Utah State Prison Orientation for Inmate Friends and Family

BOARD OF PARDONS

Q.        How do inmates get out of Prison?
A.        Release from prison can only be accomplished through an order of the court, an order by the Board of Pardons and Parole or by completing the entire sentence, as defined by statute (expiration of sentence).

Once an offender has been committed to the prison, jurisdiction is transferred to the Board to determine length of sentence and the conditions upon which an offender shall be released.  The Board can make the determination to release an offender on parole, terminate the sentence short of the statutory limit, or require full service of sentence.

Q.        What is indeterminate sentencing?
A.        When an offender is sentenced to prison by the court, there is a statutory period of time set for each level of offense, such as 1-15 years.   After sentencing, it is up to the Board of Pardons and Parole to determine, within that time frame, the length of time an offender will remain in prison.   The Board will also decide conditions of release from custody and if an offender on parole should be returned to custody, based on certain violations of parole.  An offender remains under jurisdiction of the Board until he has served the statutory limits of parole, has expired his sentence or is otherwise terminated by the Board.

Q.        Who comprises the Board of Pardons and Parole?
A.            Members of the Board of Pardons and Parole are appointed by the Governor, with confirmation from the legislature.  Members generally possess expertise in the areas of law, corrections and mental health.  There are five full time members of the Board and five part-time members.  The Board is a separate entity from the Department of Corrections and while they receive recommendations from the various departments within Corrections, decisions by the Board are an independent matter.  Similarly, the Board has no direct authority over the various functions of the Department of Corrections.

Q.        When does an offender appear before the Board of Pardons and Parole?
A.        The following time frames have been established for offenders appearing before the Board for their first (original) hearing:

            In cases where a death has occurred, regardless of degree of offense, the Board will review the case administratively to determine when the first hearing will be held.

Q.        How much time do inmates usually serve?
A.        There is no “usual” amount of time an offender will serve.  Each case is reviewed on an individual basis.  The Board will consider the following factors in setting the length of sentence: the nature of the offense, prior criminal history, institutional progress, any mental health or psychological evaluations, recommendations from the sentencing judge and prosecutor, and letters from the victim, family and other interested parties.

            The goals of the Board in setting a release date are: 1) determining an appropriate sentence for the crime; 2) protecting the community and the victim from further harm or risk; and, 3) encouraging the habilitative efforts of the offender.  The decisions require careful weighing of the information in determining what is best for all concerned.

The Board utilizes guidelines designed to assist them in making a decision.  However, the Board is not bound by these guidelines or any recommendations submitted to them in the process of gathering information on the offender.  Board decisions are final and cannot be appealed.

Q.        Can I attend a Board of Pardon's hearing?
A.        All Board of Pardons and Parole hearings are open to the public.  Anyone may attend as long as they are allowed on prison property.  Current and former offenders may be denied access to such a hearing, as well as anyone who cannot produce a valid ID or has outstanding warrants.  The news media is also allowed access to hearings of the Board.

Q.        Can I speak on behalf of the inmate at the hearing?
A.        No.  The only individuals allowed to comment during a hearing are the offender and any victim(s) of record.  If you have information you feel the Board should consider, you may submit such in written form to the Board prior to the hearing. 

Q.        Will I be permitted to visit with the inmate after the hearing?
A.        Under specific circumstances, special visits may be granted.  However, arrangements must be made in advance of the hearing or it will be denied.

Q.        How do I learn more about the Board of Pardons?
A.        You may contact the Board of Pardons and Parole at (801)-261-6464 or write them at the following address: