Members of the Utah Board of Pardons and Parole would love to gaze into an inmate's future before releasing him back onto the streets.
"I wish we had a crystal ball, but all we have is good hard-headed common sense and a sensitivity to human nature," said Curtis Garner, board chairman.
The five board members -- two of them new this year and all lawyers with experience in the criminal justice system -- also have each other.
"A real strength is our ability to run thoughts and ideas past each other," Garner said.
Even though they make thousands of life-changing decisions every year, board members work largely in obscurity.
Current fiscal woes, however, have generated new respect for the parole board's role.
"In past years, the board has been a footnote in the discussions of state government," Garner said. "That is less and less so these days.
"The board has come to be seen as a relief valve for population problems at the prison."
In 2001, the board agreed to free more than 200 inmates up to nine months early to reduce overcrowding.
Meanwhile, the board "builds bed-space sensitivity" into each decision by asking, "Who most needs to be in those beds," Garner said.
The question is decided case by case, Garner said. But the trend over the past 10 years has been that violent offenders and sex offenders are doing more time, while drug and low-level property offenders are doing less.
Garner, who has been on the board for 17 years, said he welcomed this year's additions of longtime Salt Lake County prosecutor Angela Micklos and Robert Yeates, a former juvenile court judge, who also worked as a prosecutor.
Vice chairman Clark Harms, another former prosecutor, was appointed to the board three years ago. Jesse Gallegos, who had worked in Corrections, has been on the board for six years.
The board members wield plenty of power, and they know it.
In Utah, judges hand down indefinite, or so-called indeterminate, sentences, such as zero to five years, one to 15 years and five years to life. It is the parole board that decides how long inmates actually spend behind bars.
Garner stressed that inmates are not entitled to a release date. "They have to earn it," he said.
The board has the same information judges do at the time of sentencing, and records and reports of everything an inmate does -- both good and bad -- while at prison.
"Public safety is the first concern, tempered by an equal concern for fairness to the inmate," Garner said. "We could keep the public safety by locking everyone up forever. But that would be wrong."
It would also be impossible since the state prison has only 6,700 beds, including space leased from county jails.
The board conducts about 4,500 in-person hearings a year. That equates to 4,500 inmates telling the board: "I take full responsibility for my actions."
"They all say it," Garner said. "We joke about it."
Garner added: "We get lied to a lot. We know that.
"But you can't become completely jaded. People do change and you need to be open to that possibility."
In fact, Garner said, statistics show that most inmates who come into the system at the age of 20, are out by the age of 40 and don't come back.
Yeates said an inmate's actions often speak louder -- and more honestly -- than his or her words.
"We look at programming," said Yeates, referring to substance-abuse counseling, sex-offender therapy and enrollment in high school and college classes. "What are they doing beyond their words?"
Harms said that one of the beauties of Utah's indeterminate sentencing system is that decisions are made with the passage of time.
"A judge doesn't know how an inmate will behave or how a victim will feel over time," Harms said. "We have that benefit."
Garner noted that the board often sees "a more philosophical victim" than judges do during sentencing hearings.
"They have put in perspective the impact," Garner said. "In some cases, the impact is smaller than they once thought. With sex offenses, it's often much greater.
"A child victim, who is now an adult, and has been through two divorces might say, 'I can't have intimate relations with men because of what happened.'
"That is something she could never know at the time of sentencing."
Harms said the parole board often acts as an equalizer between the state's eight judicial districts, where judges may treat similar cases much differently.
"We try to bring some consistency," Harms said.
On rare occasions, the parole board must decide whether to commute a killer's death sentence. The last time it happened was in 1989. The then three-member board voted 2-1 against sparing William Andrews from lethal injection. Two years earlier, in 1987, the board allowed Andrews' co-defendant, Pierre Dale Selby to be executed. The so-called Hi-Fi killers had been convicted of killing three of five tortured victims in an Ogden stereo shop in 1974.
The weighty question perennially confronting the board is whether to keep someone behind bars for the rest of their life. This year so far, the board has decided to keep 10 inmates in prison for "natural life."
Asked about the difficulty of such a decision, Garner said, "Sometimes the large, dramatic cases are actually the easiest decisions. Sometimes the public safety concerns are so compelling you don't need to spend a lot of time on the case."
Despite their heavy responsibilities, board members said they enjoy their jobs.
Yeates said, "I like grappling with the depths of humanity, making something good out of a negative situation," Yeates said.
Garner called it "the best job in the world."
