Pardons (Board Of), Administration

Rule R671-402

Special Conditions of Parole

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35752
Filed: 01/31/2012 09:58:10 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 77-27-5 establishes that in any case filed in state or federal court in which a prisoner submits a claim that the court finds to be without merit and brought or asserted in bad faith, the Board of Pardons and Parole and any county jail administrator may consider that finding in any early release decisions concerning the prisoner; Section 77-27-6 establishes that payment of restitution can be a condition of parole in applicable cases; Section 77-27-10 establishes criteria for the conditions of parole; and Section 77-27-11 establishes the criteria for the revocation of parole. Rule R671-402 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 allows for modification of offender special conditions of parole. 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