DAR File No. 39570

Pardons (Board Of), Administration

Rule R671-311

Special Attention Hearings and Decisions Reviews

Notice of Proposed Rule

(Amendment)

DAR File No.: 39570
Filed: 08/11/2015 12:02:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 348 (2015 General Session) enacted Utah Code Section 77-27-5.4 also known as the Earned Time Program. The statute mandates an earlier release date or time cut for offenders who successfully complete case action plan priorities. Although the Board has been granting time cuts, the proposed rule is necessary to codify how the Board will comply with the statute.

Summary of the rule or change:

The proposed rule establishes a reduction of incarceration time (time cut) of at least four months for an individual who successfully completes the highest ranked case action plan priority. An additional four month time cut will be granted for completing a second case action plan program. Individuals with a life without parole sentence or who have been ordered to expire a life sentence by the Board are not eligible. The Board may order the forfeiture of earned time credits for a major disciplinary infraction. There may be circumstances when the previously ordered release date does not allow enough time for the full four or eight month time cut however the Board will approve as much of a time cut as is practical (see Utah Code Subsection 77-27-5.4(3)(a)).

State statutory or constitutional authorization for this rule:

• Section 77-27-5.4
• Subsection 63G-3-201(3)
• Section 77-27-5
• Section 64-13-7.5
• Subsection 77-27-9(4)(a)
• Section 77-27-1 et seq.
• Section 77-27-11
• Section 77-27-7
• Art. VII, Sec. 12
• Section 77-27-6
• Section 64-13-25
• Subsection 77-27-10(2)(b)
• Section 64-13-1

Anticipated cost or savings to:

the state budget:

The proposed rule does not create a cost to the state. The Department of Corrections already provides programming to inmates and submits recommendations to the Board. The Board will use internal resources to conduct the special attention reviews required by the rule. The Legislature anticipated that the Justice Reinvestment Initiative will slow the growth of the prison population. This rule is one piece of the Justice Reinvestment Initiative.

local governments:

Local governments do not participate in the process of submitting or approving time cuts. Programming is provided by the Department of Corrections. The Department will submit information to the Board about which inmates have completed programming and qualify for the time cut.

small businesses:

Small businesses do not have a role in the time cut process. Programming is provided by the Department of Corrections. The Department will submit information to the Board about which inmates have completed programming and qualify for the time cut.

persons other than small businesses, businesses, or local governmental entities:

The rule offers a structured way for an inmate to reduce time spent in prison if the inmate successfully completes programming that reduces recidivism.

Compliance costs for affected persons:

The rule does not impose any costs on the inmate. Programming is provided by the Department of Corrections.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule provides a formal way for inmates to reduce their sentences by completing case action plan priorities. The rule does not impose any requirements on businesses.

Angela Micklos, Chair

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

Pardons (Board Of)
AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530

Direct questions regarding this rule to:

• Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/02/2015

This rule may become effective on:

10/12/2015

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-311. Special Attention Reviews, Hearings and Decisions [ Reviews ].

[ R671-311-1. General.

In exceptional circumstances the Board may adjust its prior decisions through a special attention review or hearing. This type of review or hearing may be used to adjust parole conditions, review board decisions, and grant relief when exceptional circumstances exist, or upon board initiative action. This process is initiated by the receipt of a written request explaining the special circumstances for which relief may be warranted. Exceptional circumstances may include, but are not limited to, illness of the offender requiring extensive medical attention, exceptional performance or progress in the institution, exceptional family circumstances, verified opportunity for employment and information that was not previously considered by the Board. The board may request the Department of Corrections to review and make a recommendation on requests not submitted by the Department.

Special Attention requests that are considered to be repetitive, frivolous or lacking in substantial merit may be placed in the offenders file without formal action or response.

 

R671-311-2. Special Attention Hearing.

A Special Attention Hearing may be convened or conducted when, the Board determines, a personal appearance will assist the Board in resolving the issue. Special Attention Hearings are open to the public, are hearings of record and the offender should receive seven days notice of the purpose, place, date and time of the hearing.

 

R671-311-3. Special Attention Review.

A Special Attention Review will be processed administratively based on written reports supplied to the Board without the personal appearance of the offender.]

R671-311-1. Special Attention Reviews and Decisions.

(1) The Board may use special attention reviews or hearings to adjust parole conditions, review prior board decisions, and modify prior decisions when exceptional circumstances exist.

(2) Special attention reviews shall be initiated by Board staff when necessary to correct clerical or other errors in Board orders, or upon the receipt of a written request explaining the exceptional circumstances for which modification is sought.

