Utah Code » Title 76, Chapter 3 — Punishments; part 76-3-2 — Sentencing
Utah Code

Utah Code § 76-3-202 (2026)

Paroled individuals -- Termination or discharge from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole

✓ current as of May 2026
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7/1/2026

As described in Subsection 77-27-5(7), every individual committed to the state prison to serve an indeterminate term and, after December 31, 2018, released on parole shall complete a term of parole that extends through the expiration of the individual's maximum sentence unless the parole is earlier terminated by the Board of Pardons and Parole in accordance with the adult sentencing and supervision length guidelines, as defined in Section 75E-4-101, to the extent the guidelines are consistent with the requirements of the law.
Except as provided in Subsection (2)(b), an individual committed to the state prison to serve an indeterminate term and released on parole on or after October 1, 2015, but before January 1, 2019, shall, upon completion of three years on parole outside of confinement and without violation, be terminated from the individual's sentence unless the parole is earlier terminated by the Board of Pardons and Parole or is terminated in accordance with Section 64-14-204.
An individual committed to the state prison to serve an indeterminate term and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was convicted of a felony offense under Chapter 5, Offenses Against the Individual, or an attempt, conspiracy, or solicitation to commit the offense, shall complete a term of parole that extends through the expiration of the individual's maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
An individual convicted of a second degree felony for violating Section 76-5-404, forcible sexual abuse; Section 76-5-404.1, sexual abuse of a child; or Section 76-5-404.3, aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the commission of a violation of any of those sections, and who is paroled before July 1, 2008, shall, upon completion of 10 years parole outside of confinement and without violation, be terminated from the sentence unless the individual is earlier terminated by the Board of Pardons and Parole.
An individual who violates the terms of parole, while serving parole, for any offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be recommitted to prison to serve the portion of the balance of the term as determined by the Board of Pardons and Parole, but not to exceed the maximum term.
An individual paroled following a former parole revocation may not be discharged from the individual's sentence until:
the individual has served the applicable period of parole under this section outside of confinement;
the individual's maximum sentence has expired; or
the Board of Pardons and Parole orders the individual to be discharged from the sentence.
All time served on parole, outside of confinement and without violation, constitutes service toward the total sentence.
Any time an individual spends outside of confinement after commission of a parole violation does not constitute service toward the total sentence unless the individual is exonerated at a parole revocation hearing.
Any time an individual spends in confinement awaiting a hearing before the Board of Pardons and Parole or a decision by the board concerning revocation of parole constitutes service toward the total sentence.
In the case of exoneration by the board, the time spent is included in computing the total parole term.
When a parolee causes the parolee's absence from the state without authority from the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence, avoidance, or evasion tolls the parole period.
While on parole, time spent in confinement outside the state may not be credited toward the service of any Utah sentence.
Time in confinement outside the state or in the custody of any tribal authority or the United States government for a conviction obtained in another jurisdiction tolls the expiration of the Utah sentence.
This section does not preclude the Board of Pardons and Parole from paroling or discharging an inmate at any time within the discretion of the Board of Pardons and Parole unless otherwise specifically provided by law.
A parolee sentenced to lifetime parole may petition the Board of Pardons and Parole for termination of lifetime parole.
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1985–2025 · leading case: Petersen v. Utah Bd. of Pardons, 907 P.2d 1148 (Utah 1995).
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Petersen v. Utah Bd. of Pardons, 907 P.2d 1148 (Utah 1995). · cites it 9× “Petersen bases his argument on Utah Code Ann. § 76-3-202 (1) and (3), 3 which, at the relevant time, provided: (1) Every person who is committed to the state prison to serve an indeterminate term and who thereafter is released on parole shall, upon completion of three years on…”
