Blanke v. Board of Pardons (Utah 2020)
Nature of Case: Appellant contended that the requirement imposed by the parole board that he complete a sex offender treatment program violated his Due Process rights in that he was not convicted of a sex offense. The Appellant filed a petition with the trial court alleging that his constitutional rights were violated, and the trial court denied the petition. The Court of Appeals affirmed, and the Utah Supreme Court granted review.
Holding: Utah Supreme Court held that, under state law, the Appellant’s rights were not violated when the parole board required the Appellant to complete sex offender treatment. While the Appellant was not convicted of a sex offense, he was convicted of an offense that required sex offense registration and furthermore he made statements in a presentence report that indicated his offense of conviction was sexually motivated.