2006 Utah Code - 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 -- Time served on parole -- Discretion of Board of Pardons and Parole.
     (1) Except as otherwise provided in this section, every person committed to the state prison to serve an indeterminate term and later released on parole shall, upon completion of three years on parole outside of confinement and without violation, be terminated from his sentence unless the person is earlier terminated by the Board of Pardons and Parole. Any person who violates the terms of his parole, while serving parole, shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of his term as determined by the Board of Pardons and Parole, but not to exceed the maximum term.
     (2) Every person convicted of a second degree felony for violating Section 76-5-404 or 76-5-404.1, or attempting to violate any of those sections, upon completion of ten years parole outside of confinement and without violation, shall be terminated from his sentence unless the person is earlier terminated by the Board of Pardons and Parole. Any person who violates the terms of his parole, while serving parole, shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of his term as determined by the Board of Pardons and Parole, but not to exceed the maximum term.
     (3) Every person convicted of a first degree felony for violating Section 76-5-301.1, Subsection 76-5-302(1)(b)(vi), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate any of those sections, shall complete a term of lifetime parole outside of confinement and without violation unless the person is earlier terminated by the Board of Pardons and Parole. Any person who violates the terms of his parole, while serving parole, shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of his term as determined by the Board of Pardons and Parole, but not to exceed the maximum term.
     (4) In order for a parolee convicted on or after May 5, 1997, to be eligible for early termination from parole, the parolee must provide:
     (a) evidence to the Board of Pardons and Parole that the parolee has completed high school classwork and has obtained a high 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 (4)(a) because of:
     (i) a diagnosed learning disability; or
     (ii) other justified cause.
     (5) Any person paroled following a former parole revocation may not be discharged from his sentence until either:
     (a) he has served three years or ten years as provided in Subsection (2) on parole outside of confinement and without violation, or in the case of a person convicted of a first degree felony violation of Section 76-5-301.1, Subsection 76-5-302(1)(b)(vi), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate any of those sections, lifetime parole outside of confinement and without violation;
     (b) his maximum sentence has expired; or
     (c) the Board of Pardons and Parole so orders.
     (6) (a) All time served on parole, outside of confinement and without violation constitutes service of the total sentence but does not preclude the requirement of serving a three-year, ten-year, or lifetime parole term, as the case may be, outside of confinement and without

violation.
     (b) Any time a person spends outside of confinement after commission of a parole violation does not constitute service of the total sentence unless the person is exonerated at a hearing to revoke the parole.
     (c) Any time spent in confinement awaiting a hearing before the Board of Pardons and Parole or a decision by the board concerning revocation of parole constitutes service of the sentence. In the case of exoneration by the board, the time spent shall be included in computing the total parole term.
     (7) When any parolee without authority from the Board of Pardons and Parole absents himself from the state or avoids or evades parole supervision, the period of absence, avoidance, or evasion tolls the parole period.
     (8) While on parole, time spent in confinement outside the state may not be credited toward the service of any Utah sentence. Time in confinement outside the state for a conviction obtained in another jurisdiction shall toll the expiration of the Utah sentence.
     (9) This section does not preclude the Board of Pardons and Parole from paroling or discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless otherwise specifically provided by law.
     (10) The parolee may petition the Board of Pardons and Parole for termination of lifetime parole as provided by this section in the case of a person convicted of a first degree felony violation Section 76-5-301.1, Subsection 76-5-302(1)(b)(vi), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1, 76-5-404.1, or 76-5-405, or attempting to violate any of those sections.

Amended by Chapter 301, 2001 General Session