2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 27 - Pardons and Parole › Section 1 - Definitions.

Effective 7/1/2021
77-27-1.
Definitions.
As used in this chapter:
(1) "Appearance" means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview.
(2) "Board" means the Board of Pardons and Parole.
(3)
(a) "Case action plan" means a document developed by the Department of Corrections that identifies the program priorities for the treatment of the offender.
(b) "Case action plan" includes the criminal risk factors as determined by a risk and needs assessment conducted by the department.
(4) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(5) "Commutation" is the change from a greater to a lesser punishment after conviction.
(6) "Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102.
(7) "Criminal risk factors" means a person's characteristics and behaviors that:
(a) affect that person's risk of engaging in criminal behavior; and
(b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior.
(8)
(a) "Deliberative process" means the board or any number of the board's individual members together engaging in discussions, whether written or verbal, regarding a parole, a pardon, a commutation, termination of sentence, or fines, fees, or restitution in an individual case.
(b) "Deliberative process" includes the votes, mental processes, written notes, and recommendations of individual board members and staff.
(c) "Deliberative process" does not include:
(i) a hearing where the offender is present;
(ii) any factual record the board is considering, including records of the offender's criminal convictions, records regarding the offender's current or previous incarceration and supervision, and records regarding the offender's physical or mental health;
(iii) recommendations regarding the offender's incarceration or supervision from any other individual, governmental entity, or agency;
(iv) testimony received by the board regarding the offender, whether written or verbal; or
(v) the board's decision or rationale for the decision.
(9) "Department" means the Department of Corrections.
(10) "Expiration" means when the maximum sentence has run.
(11) "Family" means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian.
(12) "Hearing" or "full hearing" means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board.
(13) "Location," in reference to a hearing, means the physical location at which the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless of the location of any person participating by electronic means.
(14) "Open session" means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means.
(15) "Panel" means members of the board assigned by the chairperson to a particular case.
(16) "Pardon" means:
(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;
(b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and
(c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense.
(17) "Parole" means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence.
(18) "Payment schedule" means the same as that term is defined in Section 77-32b-102.
(19) "Pecuniary damages" means the same as that term is defined in Section 77-38b-102.
(20) "Probation" means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions.
(21) "Remit" or "remission" means the same as that term is defined in Section 77-32b-102.
(22) "Reprieve" or "respite" means the temporary suspension of the execution of the sentence.
(23) "Restitution" means the same as that term is defined in Section 77-38b-102.
(24) "Termination" means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence.
(25) "Victim" means:
(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter.
Amended by Chapter 21, 2021 General Session
Amended by Chapter 260, 2021 General Session