Section 205 – Parole.

• (1) When an offender with a mental illness 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 illness, 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 illness 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 illness 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) UDC, through Adult Probation and Parole, shall monitor the status of an offender with a mental illness who has been placed on parole. 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 334, 2018 General Session