§ 77-16a-205 — Parole.

(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:
(2)(a) all available clinical facts;
(2)(b) the diagnosis;
(2)(c) the course of treatment received at the mental health facility;
(2)(d) the prognosis for remission of symptoms;
(2)(e) potential for recidivism;
(2)(f) an estimation of the dangerousness of the offender with a mental condition either to self or others; and
(2)(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) (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.
(4)(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.

Legislative History

Amended by Chapter 214, 2025 General Session