"I get paid to read, firsthand, stuff that other people pay money to buy crime novels to read about," he said. "It's fascinating. I don't know how anybody cannot be interested in it.
In 2009, the board has decided to keep 10 inmates in prison for "natural life," eight killers and two sex offenders.
Parole board spokesman Jim Hatch said 10 inmates also were given natural life in 2008, four in 2007 and two in 2006.
Those given natural life this year:
» Steven Ray Allen killed his girlfriend's 3-year-old son in Moab in 1986.
» David A. Defoe stabbed and dismembered his mother in Kansas when he was 16, and in 1974 fatally shot 67-year-old Carl J. McIntosh in Ogden and cashed forged checks at the victim's bank. While at the Utah State Prison in 1992, Defoe beat another inmate with a metal pipe.
» Michael Wayne Griffin sexually abused three children in Salt Lake County in 1990. That was after he was paroled for attempted murder and aggravated kidnapping, a case in which he tried to kill a West Valley City woman in 1982 to keep her from testifying against him in a burglary case.
» Alvin Johnson beat a transient, James M. Clark, to death with a shovel handle in 1984 inside a Salt Lake City warehouse, then raped the victim's wife and knocked her unconscious.
» David Noble shot and killed his wife, Nada Lee Noble, in front of the Park City Albertson's store in 1990.
» Stanley A. Smith convicted in 1994 in Ogden of rape of a child, sodomy on a child and aggravated kidnapping.
» Kenneth Edward Taylor, convicted of rape in Salt Lake County in 1981, and convicted of rape a second time for attacking a Bountiful woman in 1989.
-- Elroy Tillman used an ax to bludgeon a sleeping Mark Schoenfeld in 1982, apparently because Schoenfeld was dating Tillman's ex-girlfriend. Tillman was on death row until his death sentence was overturned in 2003 by the Utah Supreme Court, which said discovery of an interview transcript of Tillman's female co-defendant could have undermined her credibility at trial and changed the outcome for Tillman.
» Wesley Allen Tuttle fatally stabbed Sydney Ann Merrick in 1983 after her car overheated in Parleys Canyon.
» Duane Willett shot and killed Dan Okelberry in 1982 and robbed him of about $20,000. Okelberry, the assistant manger of a Provo grocery store, had closed the store and was taking the money to the bank when Willett shot him in the head with a rifle. Willett's son, Harley Willett, served 22 years in prison for his part in the crime and was paroled in 2005.
» Curtis Garner, chairman, appointed to the board in 1992 by Gov. Norm Bangerter.
Garner, who has a law degree from Brigham Young University, has been the board's chairman since May 2007. At the time of his appointment he was serving as special assistant to Bangerter on the state departments of Human Services, Health, Natural Resources and Environmental Quality.
» Jesse Gallegos, appointed in July 2003 by Gov. Mike Leavitt.
Gallegos, who has a law degree from the University of Utah, was deputy director of the Utah Department of Corrections at the time of his appointment to the board.
» Clark Harms, appointed in May 2006 by Gov. Jon Huntsman Jr.
Harms, a graduate of BYU's law school, was a deputy Salt Lake County district attorney and also served as a special assistant to the U.S. Attorney's Office on drug prosecutions.
» Robert Yeates, appointed in March by Gov. Jon Huntsman Jr.
Yeates, who earned a law degree at the U., was a 3rd District Court judge from 1995 to 2006 and also served as executive director of the governor's Commission on Criminal and Juvenile Justice and was director of the Utah Sentencing Commission.
» Angela Micklos, appointed in October by Gov. Gary Herbert.
Micklos, who obtained a law degree at the U., spent the past 11 years at the Salt Lake County District Attorney's Office. She was a prosecutor, as well as supervisor of the Narcotics Enforcement Unit and Special Victim Unit.
In Utah, judges impose indefinite prison terms, such as zero to five years, one to 15, or five years to life. A five-member parole board determines a prisoner's actual length of stay, making about 14,000 decisions each year. The board alone has the power to commute a death sentence.
* Who serves on the board?
Members are appointed by the governor and confirmed by the Utah Senate to serve five-year terms. All five current members have law degrees.
* How does the board make decisions?
Inmates appear before a board member or a hearing officer who will listen to them and ask questions. Victims or their surviving family members can also speak, and members of the public can write letters to the board. Board members review a report of the hearing, information about the crime, and progress reports from prison. A decision is made when at least three members agree.
The board's decisions are final, non-appealable and not subject to judicial review.

