Pardons (Board Of), Administration

Rule R671-203

Victim Input and Notification

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35738
Filed: 01/31/2012 09:19:41 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 77-27-9.5 establishes that victims may attend hearings; Section 77-27-13 establishes that relevant victim impact information must be taken into account; and Section 64-13-20 establishes that the pre-sentence investigation reports shall include a victim impact statement in all felony cases and in misdemeanor cases if the defendant caused bodily harm or death to the victim. Rule R671-203 is enacted under these 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 follows statute and due process, and provides victims with notice of hearings. 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 jagreen@utah.gov

Authorized by:

Clark Harms, Chairman

Effective:

01/31/2012