Pardons (Board Of), Administration

Rule R671-205

Credit for Time Served

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35739
Filed: 01/31/2012 09:22:31 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 77-27-7 establishes that the Board may determine rehearing and release dates; Section 77-27-9 establishes eligibility timelines for parole proceedings; and Section77-19-7 establishes that the judge of a court where a judgment of death was had shall, immediately after the conviction, transmit to the chair of the Board of Pardons and Parole a statement of the conviction and judgment and a summary of the evidence given at trial. Rule R671-205 is enacted under those provisions.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides situations when offenders receive credit for time served. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at [email protected]

Authorized by:

Clark Harms, Chairman

Effective:

01/31/2012