Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 89 (2018GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 2/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• clarifies that the Board of Pardons and Parole has the authority to pardon any conviction except for treason or impeachment.

Every vote on this bill

Bill text

BOARD OF PARDONS AUTHORITY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Craig Hall
LONG TITLE
General Description:
This bill provides that the Board of Pardons and Parole has the authority to pardon all
convictions except those for treason or impeachment.
Highlighted Provisions:
This bill:
▸ clarifies that the Board of Pardons and Parole has the authority to pardon any
conviction except for treason or impeachment.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
77-27-5
, as last amended by Laws of Utah 2017, Chapter 475
77-27-9
, as last amended by Laws of Utah 2010, Chapter 110
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-27-5
 is amended to read:
77-27-5.
Board of Pardons and Parole authority.
(1) (a) The Board of Pardons and Parole shall determine by majority decision when and
under what conditions any convictions, except for treason or impeachment, may be pardoned or
commuted, subject to this chapter and other laws of the state.
[
(1) (a)
] 
(b)
 The Board of Pardons and Parole shall determine by majority decision
when and under what conditions, subject to this chapter and other laws of the state, persons
committed to serve sentences [
in class A misdemeanor cases
] at penal or correctional facilities
[
which
] 
that
 are under the jurisdiction of the Department of Corrections, [
and all felony cases
]
except treason or impeachment 
convictions
 or as otherwise limited by law, may be released
upon parole, [
pardoned,
] ordered to pay restitution, or have their fines, forfeitures, or restitution
remitted, or their sentences [
commuted or
] terminated.
[
(b)
] 
(c)
 The board may sit together or in panels to conduct hearings. The chair shall
appoint members to the panels in any combination and in accordance with rules promulgated
by the board[
, except in hearings involving commutation and pardons
]. The chair may
participate on any panel and when doing so is chair of the panel. The chair of the board may
designate the chair for any other panel.
[
(c)
] 
(d)
 No restitution may be ordered, no fine, forfeiture, or restitution remitted, no
parole, pardon, or commutation granted or sentence terminated, except after a full hearing
before the board or the board's appointed examiner in open session. Any action taken under this
subsection other than by a majority of the board shall be affirmed by a majority of the board.
[
(d)
] 
(e)
 A commutation or pardon may be granted only after a full hearing before the
board.
[
(e)
] 
(f)
 The board may determine restitution as provided in Section 
77-27-6
 and
Subsection 
77-38a-302
(5)(d)(iii)(A).
(2) (a) In the case of original parole grant hearings, rehearings, and parole revocation
hearings, timely prior notice of the time and location of the hearing shall be given to the
defendant, the county or district attorney's office responsible for prosecution of the case, the
sentencing court, law enforcement officials responsible for the defendant's arrest and
conviction, and whenever possible, the victim or the victim's family.
(b) Notice to the victim, the victim's representative, or the victim's family shall include
information provided in Section 
77-27-9.5
, and any related rules made by the board under that
section. This information shall be provided in terms that are reasonable for the lay person to
understand.
(3) Decisions of the board in cases involving paroles, pardons, commutations or
terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
subject to judicial review. Nothing in this section prevents the obtaining or enforcement of a
civil judgment, including restitution as provided in Section 
77-27-6
.
(4) This chapter may not be construed as a denial of or limitation of the governor's
power to grant respite or reprieves in all cases of convictions for offenses against the state,
except treason or conviction on impeachment. However, respites or reprieves may not extend
beyond the next session of the Board of Pardons and Parole and the board, at that session, shall
continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the
offense as provided. In the case of conviction for treason, the governor may suspend execution
of the sentence until the case is reported to the Legislature at its next session. The Legislature
shall then either pardon or commute the sentence, or direct its execution.
(5) In determining when, where, and under what conditions offenders serving sentences
may be paroled, pardoned, have restitution ordered, or have their fines or forfeitures remitted,
or their sentences commuted or terminated, the board shall:
(a) consider whether the persons have made or are prepared to make restitution as
ascertained in accordance with the standards and procedures of Section 
77-38a-302
, as a
