64-14 - Adult Probation and Parole
Title 64 > 64-14
Sections (9)
General Provisions
64-14-101 - Definitions.
(1) “Department” means the same as that term is defined in Section 64-13-1.
(2) “Division” means the Division of Adult Probation and Parole created in Section 64-14-202.
(3) “Executive director” means the same as that term is defined in Section 64-13-1.
(4) “Inmate” means the same as that term is defined in Section 64-13-1.
(5) “Offender” means the same as that term is defined in Section 64-13-1.
(6) “Recidivism” means the same as that term is defined in Section 64-13-1.
Enacted by Chapter 214, 2025 General Session
Division of Adult Probation and Parole
64-14-201 - Definitions.
Enacted by Chapter 214, 2025 General Session
64-14-202 - Creation of division — Appointment of director.
(1) There is created within the department the Division of Adult Probation and Parole.
(2) The executive director shall appoint a director of the Division of Adult Probation and Parole who shall manage, direct, and supervise the Division of Adult Probation and Parole.
Enacted by Chapter 214, 2025 General Session
64-14-203 - Duties of division.
(1) The division shall:assist the department in fulfilling the department’s duty to supervise, as described in Subsection 64-13-6(1)(i), probationers and parolees as directed by statute and implemented by the courts and the Board of Pardons and Parole;comply with the requirements described in this part;supply the information described in Section 53-10-209 that is required to be submitted to the Criminal Investigations and Technical Services Division created in Subsection 53-10-103(2);comply with the use of funds requirement for outpatient treatment services for those convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, as described in Subsection 59-27-105(4)(c);monitor the status of an offender with a mental condition who has been placed on parole as described in Subsection 77-16a-205(4);comply with the requirements described in Title 77, Chapter 18, The Judgment;in accordance with the adult sentencing and supervision length guidelines described in Section 63M-7-404.3, notify the Board of Pardons and Parole of parole violations;for an individual who is on probation for a domestic violence offense that the division is supervising, report to the court and notify the victim of the domestic violence offense if the individual fails to comply with any condition imposed by the court or commits a violation of a sentencing protective order as required by Subsection 77-36-5.1(4);comply with the notice requirement to a prosecuting agency described in Subsection 77-38-3(6) if the division is the moving party on a motion for modification of any determination made at any of the criminal justice hearings provided in Subsections 77-38-2(5)(a) through (g);collect restitution information in preparing a presentence investigation report as described in Section 77-38b-203;for an individual under supervision by the division who violates a sentencing protective order issued under Title 78B, Chapter 7, Part 8, Criminal Protective Orders, report the violation to the court and notify the victim protected by the order of the violation as required by Section 78B-7-807; andcomply with any other requirement established by applicable statute or regulation or a directive from the executive director.
(2) The division may, in the course of supervising individuals on probation and parole:respond to an individual’s violation of one or more terms of the probation or parole in accordance with the graduated and evidence-based processes established by the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1; andupon approval by the court or the Board of Pardons and Parole, impose as a sanction for an individual’s violation of the terms of probation or parole a period of incarceration of not more than three consecutive days and not more than a total of six days within a period of 30 days.
Enacted by Chapter 214, 2025 General Session
64-14-204 - Supervision of sentenced offenders placed in community — Rulemaking — POST certified parole or probation officers and peace officers — Duties — Supervision fee — Coordination with local mental health authority.
(1) The division, except as otherwise provided by law, shall supervise a sentenced offender placed in the community if the offender:is placed on probation by a court;is released on parole by the Board of Pardons and Parole; oris accepted for supervision under the terms of the Interstate Compact for the Supervision of Parolees and Probationers; andhas been convicted of:a felony;a class A misdemeanor when an element of the offense is the use or attempted use of physical force against an individual or property; ornotwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the division is ordered by a court to supervise the offender under Section 77-18-105.If a sentenced offender participates in substance use treatment or a residential vocational or life skills program, as defined in Section 13-53-102, while under supervision on probation or parole, the division shall monitor the offender’s compliance with and completion of the treatment or program.The department shall establish standards for:the supervision of offenders in accordance with the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, giving priority, based on available resources, to felony offenders and offenders sentenced under Subsection 58-37-8(2)(b)(ii); andthe monitoring described in Subsection (1)(b).
(2) The division shall apply the graduated and evidence-based responses established in the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to facilitate a prompt and appropriate response to an individual’s violation of the terms of probation or parole, including:sanctions to be used in response to a violation of the terms of probation or parole; andrequesting approval from the court or Board of Pardons and Parole to impose a sanction for an individual’s violation of the terms of probation or parole, for a period of incarceration of not more than three consecutive days and not more than a total of six days within a period of 30 days.
