act as an officer and agent of this state in carrying out the return of any person who has violated the terms and conditions of parole or probation as granted by this state.
(b) In any matter relating to the return of a violator described in Subsection (1)(a), any deputized agent shall have all the powers of a peace officer of this state.
(2) Any deputization of any person pursuant to this section shall be in writing and the deputized agent shall:
(a) carry formal evidence of his deputization; and
(b) produce the evidence of deputization upon demand.
(3) The official administrator of the interstate compact is authorized, subject to the approval of the governor, to enter into contracts with similar officials of any other state or states for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole or probation as granted by this state.
Amended by Chapter 282, 1998 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 27 - Retaking or reincarceration for parole or probation violations -- Hearing and notice to sending state -- Detention of parolee or probationer.

77-27-27.
Retaking or reincarceration for parole or probation violations -- Hearing and notice to sending state -- Detention of parolee or probationer.
Where supervision of a parolee or probationer is being administered pursuant to the interstate compact for the supervision of parolees and probationers, the appropriate judicial or administrative authorities in this state shall notify the compact administrator of the sending state whenever, in their view, consideration should be given to retaking or reincarceration for a parole or probation violation. Prior to the giving of any such notification, a hearing shall be held in accordance with this act within a reasonable time, unless such hearing is waived by the parolee or probationer. The appropriate officer or officers of this state shall as soon as practicable, following termination of any hearing, report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state. Pending any proceeding pursuant to this section, the appropriate officers of this state may take custody of and detain the parolee or probationer involved for a period not to exceed 15 days prior to the hearing and, if it appears to the hearing officer or officers that retaking or reincarceration is likely to follow, for such reasonable period after the hearing or waiver as may be necessary to arrange for the retaking or reincarceration.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 28 - Hearing officer.

77-27-28.
Hearing officer.
Any hearing pursuant to this act shall be heard by the administrator of the interstate compact for the supervision of parolees and probationers, a deputy of the administrator, or any other person authorized pursuant to the laws of this state to hear cases of alleged parole or probation violation, except that no hearing officer shall be the person making the allegation of violation.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 29 - Rights of parolee or probationer -- Record of proceedings.

77-27-29.
Rights of parolee or probationer -- Record of proceedings.
(1) With respect to any hearing pursuant to the Uniform Act for Out-of-State Supervision, the parolee or probationer shall have the following rights:
(a) reasonable notice in writing of the nature and content of the allegations to be made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation that may lead to a revocation of parole or probation;
(b) be permitted to advise with any persons whose assistance he reasonably desires, prior to the hearing;
(c) to confront and examine any persons who have made allegations against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person or persons; and
(d) may admit, deny, or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.
(2) A record of the proceedings shall be made and preserved.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 30 - Violation by parolee or probationer supervised in another state -- Hearing in other state -- Procedure upon receipt of record from other state.

77-27-30.
Violation by parolee or probationer supervised in another state -- Hearing in other state -- Procedure upon receipt of record from other state.
In any case of alleged parole or probation violation by a person being supervised in another state pursuant to the interstate compact for the supervision of parolees and probationers, any appropriate judicial or administrative officer or agency in another state is authorized to hold a hearing on the alleged violation. Upon receipt of the record of a parole or probation violation hearing held in another state pursuant to a statute substantially similar to this act, the record shall have the same standing and effect as though the proceeding of which it is a record was had before the appropriate officer or officers in this state, and any recommendations contained in or accompanying the record shall be fully considered by the appropriate officer or officers of this state in making disposition of the matter.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 31 - Short title.

77-27-31.
Short title.
Sections 77-27-24 through 77-27-30 of this chapter may be cited as the "Uniform Act for Out-of-State Supervision."
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 32 - Reporting requirements.

Effective 5/3/2023
77-27-32.
Reporting requirements.
(1) The board shall publicly display metrics on the board's website, including:
(a) a measure of recidivism;
(b) a measure of time under board jurisdiction;
(c) a measure of prison releases by category;
(d) a measure of parole revocations;
(e) a measure of alignment of board decisions with the guidelines established by the Sentencing Commission under Section 63M-7-404; and
(f) a measure of the aggregate reasons for departing from the guidelines described in Subsection (1)(e).
(2) On or before September 30 of each year, the board shall submit to the commission and the Law Enforcement and Criminal Justice Interim Committee a report for the previous fiscal year that summarizes the metrics in Subsection (1).
Enacted by Chapter 151, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28 - Western Interstate Corrections Compact › Section 2 - Department of Corrections -- Authority to transfer inmates.