condition of any parole, pardon, remission of fines or forfeitures, or commutation or
termination of sentence; and
(b) develop and use a list of criteria for making determinations under this Subsection
(5).
(6) In determining whether parole may be terminated, the board shall consider the
offense committed by the parolee, the parole period as provided in Section 
76-3-202
, and in
accordance with Section 
77-27-13
.
Section 2. Section 
77-27-9
 is amended to read:
77-27-9.
Parole proceedings.
(1) (a) The Board of Pardons and Parole may [
pardon or
] parole any offender or
[
commute or
] terminate the sentence of any offender committed to a penal or correctional
facility under the jurisdiction of the Department of Corrections [
for a felony or class A
misdemeanor
] except as provided in Subsection (2).
(b) The board may not release any offender before the minimum term has been served
unless the board finds mitigating circumstances which justify the release and unless the board
has granted a full hearing, in open session, after previous notice of the time and location of the
hearing, and recorded the proceedings and decisions of the board.
(c) The board may not [
pardon or
] parole any offender [
or commute
] or terminate the
sentence of any offender unless the board has granted a full hearing, in open session, after
previous notice of the time and location of the hearing, and recorded the proceedings and
decisions of the board.
(d) The release of an offender shall be at the initiative of the board, which shall
consider each case as the offender becomes eligible. However, a prisoner may submit the
prisoner's own application, subject to the rules of the board promulgated in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) A person sentenced to prison prior to April 29, 1996, for a first degree felony
involving child kidnapping, a violation of Section 
76-5-301.1
; aggravated kidnapping, a
violation of Section 
76-5-302
; rape of a child, a violation of Section 
76-5-402.1
; object rape of
a child, a violation of Section 
76-5-402.3
; sodomy upon a child, a violation of Section
76-5-403.1
; aggravated sexual abuse of a child, a violation of Subsection 
76-5-404.1
(4);
aggravated sexual assault, a violation of Section 
76-5-405
; or a prior offense as described in
Section 
76-3-407
, may not be eligible for release on parole by the Board of Pardons and Parole
until the offender has fully completed serving the minimum mandatory sentence imposed by
the court. This Subsection (2)(a) supersedes any other provision of law.
(b) The board may not parole any offender or commute or terminate the sentence of
any offender before the offender has served the minimum term for the offense, if the offender
was sentenced prior to April 29, 1996, and if:
(i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape,
aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined
in Title 76, Chapter 5, Offenses Against the Person; and
(ii) the victim of the offense was under 18 years of age at the time the offense was
committed.
(c) For a crime committed on or after April 29, 1996, the board may parole any
offender under Subsections (2)(b)(i) and (ii) for lifetime parole as provided in this section.
(d) The board may not pardon or parole any offender or commute or terminate the
sentence of any offender who is sentenced to life in prison without parole except as provided in
Subsection (6).
(e) On or after April 27, 1992, the board may commute a sentence of death only to a
sentence of life in prison without parole.
(f) The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come
before the Board of Pardons and Parole on or after April 27, 1992.
(3) (a) The board may issue subpoenas to compel the attendance of witnesses and the
production of evidence, to administer oaths, and to take testimony for the purpose of any
investigation by the board or any of its members or by a designated hearing examiner in the
performance of its duties.
(b) A person who willfully disobeys a properly served subpoena issued by the board is
guilty of a class B misdemeanor.
(4) (a) The board may adopt rules consistent with law for its government, meetings and
hearings, the conduct of proceedings before it, the parole and pardon of offenders, the
commutation and termination of sentences, and the general conditions under which parole may
be granted and revoked.
(b) The rules shall ensure an adequate opportunity for victims to participate at hearings
held under this chapter, as provided in Section 
77-27-9.5
.
(c) The rules may allow the board to establish reasonable and equitable time limits on
the presentations by all participants in hearings held under this chapter.
(5) The board does not provide counseling or therapy for victims as a part of their
participation in any hearing under this chapter.
(6) The board may parole a person sentenced to life in prison without parole if the
board finds by clear and convincing evidence that the person is permanently incapable of being
a threat to the safety of society.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.