Pardons (Board Of), Administration

Rule R671-315

Pardons

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35750
Filed: 01/31/2012 09:54:32 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 77-27-2 establishes that the Board functions to assess offenders for parole eligibility and can issue pardons in accordance with Utah Law; Section 77-27-5 establishes that the Board has authority over offenders under the jurisdiction of the Utah Department of Corrections; Section 77-27-9 establishes criteria for parole proceedings; and Art VII, Sec 12, of the Utah Constitution establishes the separation of the functions of the Governor and the Board. Rule R671-315 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 fulfills the constitutional mandate regarding pardons requests. 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