(3) The division shall implement a program of graduated incentives as established in the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1 to facilitate the department’s prompt and appropriate response to an offender’s:compliance with the terms of probation or parole; orpositive conduct that exceeds those terms.
(4) The department shall, in collaboration with the State Commission on Criminal and Juvenile Justice and the Division of Substance Use and Mental Health, create standards and procedures for the collection of information, including cost savings related to recidivism reduction and the reduction in the number of inmates, related to the use of the graduated and evidence-based responses and graduated incentives, and offenders’ outcomes.The collected information shall be provided to the State Commission on Criminal and Juvenile Justice not less frequently than annually on or before August 31.
(5) Employees of the division who are POST certified as law enforcement officers or correctional officers and who are designated as parole and probation officers by the executive director have the following duties:monitoring, investigating, and supervising a parolee’s or probationer’s compliance with the conditions of the parole or probation agreement;investigating or apprehending any offender who has escaped from the custody of the department or absconded from supervision by the division;supervising any offender during transportation; orcollecting DNA specimens when the specimens are required under Section 53-10-404.
(6) A monthly supervision fee of $30 shall be collected from each offender on probation or parole.The fee described in Subsection (6)(a)(i) may be suspended or waived by the division upon a showing by the offender that imposition would create a substantial hardship or if the offender owes restitution to a victim.The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the supervision fee and the circumstances under which an offender may request a hearing.In determining whether the imposition of the supervision fee would constitute a substantial hardship, the division shall consider the financial resources of the offender and the burden that the fee would impose, with regard to the offender’s other obligations.The division shall deposit money received from the monthly supervision fee established in this Subsection (6) into the General Fund as a parole and probation dedicated credit to be used to cover costs incurred in the collection of the fee and in the development of offender supervision programs.
(7) For offenders placed on probation under Section 77-18-105 or parole under Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the division shall establish a program allowing an offender to earn a reduction credit of 30 days from the offender’s period of probation or parole for each month the offender complies with the terms of the offender’s probation or parole agreement, including the case action plan.For offenders placed on probation under Section 77-18-105 or parole under Section 76-3-202 on or after July 1, 2026, the division shall establish a program, consistent with the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to provide incentives for an offender that maintains eligible employment, as defined in Section 64-13g-101.The program under Subsection (7)(b)(i) may include a credit towards the reduction of the length of supervision for an offender at a rate of up to 30 days for each month that the offender maintains eligible employment, as defined in Section 64-13g-101.A court, or the Board of Pardons and Parole, is not required to grant a request for termination of supervision under the program described in this Subsection (7)(b) if the court, or the Board of Pardons and Parole, finds that:the offender presents a substantial risk to public safety;termination would prevent the offender from completing risk reduction programming or treatment; orthe eligibility criteria for termination of supervision, as established in the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, have not been met.This Subsection (7)(b) does not prohibit the division, or another supervision services provider, from requesting termination of supervision based on the eligibility criteria in the adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1.The division shall:maintain a record of credits earned by an offender under this Subsection (7); andrequest from the court or the Board of Pardons and Parole the termination of probation or parole not fewer than 30 days prior to the termination date that reflects the credits earned under this Subsection (7).This Subsection (7) does not prohibit the division from requesting a termination date earlier than the termination date established by earned credits under Subsection (7)(c).The court or the Board of Pardons and Parole shall terminate an offender’s probation or parole upon completion of the period of probation or parole accrued by time served and credits earned under this Subsection (7) unless the court or the Board of Pardons and Parole finds that termination would interrupt the completion of a necessary treatment program, in which case the termination of probation or parole shall occur when the treatment program is completed.The department shall report annually to the State Commission on Criminal and Juvenile Justice on or before August 31:the number of offenders who have earned probation or parole credits under this Subsection (7) in one or more months of the preceding fiscal year and the percentage of the offenders on probation or parole during that time that this number represents;the average number of credits earned by those offenders who earned credits;the number of offenders who earned credits by county of residence while on probation or parole;the cost savings associated with sentencing reform programs and practices; anda description of how the savings will be invested in treatment and early-intervention programs and practices at the county and state levels.
