Utah law lets courts order state supervision for some class B misdemeanor cases and sets waiting periods and limits for pardons and expungement involving registry offenses.
Courts may order state supervision for some people convicted of class B misdemeanors, but only if they have at least five such convictions, are homeless, and the division agrees.
People required to register for a sex, kidnapping, or child abuse offense may have to wait 10 or 20 years before the parole board can consider a pardon.
People whose conviction requires registry enrollment at sentencing or when they apply cannot get an eligibility certificate to expunge that conviction.
The parole board can release someone before the minimum prison term only after finding a strong reason and deciding the person no longer threatens public safety.
A court may order the Division of Adult Probation and Parole to supervise some people convicted of class B misdemeanors. This applies to people convicted of a class B misdemeanor who are placed on probation. The person must have at least five prior class B misdemeanor convictions and be currently homeless. The division must agree to supervise the person.
The Board of Pardons and Parole may consider a pardon for a covered registry offense only after a waiting period. This applies to people whose offense requires registration on Utah's Sex, Kidnap, and Child Abuse Offender Registry. The wait is 10 years for people required to register for 10 years and 20 years for people required to register for life. The wait does not apply if a court vacated, reversed, or set aside the conviction, or found the person factually innocent. The wait starts from the latest applicable event, such as placement on probation, release to parole, or entry into a community-based residential program.
The Bureau of Criminal Identification may not issue an eligibility certificate to expunge a covered registry offense. This applies to people seeking to expunge a conviction that requires sex, kidnapping, or child abuse offender registration. The bar applies if the offense required registration at sentencing or when the person applies for the certificate.
Before releasing someone before the minimum prison term, the board must make specified findings and hold a public hearing. This applies to people committed to a state prison and considered for release before serving the minimum term. The board must find mitigating circumstances and, by clear and convincing evidence, that the person is no longer a threat to public safety. The board must hold a noticed, open hearing and record its proceedings and decisions.
No hearings or votes scheduled.