Pardons (Board Of), Administration

Rule R671-402

Special Conditions of Parole

Notice of Proposed Rule

(Amendment)

DAR File No.: 36556
Filed: 07/30/2012 02:28:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule outlines guidelines for adding special conditions of parole. Agency action, and this administrative rule, are authorized and required by Subsection 63G-3-201(3), and Sections 77-27-1 et seq., 77-27-5 through 6, and 77-27-9 through 77-27-11. The Board has statutory authority to enact administrative rules, pursuant to Section 77-27-1 et seq. and Subsection 77-27-9(4)(a).

Summary of the rule or change:

This rule change establishes and clarifies guidelines for adding special conditions of parole.

State statutory or constitutional authorization for this rule:

• Section 77-27-6
• Subsection 63G-3-201(3)
• Section 77-27-10
• Section 77-27-9
• Section 77-27-1 et seq.
• Section 77-27-11
• Section 77-27-5
• Subsection 77-27-9(4)(a)
• Section 77-27-1 et seq.

Anticipated cost or savings to:

the state budget:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to the state budget. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

local governments:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

small businesses:

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

Compliance costs for affected persons:

There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 07/16/2012, at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board.

Clark A. Harms, 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)
AdministrationRoom 300
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 [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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

Clark Harms, Chairman

R671. Pardons (Board of), Administration.

R671-402. Special Conditions of Parole.

R671-402-1. General.

A. The Board may add special conditions to a standard parole agreement. Special conditions are generally intended to help hold an offender accountable or to help rehabilitate an offender.

B. At any time during an offender's incarceration or parole, the Board may amend the parole agreement on its own initiative, at the request of the Department of Corrections, or other interested parties. The offender shall be afforded a personal appearance hearing to discuss the proposed changes, unless the hearing is waived.

[ The Board will order special conditions as part of a parole agreement on an individual basis and only if such conditions can be reasonably related to rehabilitation of the offender, the protection of society, or compensation of the victim. The offender will be given an opportunity to respond to proposed special conditions.

At any time, the Board may review an offender at its own initiative or upon recommendation by the Department of Corrections or others and add any special conditions it deems appropriate. The offender shall be afforded a personal appearance before the Board or a Board Hearing Officer to discuss the proposed condition(s) unless that appearance is waived.

]

KEY: parole

Date of Enactment or Last Substantive Amendment: [February 18, 1998]2012

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201(3); 77-27-5; 77-27-6; 77-27-9; 77-27-10; 77-27-11