(3) Exceptional circumstances which may result in a special attention review and decision may include, but are not limited to:

(a) clerical errors in a prior order;

(b) changes to the special conditions of parole requested by the Department of Corrections (Department);

(c) determination of restitution obligations;

(d) payment of restitution obligations prior to release;

(e) reinstatement of a rescinded release prior to a rescission hearing;

(f) modification of a prior decision due to changes in credit for time served as calculated by the Board;

(g) modification of a prior decision due to changes in applicable guidelines as calculated by the Board;

(h) granting alternative events in lieu of revocation for parole violations;

(i) imposing parole violation sanctions pursuant to a request from the Department and a waiver from the offender;

(j) granting incentives and parole condition changes pursuant to a request from the Department;

(k) exceptional performance or progress in the institution;

(l) case action plan completion or compliance over a significant period of time;

(m) Earned Time adjustments made pursuant to R671-311-3;

(n) exceptional circumstances not previously considered by the Board; or

(o) review of new and significant information not previously considered by the Board.

(4) Unless the request for a special attention review is made by the Department or Board staff, the Board shall request that the Department review the request and make a recommendation.

(5) Special attention requests that are repetitive, frivolous, or lacking in substantial merit shall be summarily denied and placed in the offender's file without formal action or response.

(6) Unless otherwise ordered by the Board, special attention reviews shall be processed administratively based on written or electronic reports supplied to the Board without the personal appearance of the offender.

 

R671-311-2. Special Attention Hearing.

(1) The Board may schedule a special attention hearing if it determines that a personal appearance hearing will assist in making a decision regarding a special attention request.

(2) A special attention hearing shall be scheduled if an alternative parole violation sanction is to be imposed and the offender requests a hearing.

 

R671-311-3. Earned Time Adjustments.

(1) Earned Time adjustments shall reduce the period of incarceration for offenders who have been granted a release from prison and who successfully complete recidivism risk reduction programming or objectives, as defined and specified herein.

(2) Definitions.

(a) "Adjustment" means:

(i) a reduction of an offender's period of incarceration when a release date has been ordered by the Board; and

(ii) has the same meaning as "credit" as used in Utah Code Ann. Section 77-27-5.4.

(b) "Case Action Plan" means the plan, developed by the Department pursuant to Utah Code Ann. Subsection 64-13-1(1), that identifies the program priorities that will reduce the offender's criminal risk factors as determined by a risk and needs assessment.

(c) "Department" refers to the Utah Department of Corrections and any of its divisions, bureaus, or departments.

(d) "Earned time adjustment" has the same meaning as, and comprises the program mandated in, Utah Code Ann. Section 77-27-5.4 and as defined in this Rule.

(e) "Forfeiture" and "Forfeiture of Earned Time Credits" as used in Utah Code Ann. Subsection 77-27-5.4(4) means that a release date granted by the Board following an earned time adjustment is rescinded due to a major disciplinary violation, new criminal conviction, new criminal activity, or other similar action committed by the offender.

(f) "Programming" means a component, objective, requirement, or program identified in an offender's case action plan that:

(i) meets the minimum standards and qualifications for programs established by the Department pursuant to Utah Code Ann. Section 64-13-7.5 or 64-13-25;and

(ii) has been shown by scientific research to reduce recidivism by addressing an offender's criminal risk factors.

(g) "Successful completion" means that an offender has completed a case action plan component, objective, requirement or programming and has earned a completion rating of "successful" as determined by standards set by the Department.

(2) Earned Time Adjustments.

(a) An offender shall earn an adjustment of four months for the successful completion of a program identified by the Department as pertaining to, satisfying, or applying within the highest ranked priority in the offender's case action plan.

(b) An offender shall earn an adjustment of four months for successful completion of one additional program as identified by the Department in the offender's case action plan.

(c) The earned time adjustment shall change the previously ordered release date, resulting in a reduction in the length of incarceration.

(d) If an offender earns a time adjustment prior to a Board decision setting release, the earned time and programming completion shall be considered by the Board when making subsequent release decisions.

(e) The Board, in its discretion, may grant earned time adjustments in excess of four months to recognize additional or extraordinary programming performance or achievement.

(3) Exclusions:

(a) Offenders whose previously ordered release date does not provide enough time for the adjustment may not be granted a full earned time adjustment, but shall receive a partial adjustment if the previously ordered release date allows for the same.

(b) Earned time adjustments may not be used to change an offender's original hearing as scheduled by the Board.

(c) Offenders who have been sentenced to life without parole are ineligible for earned time adjustments.

(d) Offenders who have been ordered by the Board to serve a life sentence to expiration are ineligible for earned time adjustments.

(e) Earned time adjustments may not be granted for a second or subsequent completion of the same classes, programs, or case action plan priorities during the same term of incarceration without an intervening release.

(4) The Department shall notify the Board, within 30 days, of an offender's successful completion of a case action plan program that is eligibile for an earned time adjustment.

 

KEY: inmates, parole, sentences, time cut

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2015

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 63G-3-201(3); 64-13-1; 64-13-7.5; 64-13-25; 77-27-1 et seq.; 77-27-5.4 ; 77-27-7; 77-27-5; 77-27-6; 77-27-9(4)(a); 77-27-10(2)(b); 77-27-11