- (1) When an offender with a mental condition who has been committed to the department becomes eligible to be considered for parole, the board shall request a recommendation from the executive director and from UDC before placing the offender on parole.
(2) Before setting a parole date, the board shall request that its mental health adviser prepare a report regarding the offender with a mental condition, including:
- (a) all available clinical facts;
- (b) the diagnosis;
- (c) the course of treatment received at the mental health facility;
- (d) the prognosis for remission of symptoms;
- (e) potential for recidivism;
- (f) an estimation of the dangerousness of the offender with a mental condition either to self or others; and
- (g) recommendations for future treatment.
- (3) Based on the report described in Subsection (2), the board may place the offender with a mental condition on parole. The board may require mental health treatment as a condition of parole. If treatment is ordered, failure to continue treatment, except by agreement with the treatment provider, and the board, is a basis for initiation of parole violation hearings by the board.
(4)
- (a) The Division of Adult Probation and Parole created in Section 64-14-202 shall monitor the status of an offender with a mental condition who has been placed on parole.
- (b) UDC may provide treatment by contracting with the department, a local mental health authority, any other public or private provider, or in-house staff.
- (5) The board may not subsequently reduce the period of parole without considering an updated report on the offender's current mental condition.
Amended by Chapter 214, 2025 General Session