Pardons (Board Of), Administration

Rule R671-301

Personal Appearance

Notice of Proposed Rule

(Amendment)

DAR File No.: 36568
Filed: 07/31/2012 09:40:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes procedures for personal appearance at offender hearings. Agency action, and this administrative rule, are authorized and required by Subsections 63G-3-201(3) and 77-27-7(2). 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 clarifies procedures for personal appearance at offender hearings.

State statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(3)
• Section 77-27-1 et seq.
• Subsection 77-27-9(4)(a)
• Subsection 77-27-7(2)

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.

R671-301. Personal Appearance.

R671-301-1. Personal Appearance.

A. By statute, the Board or its designee is required to convene at least one public hearing for all offenders except those serving life without parole or a death sentence. In rehearings, the offender is afforded all the rights and considerations afforded in the initial hearing except as provided by other Board rules because the setting of a parole date is still at issue.

B. An offender has the right to be present at a parole grant, rehearing, or parole violation hearing if in the state (UCA 77-27-7). The offender may speak, present documents, ask, and answer questions. In the event an offender waives this right to appear, or refuses to personally attend the hearing, the Board may proceed with the hearing and issue[issuance of] a decision.

C. If an offender is housed out of state, the Board may [elect one of the following procedures]proceed as follows:

1. The offender may waive the right to be present, and the Board may then conduct the hearing in absentia.

2. The Board may [R]request the [Warden]Department of Corrections to return the offender to the state for the hearing.

3. The Board may seek that [A]a courtesy hearing [may] be conducted by the appropriate paroling authority of the custodial state. A request along with a complete copy of Utah's record shall be forwarded for the hearing. All reports, a record of the hearing, and a recommendation shall be returned to the Utah Board for final action.

4. An individual Board member or designee may travel to the custodial facility and conduct the hearing, record the proceeding, and make a recommendation for the Board's final decision.

5. A hearing may be conducted by [way of]videoconference or conference telephone call.

 

KEY: inmates, parole

Date of Enactment or Last Substantive Amendment: [November 21, 2002]2012

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201((3);[77-27-2;] 77-27-7(2); 77-27-9(4)(a)[; 77-27-29]