1. (1) If the board in the board's discretion determines that an offender within the board's jurisdiction is unable, due to physical, mental, or other circumstances, to meaningfully participate in a board hearing or other board proceeding, the board may appoint, at the board's own expense, legal counsel or a lay representative to assist the offender.
2. (2) If a prosecuting attorney brings a motion under Subsection 80-6-507(7) to have the board review the status of a minor who is provisionally housed in a secure care facility, as defined in Section 80-1-102, and the board agrees to review the status of the minor, the board may appoint counsel to assist the minor, at the board's own expense, before a hearing on the motion.
3. (3) The board shall determine the scope of the representation described in Subsection (1) based on a review of the totality of the circumstances.

4. (4) This section does not prevent the board from:

   1. (a) appointing a licensed mental health professional in accordance with Section 77-27-7; or
   2. (b) otherwise seeking information concerning the offender from the department or another entity.

Amended by Chapter 388, 2026 General Session