77-23-301 - Warrantless searches regarding persons on parole. - Utah Statutes

77-23-301. Warrantless searches regarding persons on parole.
(1) An inmate who is eligible for release on parole shall, as a condition of parole, sign anagreement as described in Subsection (2) that the inmate, while on parole, is subject to search orseizure of the inmate's person, property, place of temporary or permanent residence, vehicle, orpersonal effects while on parole:
(a) by a parole officer at any time, with or without a search warrant, and with or withoutcause; and
(b) by a law enforcement officer at any time, with or without a search warrant, and withor without cause, but subject to Subsection (3).
(2) (a) The terms of the agreement under Subsection (1) shall be stated in clear andunambiguous language.
(b) The agreement shall be signed by the parolee, indicating the parolee's understandingof the terms of searches as allowed by Subsection (1).
(3) (a) In order for a law enforcement officer to conduct a search of a parolee's residenceunder Subsection (1) or a seizure pursuant to the search, the law enforcement officer shall haveobtained prior approval from a parole officer or shall have a warrant for the search.
(b) If a law enforcement officer conducts a search of a parolee's person, personal effects,or vehicle pursuant to a stop, the law enforcement officer shall notify a parole officer as soon asreasonably possible after conducting the search.
(4) A search conducted under this section may not be for the purpose of harassment.
(5) Any inmate who does not agree in writing to be subject to search or seizure underSubsection (1) may not be paroled until the inmate enters into the agreement under Subsection(1).
(6) This section applies only to an inmate who is eligible for release on parole on or afterMay 5, 2008.

Enacted by Chapter 357, 2008 General Session