A common misconception is that the Utah Board of Pardons and Parole automatically receives evidence, testimony, reports, and other important documents that were presented at trial or during a sentencing hearing.
The truth is, contrary to what some might assume, including many judges and experienced attorneys, most of what is said and presented at trial and at a sentencing hearing will not automatically make it to the Utah Board of Pardons and Parole for consideration. Instead, you must take extra steps to ensure the right information gets where it needs to be.
Information that is not automatically sent to the Utah Board of Pardons and Parole may include mitigation reports, psychological evaluations, psychosexual evaluations, competency reports, victim impacts statements, orders to show cause in probation cases, prior court rulings or orders, corrections to the pre-sentence investigation reports, letters of support, and the defendant’s elocution at the time of sentencing.
So what does the Utah Board of Pardons and Parole receive from the trial-level proceedings? The Board regularly receives a Pre-Sentence Investigation Report or a Post-Sentence Investigation Report (PSI) as well as the sentence, judgment, and commitment, which is the official court order sending someone to prison.
Just because the Board has received the PSI does not mean, however, that it will receive corrections to the PSI. Often trial-level attorneys have negotiated changes to make the PSI more accurate. Unless the PSI is amended by Adult Probation and Parole (AP&P) or unless the judge explicitly lists the amendment in the text of the sentence, judgment, and commitment, the correction will not be automatically transmitted to the Board of Pardons and Parole for consideration.
This is important information for victims and victim advocates as well. Many people choose to testify in person at a sentencing hearing. Unless a transcript of the hearing is ordered and then sent to the Board of Pardons and Parole, there is a good chance that the Board of Pardons and Parole will not see the statement. Written victim impact statements should also be sent directly to the Board because they do not always end up in the PSI.
The Utah Board of Pardons and Parole and the Utah Courts are working hard to make improvements in this area, but there is not currently an automatic transfer of these important records.
The best way to ensure that relevant materials from the trial and sentencing are relayed to the Board of Pardons and Parole is to mail it to the Board directly. Contact Thompson Appeals for a consultation if you would like to know what information is most relevant to the Board.