This text of Utah § 77-27-9.5 (Victim may attend hearings.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)As used in this section, "hearing" means a hearing for a parole grant or revocation, or a rehearing of either of these if the offender is present.
(2)(2)(a) Except as provided in Subsection (2)(b), when a hearing is held regarding any offense committed by the defendant that involved the victim, the victim may attend the hearing to present the victim's views concerning the decisions to be made regarding the defendant.
(2)(b) (2)(b)(i) The victim may not attend a redetermination or special attention hearing if the offender is not present.
(2)(b)(ii) At that redetermination or special attention hearing, the board shall give consideration to any presentation previously given by the victim regarding that offender.
(3)(3)(a) The board shall send timely notice of the hearing to the victim a
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(1) As used in this section, "hearing" means a hearing for a parole grant or revocation, or a rehearing of either of these if the offender is present.
(2) (2)(a) Except as provided in Subsection (2)(b), when a hearing is held regarding any offense committed by the defendant that involved the victim, the victim may attend the hearing to present the victim's views concerning the decisions to be made regarding the defendant.
(2)(b) (2)(b)(i) The victim may not attend a redetermination or special attention hearing if the offender is not present.
(2)(b)(ii) At that redetermination or special attention hearing, the board shall give consideration to any presentation previously given by the victim regarding that offender.
(3) (3)(a) The board shall send timely notice of the hearing to the victim as provided in Subsection (3)(c).
(3)(b) The notice shall include:
(3)(b)(i) the date, time, and location of the hearing;
(3)(b)(ii) a clear statement of the reason for the hearing, including all offenses involved;
(3)(b)(iii) the statutes and rules applicable to the victim's participation in the hearing;
(3)(b)(iv) the address and telephone number of an office or person the victim may contact for further explanation of the procedure regarding victim participation in the hearing; and
(3)(b)(v) specific information about how, when, and where the victim may obtain the results of the hearing.
(3)(c) The board may notify a victim through the board's website or through the mail or other electronic means available to the board.
(3)(d) If the victim requests that a notification occur using a specific method offered by the board, the board shall make reasonable efforts to accommodate that request.
(3)(e) If the victim is deceased, or the board is otherwise unable to contact the victim, the board shall make reasonable efforts to notify the victim's immediate family of the hearing.
(3)(f) The victim may communicate with the board for consideration of continuance of the hearing if travel or other significant conflict prohibits the victim's attendance at the hearing.
(4) The victim, or family members if the victim is deceased or unable to attend due to physical incapacity, may:
(4)(a) attend the hearing to observe;
(4)(b) make a statement to the board, or the board's appointed examiner, in person or through a representative appointed by the victim or the victim's family; and
(4)(c) remain present for the hearing if the victim appoints another to make a statement on the victim's behalf.
(5) The statement may be presented:
(5)(a) as a written statement, which may also be read aloud, if the presenter desires; or
(5)(b) as an oral statement presented by the person selected under Subsection (4).
(6) The victim may be accompanied by a member of his family or another individual, present to provide emotional support to the victim.
(7) The victim may, upon request, testify outside the presence of the defendant but a separate hearing may not be held for this purpose.
(8) (8)(a) If a victim does not attend a hearing, the victim may provide a written statement that complies with board rules.
(8)(b) If the victim does not offer a verbal or written statement at the time of the hearing, the board shall consider any statement from the victim that was previously provided to the board.
(8)(c) The board may not afford a written statement provided by a victim less weight than a verbal statement solely because the statement is written.