Pardons (Board Of), Administration

Rule R671-303

Information Received, Maintained or Used by the Board

Notice of Proposed Rule

(Amendment)

DAR File No.: 33371
Filed: 02/10/2010 11:54:07 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes to Rule R671-303 clarify what offenders and their attorneys can submit for consideration at Board hearings and when they can submit it, as well as amending material submission time limits for all involved legal parties, including the Attorney General's Office.

Summary of the rule or change:

This rule amendment alters what and when offenders and/or their legal counsel, as well as opposing counsel, can submit for consideration at Board hearings.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 2

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs to the state as they simply relate to submission requirements.

local governments:

None--The changes do not introduce costs to local government as they simply relate to submission requirements.

small businesses:

None--The changes do not introduce costs to small businesses as they simply relate to submission requirements.

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

None--The changes do not introduce costs to affected persons as they simply relate to submission requirements.

Compliance costs for affected persons:

None--The changes do not introduce compliance costs to affected persons as they simply relate to submission requirements.

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

Enactment of the proposed rule changes will have no fiscal impact on state government, small businesses, local government or any other person.

Curtis Garner, Chairman

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

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

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 jagreen@utah.gov

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:

03/31/2010

This rule may become effective on:

04/07/2010

Authorized by:

Curtis Garner, Chairman

R671. Pardons (Board of), Administration.

R671-303. [Offender Access to ]Information Received, Maintained or Used by the Board.

R671-303-1. [Offender Access to ]Information Received, Maintained or Used by the Board.

(1) Offender Access to Information

Absent a[legitimate] security or safety concern, as determined by the Board, an offender will be provided access to the information being considered by the Board and given an opportunity to respond to such information, whenever the Board fixessets or extends the offender's parole or release date. If the Board determines offender access to information presents a security or safety concern[ is an issue], the offender will be provided a written summary of the material information being considered.

The Board, upon request or upon it's own motion, may continue a hearing to allow submission of additional documentation or information. The Board will consider any relevant facts obtained at the hearing or later submitted by the offender, provided such later submitted information is received within five (5) days following the hearing.

The Board will also provide an offender with a copy of the records contained in the offender's file at least three days prior to any personal appearance hearing in which a parole or [an early-]release date may be fixed or extended by the Board. Any additional information obtained by the Board after this initial disclosure will be provided to the offender at the beginning of the hearing. In such event, the offender will be given an opportunity to review the supplemental information before proceeding. If no additional time is requested by the offender, the hearing will proceed as scheduled.

For administrative routings to fix an original hearing date, the [b]Board will only consider information available to the court at the time of sentencing. This information will not be disclosed to the offender until the time of his/her original hearing, as it has already been disclosed in court.

(2) Submission of Information

Other than concise and brief letters, or statements by the offender, all other materials, briefs or written memoranda or argument submitted by or on behalf of any person, in preparation for a hearing (excluding commutation hearings governed by Rule R671-312), shall be limited to no more than five (5) pages in length.

Submissions by legal counsel for or on behalf of an offender must be received by the Board no later than seven (7) days prior to any scheduled hearing.

The Board reserves the right to strike from the offender's file, and to refuse to accept or consider any material or submissions which are irrelevant, defamatory, or which do not otherwise conform to this rule.

 

KEY: inmates' rights, inmates, parole, records

Date of Enactment or Last Substantive Amendment: [November 22, 2002] 2010

Notice of Continuation: July 25, 2007

Authorizing, and Implemented or Interpreted Law: 63G-2