(8) The department shall coordinate with a local mental health authority to complete the requirements of this Subsection (8) for an offender who:is a habitual offender as that term is defined in Section 77-18-102;has a mental illness as that term is defined in Section 26B-5-301; andbased on a risk and needs assessment:is at a high risk of reoffending; andhas risk factors that may be addressed by available community-based services.For an offender described in Subsection (8)(a), at any time clinically appropriate or at least three months before termination of an offender’s parole or expiration of an offender’s sentence, the department shall coordinate with the Department of Health and Human Services and the relevant local mental health authority to provide applicable clinical assessments and transitional treatment planning and services for the offender so that the offender may receive appropriate treatment and support services after the termination of parole or expiration of sentence.The local mental health authority may determine whether the offender:meets the criteria for civil commitment;meets the criteria for assisted outpatient treatment; orwould benefit from assignment to an assertive community treatment team or available community-based services.Based on the local mental health authority’s determination under Subsection (8)(c), the local mental health authority shall, as appropriate:initiate an involuntary commitment court proceeding;file a written application for assisted outpatient treatment; orseek to have the offender assigned to an assertive community treatment team or available community-based services.On or before November 1, 2025, the department shall provide a report to the Law Enforcement and Criminal Justice Interim Committee regarding any proposed changes to the requirements in this Subsection (8), including whether the requirements of this Subsection (8) should also apply to any other category of offenders.
Renumbered and Amended by Chapter 214, 2025 General Session
64-14-205 - Violation of parole or probation — Detention — Hearing.
(1) As used in this section:“72-hour hold” means a directive from the department:prohibiting the release of a parolee or probationer from correctional custody who has entered correctional custody due to a violation of a condition of parole or probation; andlasting for a maximum of 72 hours, excluding weekends or holidays, from the time the parolee or probationer entered correctional custody.”Correctional custody” means when a parolee or probationer is physically detained in a county jail or a correctional facility operated by the department.”Parolee” means an individual on parole under the supervision of the division.”Probationer” means an individual on probation under the supervision of the division.”Qualifying domestic violence offense” means the same as that term is defined in Subsection 77-Ch77_36|77-36-1.1].”Qualifying domestic violence offense” does not include criminal mischief as described in Section 76-6-106.”Violent felony” means the same as that term is defined in Section 76-3-203.5.
(2) The division shall ensure that the court is notified of violations of the terms and conditions of probation in the case of probationers under the supervision of the division or the Board of Pardons and Parole in the case of parolees under the division’s supervision when:incarceration is recommended as a sanction;the division determines that a graduated and evidence-based response is not an appropriate response to the violation and recommends revocation of probation or parole; orthere is probable cause that the conduct that led to a violation of parole or probation is:a violent felony; ora qualifying domestic violence offense.
(3) The division:may place a 72-hour hold on a parolee or probationer if there is probable cause to believe that the parolee or probationer has committed a violation other than a violent felony or qualifying domestic violence offense; andshall place a 72-hour hold on a parolee or probationer if there is probable cause to believe that the parolee or probationer has committed a violent felony or qualifying domestic violence offense.
(4) The division may not detain, or have a county jail detain, a probationer or parolee for longer than 72 hours without a warrant or order issued by the court or Board of Pardons and Parole.To obtain a warrant or order to detain a probationer or parolee for longer than 72 hours, the division shall seek the warrant or order from the court for a probationer or the Board of Pardons and Parole for a parolee.The division may decline to seek a warrant or order under Subsection (4)(b) for a probationer or parolee subject to a 72-hour hold and remove the 72-hour hold.
(5) This section does not require the division to release a probationer or parolee who is being held for something other than a probation or parole violation, including a warrant issued for new criminal conduct or a new conviction where the probationer or parolee is sentenced to incarceration.
(6) The department may make rules as necessary, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the division to implement this section.
Renumbered and Amended by Chapter 214, 2025 General Session
Adult Probation and Parole Employment Incentive Program
64-14-301 - Definitions.
As used in this part:
(1) “Average daily population” means the average daily number of individuals on parole or felony probation in the region during the applicable fiscal year.
(2) “Baseline parole employment rate” means the average of the parole employment rates for fiscal years 2023, 2024, and 2025.
(3) “Baseline probation employment rate” means the average of the probation employment rates for fiscal years 2023, 2024, and 2025.
(4) “Eligible employment” means an occupation, or combined occupations, that:consist of at least 130 hours in a 30-day period; andare verified via paystubs, employment letters, contracts, or other reliable methods, as determined by the department.
(5) “Evidence-based” means a supervision policy, procedure, program, or practice demonstrated by scientific research to reduce recidivism of individuals on parole or felony probation.
(6) “Marginal cost of incarceration” means the total costs of incarceration, per inmate, that fluctuate based on inmate population.
(7) “Office” means the Governor’s Office of Planning and Budget.
(8) “Parole employment rate” means the percentage of individuals on parole who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year.
(9) “Probation employment rate” means the percentage of individuals on felony probation who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year.
(10) “Program” means the Adult Probation and Parole Employment Incentive Program, created in Section 64-14-302.
