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Neese v. Utah Bd. of Pardons & Parole, 2017 UT 89 (Dec. 14, 2017).

Dec 8, 2017

The defendant filed a petition for extraordinary relief arguing that the parole board violated his due process rights by classifying him as a sex offender and requiring that he complete sex offender treatment as a condition of his parole. The supreme court held that before it can take the refusal of an inmate to participate in sex offender treatment into consideration in deciding whether to grant parole, the parole board must provide timely written notice of the allegations, the opportunity to call witnesses, and a written decision explaining the basis for the determination.