64-13-14.7 - Victim notification of offender's release. - Utah Statutes

64-13-14.7. Victim notification of offender's release.
(1) As used in this section:
(a) "Offender" means a person who committed an act of criminally injurious conductagainst the victim and has been sentenced to incarceration in the custody of the department.
(b) "Victim" means a person against whom an offender committed criminally injuriousconduct as defined in Section 63M-7-502, and who is entitled to notice of hearings regarding theoffender's parole under Section 77-27-9.5. "Victim" includes the legal guardian of a victim, orthe representative of the family of a victim who is deceased.
(2) (a) A victim shall be notified of an offender's release under Sections 64-13-14.5 and64-13-14.7, or any other release to or from a half-way house, to a program outside of the prisonsuch as a rehabilitation program, state hospital, community center other than a release on parole,commutation or termination for which notice is provided under Sections 77-27-9.5 and77-27-9.7, transfer of the offender to an out-of-state facility, or an offender's escape, uponsubmitting a signed written request of notification to the Department of Corrections. The requestshall include a current mailing address and may include current telephone numbers if the victimchooses.
(b) The department shall advise the victim of an offender's release or escape underSubsection (2)(a), in writing. However, if written notice is not feasible because the release isimmediate or the offender escapes, the department shall make a reasonable attempt to notify thevictim by telephone if the victim has provided a telephone number under Subsection (2)(a) andshall follow up with a written notice.
(3) Notice of victim rights under this section shall be provided to the victim in the noticeof hearings regarding parole under Section 77-27-9.5. The department shall coordinate with theBoard of Pardons and Parole to ensure the notice is implemented.
(4) A victim's request for notification under this section and any notification to a victimunder this section is private information that the department may not release:
(a) to the offender under any circumstances; or
(b) to any other party without the written consent of the victim.
(5) The department may make rules as necessary to implement this section.
(6) The department or its employees acting within the scope of their employment are notcivilly or criminally liable for failure to provide notice or improper notice under this sectionunless the failure or impropriety is willful or grossly negligent.

Amended by Chapter 382, 2008 General Session