(11) “Region” means one of the geographic regions into which the department has divided the state for purposes of supervising adult probation and parole.
(12) “Restricted account” means the Employment Incentive Restricted Account created in Section 64-14-303.
Renumbered and Amended by Chapter 214, 2025 General Session
64-14-302 - Adult Probation and Parole Employment Incentive Program.
(1) There is created the Adult Probation and Parole Employment Incentive Program.
(2) The department and the office shall implement the program in accordance with the requirements of this chapter.
(3) Beginning July 2026, and each July after 2026, the department shall calculate and report to the office, for the preceding fiscal year, for each region and statewide:the parole employment rate and the average length of employment of individuals on parole;the probation employment rate and average length of employment of individuals on felony probation;the recidivism percentage, using applicable recidivism metrics described in Subsections 63M-7-102(1) and (3);the number and percentage of individuals who successfully complete parole or felony probation;if the recidivism percentage described in Subsection (3)(c) represents a decrease in the recidivism percentage when compared to the fiscal year immediately preceding the fiscal year to which the recidivism percentage described in Subsection (3)(c) relates, the estimated costs of incarceration savings to the state, based on the marginal cost of incarceration;the number of individuals who successfully complete parole and, during the entire six months before the day on which the individuals’ parole ends, held eligible employment; andthe number of individuals who successfully complete felony probation and, during the entire six months before the day on which the individuals’ parole ended, held eligible employment.
(4) In addition to the information described in Subsection (3), the department shall report, for each region, the number and types of parole or probation programs that were created, replaced, or discontinued during the preceding fiscal year.
(5) After receiving the information described in Subsections (3) and (4), the office, in consultation with the department, shall, for each region:add the region’s baseline parole employment rate and the region’s baseline probation employment rate;add the region’s parole employment rate and the region’s probation employment rate;subtract the sum described in Subsection (5)(a) from the sum described in Subsection (5)(b); andif the rate difference described in Subsection (5)(c) is zero or less than zero, assign an employment incentive payment of zero to the region; orexcept as provided in Subsection (7), if the rate difference described in Subsection (5)(c) is greater than zero, assign an employment incentive payment to the region by:multiplying the rate difference by the average daily population for that region; andmultiplying the product of the calculation described in Subsection (5)(d)(ii)(A) by $2,500.
(6) In addition to the employment incentive payment described in Subsection (5), after receiving the information described in Subsections (3) and (4), the office, in consultation with the department, shall, for each region, multiply the sum of the numbers described in Subsections (3)(f) and (g) for the region by $2,500 to determine the end-of-supervision employment incentive payment for the region.
(7) The employment incentive payment, or end-of-supervision employment supervision payment, for a region is zero if the recidivism percentage for the region, described in Subsection (3)(c), represents an increase in the recidivism percentage when compared to the fiscal year immediately preceding the fiscal year to which the recidivism percentage for the region, described in Subsection (3)(c), relates.
(8) Upon determining an employment incentive payment for a region in accordance with Subsections (5)(d)(ii), (6), and (7), the office shall authorize distribution, from the restricted account, of the incentive payment as follows:15% of the payment may be used by the department for expenses related to administering the program; and85% of the payment shall be used by the region to improve and expand supervision and rehabilitative services to individuals on parole or adult probation, including by:implementing and expanding evidence-based practices for risk and needs assessments for individuals;implementing and expanding intermediate sanctions, including mandatory community service, home detention, day reporting, restorative justice programs, and furlough programs;expanding the availability of evidence-based practices for rehabilitation programs, including drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and other employment services;hiring additional officers, contractors, or other personnel to implement evidence-based practices for rehabilitative and vocational programing;purchasing and adopting new technologies or equipment that are relevant to, and enhance, supervision, rehabilitation, or vocational training; orevaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.
(9) The report described in Subsections (3) and (4) is a public record.The department shall maintain a complete and accurate accounting of the payment and use of funds under this section.If the money in the restricted account is insufficient to make the full employment incentive payments or the full end-of-supervision employment incentive payments, the office shall authorize the payments on a prorated basis.
Renumbered and Amended by Chapter 214, 2025 General Session
64-14-303 - Employment Incentive Restricted Account.
(1) There is created within the General Fund a restricted account known as the “Employment Incentive Restricted Account.”
(2) The account consists of appropriations made by the Legislature.
(3) The office shall authorize expenditures from the account in accordance with Section 64-14-302.
(4) Subject to legislative appropriations, the department and each region shall expend money from the restricted account only in accordance with Subsection 64-14-302(8).
Renumbered and Amended by Chapter 214, 2025 General Session