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Utah House approves bill making parole search consent a formal condition of release

Utah House of Representatives · February 6, 2008
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Summary

The House passed Senate Bill 10 to require parolees to sign an agreement consenting to searches as a condition of parole; sponsor said the measure codifies existing practice and mirrors court precedent and reporting requirements to parole officers.

The Utah House of Representatives on Feb. 6 approved Senate Bill 10, which makes signing an agreement consenting to searches a condition of parole.

Representative Oda, the House sponsor, told colleagues the bill “simply makes it a condition of parole for an inmate, to sign an agreement that says that he may be subject to search under any circumstances for any reason at any time,” and said searches of residences would still require either parole‑officer permission or a search warrant.

Why it matters: supporters said the change aligns statute with judicial precedent and formalizes routine supervision practices. Representative Fauch urged colleagues to back the bill, calling it a response to a relevant court decision and saying it “just guarantees that it will be upheld.”

Questions from members focused on constitutional risk and whether the practice faced current legal challenges. In response to a request for legal counsel, an assistant from the attorney general’s office said there was no known pending challenge and that the U.S. Supreme Court has addressed similar issues, according to the exchange on the floor.

The House voted by roll call; the speaker announced the measure passed with no recorded no votes. The bill will be signed by the speaker and returned to the Senate for the president’s signature.

What’s next: the measure is transmitted to the Senate for final signature and, if signed, will govern parole agreement language moving forward.