77-28-2.
Department of Corrections -- Authority to transfer inmates.
The Department of Corrections may transfer an inmate (as defined in Article II (d) of the Western Interstate Corrections Compact) to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in said institutions pursuant to Article III of the Western Interstate Corrections Compact.
Amended by Chapter 212, 1985 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28 - Western Interstate Corrections Compact › Section 3 - Duties and powers of courts, departments, agencies and officers in enforcing and effecting compact.

77-28-3.
Duties and powers of courts, departments, agencies and officers in enforcing and effecting compact.
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28 - Western Interstate Corrections Compact › Section 4 - Board of Pardons and Parole -- Authority to hold hearings.

77-28-4.
Board of Pardons and Parole -- Authority to hold hearings.
The Board of Pardons and Parole is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to Article IV (f) of the Western Interstate Corrections Compact. The board is further authorized to travel to any state who is a party to the compact to which an inmate is sent for confinement, for the purpose of holding any hearing to which an inmate is entitled by the laws of Utah.
Amended by Chapter 13, 1994 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28 - Western Interstate Corrections Compact › Section 5 - Governor -- Power to enter into contracts.

77-28-5.
Governor -- Power to enter into contracts.
The governor is empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to Article III thereof.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28a - Interstate Corrections Compact › Section 2 - Department of Corrections -- Authority to transfer inmates.

77-28a-2.
Department of Corrections -- Authority to transfer inmates.
The Department of Corrections may transfer an inmate, as defined in Subparagraph (d) of Article II of the Interstate Corrections Compact, to any institution within or without this state if this state has entered into any contracts for the confinement of inmates in said institutions pursuant to Article III of that Compact.
Amended by Chapter 212, 1985 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28a - Interstate Corrections Compact › Section 3 - Duties and powers of courts, departments, agencies and officers in enforcing and effecting compact.

77-28a-3.
Duties and powers of courts, departments, agencies and officers in enforcing and effecting compact.
The courts, departments, agencies and officers of this state and its political subdivisions shall enforce this Compact and shall do all things necessary and appropriate to the effectuation of the purposes and intent of this Compact which may be within their respective jurisdictions including, but not limited to, the making and submission of any reports required by that Compact.
Enacted by Chapter 38, 1982 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28a - Interstate Corrections Compact › Section 4 - Board of Pardons and Parole -- Authority to hold hearings.

77-28a-4.
Board of Pardons and Parole -- Authority to hold hearings.
The Board of Pardons and Parole is hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to Article IV (a) of the Interstate Corrections Compact. The board is further authorized to travel to any state which is a party to that Compact and to which an inmate is sent for confinement, for the purpose of holding any hearing to which that inmate is entitled by the laws of Utah.
Amended by Chapter 13, 1994 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28a - Interstate Corrections Compact › Section 5 - Governor -- Power to enter into contracts.

77-28a-5.
Governor -- Power to enter into contracts.
The governor is empowered to enter into such contracts on behalf of this state as may be appropriate to implement its participation in the Interstate Corrections Compact pursuant to Article III thereof.
Amended by Chapter 320, 1983 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 1 - Definitions.

77-28b-1.
Definitions.
(1) "Assurance" means a special condition concerning the confinement or release of an offender which must be met prior to the release of the offender.
(2) "Offender" means a juvenile certified to be tried as an adult or an adult convicted of any criminal offense under Utah law.
(3) "Receiving country" means the jurisdiction to which the offender is to be transferred.
(4) "Sending state" means the jurisdiction from which the offender is to be transferred.
Enacted by Chapter 324, 1990 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 28b - Interjurisdictional Transfer of Prisoners › Section 2 - Director's authority.

77-28b-2.
Director's authority.
The director of the Department of Corrections may transfer offenders having foreign citizenship status to countries of citizenship under this chapter if a treaty exists between the United States and the foreign country.
Enacted by Chapter 324, 1990 General Session