77-27-2 - Board of Pardons and Parole -- Creation -- Compensation -- Functions.
77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions.
(1) There is created the Board of Pardons and Parole. The board shall consist of fivefull-time members and not more than five pro tempore members to be appointed by the governorwith the consent of the Senate as provided in this section. The members of the board shall beresident citizens of the state. The governor shall establish salaries for the members of the boardwithin the salary range fixed by the Legislature in Title 67, Chapter 22, State OfficerCompensation.
(2) (a) (i) The full-time board members shall serve terms of five years. The terms of thefull-time members shall be staggered so one board member is appointed for a term of five yearson March 1 of each year.
(ii) The pro tempore members shall serve terms of five years, beginning on March 1 ofthe year of appointment, with no more than one pro tempore member term beginning or expiringin the same calendar year. If a pro tempore member vacancy occurs, the board may submit thenames of not fewer than three or more than five persons to the governor for appointment to fillthe vacancy.
(b) All vacancies occurring on the board for any cause shall be filled by the governorwith the consent of the Senate pursuant to this section for the unexpired term of the vacatingmember.
(c) The governor may at any time remove any member of the board for inefficiency,neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
(d) A member of the board may not hold any other office in the government of theUnited States, this state or any other state, or of any county government or municipal corporationwithin a state. A member may not engage in any occupation or business inconsistent with themember's duties.
(e) A majority of the board constitutes a quorum for the transaction of business,including the holding of hearings at any time or any location within or without the state, or forthe purpose of exercising any duty or authority of the board. Action taken by a majority of theboard regarding whether parole, pardon, commutation, termination of sentence, or remission offines or forfeitures may be granted or restitution ordered in individual cases is deemed the actionof the board. A majority vote of the five full-time members of the board is required for adoptionof rules or policies of general applicability as provided by statute. However, a vacancy on theboard does not impair the right of the remaining board members to exercise any duty or authorityof the board as long as a majority of the board remains.
(f) Any investigation, inquiry, or hearing that the board has authority to undertake or holdmay be conducted by any board member or an examiner appointed by the board. When any ofthese actions are approved and confirmed by the board and filed in its office, they are consideredto be the action of the board and have the same effect as if originally made by the board.
(g) When a full-time board member is absent or in other extraordinary circumstances thechair may, as dictated by public interest and efficient administration of the board, assign a protempore member to act in the place of a full-time member. Pro tempore members shall receive aper diem rate of compensation as established by the Division of Finance and all actual andnecessary expenses incurred in attending to official business.
(h) The chair may request staff and administrative support as necessary from theDepartment of Corrections.
(3) (a) Except as provided in Subsection (3)(b), the Commission on Criminal and
Juvenile Justice shall:
(i) recommend five applicants to the governor for a full-time member appointment to theBoard of Pardons and Parole; and
(ii) consider applicants' knowledge of the criminal justice system, state and federalcriminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
(b) The procedures and requirements of Subsection (3)(a) do not apply if the governorappoints a sitting board member to a new term of office.
(4) (a) The board shall appoint an individual to serve as its mental health adviser andmay appoint other staff necessary to aid it in fulfilling its responsibilities under Title 77, Chapter16a, Commitment and Treatment of Mentally Ill Persons. The adviser shall prepare reports andrecommendations to the board on all persons adjudicated as guilty and mentally ill, in accordancewith Title 77, Chapter 16a.
(b) The mental health adviser shall possess the qualifications necessary to carry out theduties imposed by the board and may not be employed by the Department of Corrections or theUtah State Hospital.
(i) The Board of Pardons and Parole may review outside employment by the mentalhealth advisor.
(ii) The Board of Pardons and Parole shall develop rules governing employment withentities other than the board by the mental health advisor for the purpose of prohibiting a conflictof interest.
(c) The mental health adviser shall:
(i) act as liaison for the board with the Department of Human Services and local mentalhealth authorities;
(ii) educate the members of the board regarding the needs and special circumstances ofmentally ill persons in the criminal justice system;
(iii) in cooperation with the Department of Corrections, monitor the status of persons inthe prison who have been found guilty and mentally ill;
(iv) monitor the progress of other persons under the board's jurisdiction who are mentallyill;
(v) conduct hearings as necessary in the preparation of reports and recommendations;and
(vi) perform other duties as assigned by the board.
Amended by Chapter 110, 2010 General Session