N. v. Barnes, 825 P.2d 696 (Utah Ct. App. 1992). · cites it 6× “” Utah Code Ann. § 76-3-202 (1) (1990). “Any time spent in confinement awaiting a hearing .”
State v. Schreuder, 712 P.2d 264 (Utah 1985). · cites it 2× “Section 76-3-202(5) says: “Nothing in this section shall preclude the board of pardons from paroling or discharging an inmate at any time within the discretion of the board of pardons.”
State v. Mossman, 281 P.3d 153 (Kan. 2012). “375(l)(b) (2011) (mandatory lifetime “post-prison” supervision for enumerated sex offenses if defendant was over 18 at time of the offense; also mandatory if defendant was over 18 and a sexually violent dangerous offender; mandatory for rape in first degree which includes…”
State v. Cameron, 281 P.3d 143 (Kan. 2012). “57, § 584 (N)(2) (2011) (Oklahoma); Utah Code Ann. § 76-3-202 (3)(a) (2008) (Utah).”
State v. Alvillar, 748 P.2d 207 (Utah Ct. App. 1988). · cites it 4× “" Utah Code Ann. § 76-3-202 (5) (1987). The Court found the language of this provision adequate to allow the Board to give the defendant credit for his presentence confinement when it determines the length of time he should actually serve pursuant to the sentence imposed on him.”
Rawlings v. Holden, 869 P.2d 958 (Utah Ct. App. 1994). · cites it 2× “” Utah Code Ann. § 76-3-202 (5) (1990). Put differently, “[o]nce sentence has been imposed by the [trial] court, our sentencing system vests almost complete discretion in the Board of Pardons to determine the period of time that will actually be served.”
Renn v. Utah State Bd. of Pardons, 862 P.2d 1378 (Utah Ct. App. 1993). · cites it 2× “(3) The Board has the discretion under Utah Code Ann. § 76-3-202 (5) (1990) "to parole or discharge an inmate at any time.”
Ontiveros v. Utah Bd. of Pardons, 897 P.2d 1222 (Utah Ct. App. 1995). · cites it 2× “Appellant’s argument is based on Utah Code Ann. § 76-3-202 (3)(c) (1995), which provides that “[a]ny time spent in confinement awaiting a hearing before the Board of Pardons and Parole or a decision by the board concerning revocation of parole constitutes service of the sentence.”
State v. Villar, 748 P.2d 207 (Utah Ct. App. 1988). · cites it 4× “Section 76-3-202(5), governing the imposition of sentences, provides that “[njothing in this section shall preclude the board of pardons from paroling or discharging an inmate at *209 any time within the discretion of the board of pardons_” Utah Code Ann. § 76-3-202 (5) (1987).…”
Hutchings v. Powell (D. Utah 2024). · cites it 4× “§76-3-202 (2008). On November 27, 2012 the Board granted Petitioner parole, to commence on January 8, 2013.”
Ahmed v. United States (D. Utah 2025). · cites it 2× “” Utah Code Ann. § 76-3-202 (6)(c)(i). Here, Mr.”
— Utah Code § 76-3-202(1) — 1 case
Petersen v. Utah Bd. of Pardons, 907 P.2d 1148 (Utah 1995). “Petersen bases his argument on Utah Code Ann. § 76-3-202 (1) and (3), 3 which, at the relevant time, provided: (1) Every person who is committed to the state prison to serve an indeterminate term and who thereafter is released on parole shall, upon completion of three years on…”
— Utah Code § 76-3-202(1)(b) — 1 case
Hutchings v. Powell (D. Utah 2024). “§76-3-202 (2008). On November 27, 2012 the Board granted Petitioner parole, to commence on January 8, 2013.”
— Utah Code § 76-3-202(1)(b)(2008) — 1 case
Hutchings v. Powell (D. Utah 2024). “§76-3-202 (2008). On November 27, 2012 the Board granted Petitioner parole, to commence on January 8, 2013.”
— Utah Code § 76-3-202(3)(c) — 1 case
N. v. Barnes, 825 P.2d 696 (Utah Ct. App. 1992). “” Utah Code Ann. § 76-3-202 (1) (1990). “Any time spent in confinement awaiting a hearing .”
— Utah Code § 76-3-202(5) — 4 cases
State v. Schreuder, 712 P.2d 264 (Utah 1985). “Section 76-3-202(5) says: “Nothing in this section shall preclude the board of pardons from paroling or discharging an inmate at any time within the discretion of the board of pardons.”
N. v. Barnes, 825 P.2d 696 (Utah Ct. App. 1992). “” Utah Code Ann. § 76-3-202 (1) (1990). “Any time spent in confinement awaiting a hearing .”
State v. Alvillar, 748 P.2d 207 (Utah Ct. App. 1988). “" Utah Code Ann. § 76-3-202 (5) (1987). The Court found the language of this provision adequate to allow the Board to give the defendant credit for his presentence confinement when it determines the length of time he should actually serve pursuant to the sentence imposed on him.”
State v. Villar, 748 P.2d 207 (Utah Ct. App. 1988). “Section 76-3-202(5), governing the imposition of sentences, provides that “[njothing in this section shall preclude the board of pardons from paroling or discharging an inmate at *209 any time within the discretion of the board of pardons_” Utah Code Ann. § 76-3-202 (5) (1987).…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.