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Senate advances bill requiring timely victim notice for parole hearings after debate and amendment

Utah State Senate · February 27, 1998
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Summary

The Utah Senate advanced Senate Bill 2-22 after adopting an amendment that removes a 30-day fixed notice requirement and instead requires 'timely' notice to victims and families and clarifies continuances when victims cannot attend parole hearings; the bill passed second reading 27–1 and moves to third reading.

Senate Bill 2-22, a measure sponsored on the floor by Senator Howell to strengthen victims’ participation in Board of Pardons and Parole hearings, cleared the Senate’s second-reading calendar on Feb. 27 after an amendment and floor debate.

The bill requires the board to send notice of upcoming parole hearings to victims or victims’ families in a timely fashion so their perspectives can be considered during parole decisions. Senator Howell said the measure also lets victims notify the board if they cannot attend; in such cases the board may grant a continuance until the victim can testify. Howell told the Senate the bill was proposed by Janetta Williams, who he identified as director and regional director of the NAACP of the state of Utah, and said the board of pardons had reviewed the proposal.

Floor debate centered on the bill’s notice language and the potential consequences of repeated victim participation. Senator Hillier asked whether the bill could perpetuate trauma for victims who repeatedly return to testify; Howell replied the bill does not force victims to participate and instead ensures they are given timely notice and the option to participate or opt out. Senator Muellstein questioned whether a provision could be read to bar victims from attending certain hearings when an offender is absent; senators agreed to have legal counsel clarify that statutory language after the vote.

Senators adopted an amendment that deletes the bill’s explicit 30-day notice window and replaces it with a requirement that notice be sent “in a timely” manner; sponsors said the change reflected current practice and was intended to avoid an unworkable fixed deadline. The bill as amended passed the Senate on a roll call of 27 ayes, 1 nay and 1 absent and was returned to the third-reading calendar.

The Senate record shows the amendment’s intent was to preserve victims’ opportunity to participate while allowing operational flexibility; several senators said they would consult legal counsel about the precise wording before final enrollment. The next procedural step is third reading in the Senate and, if passed, final transmittal back to the House for enrollment.

Quotes from the floor capture the tenor of the debate. Senator Howell said the bill’s aim is to “ensure that the victims’ points of view are adequately considered” in parole decisions. Senator Hillier warned of the danger that repeated hearings could “become the whole focus of their life,” and asked whether the bill should provide mechanisms to prevent perpetual re-litigation by victims.

The Senate did not adopt additional text on limits to repeated testimony on the floor; senators asked for legal staff follow-up to ensure the statutory language matches the sponsors’ intent. The record shows the Board of Pardons reviewed the bill and that sponsors sought to balance victims’ rights with practical and legal constraints.

Action: SB 2-22 (board of pardons and parole hearing requirements) — amendment adopted; second-reading roll-call vote 27–1–1; passed to third reading.

What’s next: The measure will return for third reading in the Senate; senators asked legal counsel to confirm the statutory language describing when victims may attend or be granted continuances before final enrollment.