77-27-10.5 - Special condition of parole -- Penalty.
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 thedefendant on parole and as a condition of parole, the board may order the defendant to beprohibited from directly or indirectly engaging in any profit or benefit generating activity relatingto the publication of facts or circumstances pertaining to the defendant's involvement in thecriminal 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 andreenactment of the defendant's criminal conduct, by way of a movie, book, magazine article, taperecording, phonograph record, radio, or television presentations, live entertainment of any kind, orfrom the expression of the defendant's thoughts, feelings, opinions, or emotions regarding thecriminal conduct.
(3) The board may order that the prohibition includes any event undertaken andexperienced by the defendant while avoiding apprehension from the authorities or while facingcriminal charges.
(4) The board may order that any action taken by the defendant by way of execution ofpower of attorney, creation of corporate entities, or other action to avoid compliance with theboard'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 theboard'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, guiltyand mentally ill, no contest, and conviction of any crime or offense; and
(b) "defendant" means the convicted defendant, the defendant's assignees, andrepresentatives acting on the defendant's authority.
Amended by Chapter 10, 1997 General Session