Pardons (Board Of), Administration

Rule R671-311

Special Attention Hearings and Reviews

Notice of Proposed Rule

(Amendment)

DAR File No.: 36573
Filed: 07/31/2012 10:25:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes procedures for special attention hearings and reviews. Agency action, and this administrative rule, are authorized and required by Art VII, Sec 12; Subsection 63G-3-201(3); Sections 77-27-5, 77-27-6, 77-27-7, 77-27-10, and 77-27-11. The Board has statutory authority to enact administrative rules, pursuant to Section 77-27-1 et seq., and Subsections 77-27-9(4)(a) and 77-27-10(2)(b).

Summary of the rule or change:

This rule change clarifies procedures for special attention hearings and reviews.

State statutory or constitutional authorization for this rule:

• Section 77-27-1 et seq.
• Subsection 63G-3-201(3)
• Section 77-27-6
• Section 77-27-7
• Subsection 77-27-9(4)(a)
• Subsection 77-27-10(2)(b)
• Section 77-27-11
• Art VII, Sec 12
• Section 77-27-5

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.

R671-311. Special Attention Hearings and Reviews.

R671-311-1. General.

In exceptional circumstances the [b]Board may adjust its prior decisions through a special attention review or hearing. This type of review or hearing may be used to adjust parole conditions, review board decisions, and grant relief when exceptional circumstances exist, or upon board initiative action. This process is initiated by the receipt of a written request explaining the special circumstances for which relief may be warranted. Exceptional circumstances may include, but are not limited to, illness of the offender requiring extensive medical attention, exceptional performance or progress in the institution, exceptional family circumstances, verified opportunity for employment and information that was not previously considered by the Board. The board may request the Department of Corrections to review and make a recommendation on requests not submitted by the Department.

Special Attention requests that are considered to be repetitive, frivolous or lacking in substantial merit may be placed in the offenders file without formal action or response.

 

R671-311-2. Special Attention Hearing.

A Special Attention Hearing [will]may be convened or conducted when, [in the opinion of ]the Board determines, a personal appearance [is in the best interest to resolve]will assist the Board in resolving the issue. Special Attention Hearings are open to the public, are hearings of record and the offender should receive seven[7] days notice of the purpose, place, date and time of the hearing.

 

R671-311-3. Special Attention Review.

A Special Attention Review will be processed administratively based on written reports supplied to the Board without the personal appearance of the offender.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [October 25, 2007]2012

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-3-201(3); 77-27-1 et seq.; 77-27-5; 77-27-6; 77-27-7; 77-27-9(4)(a); 77-27-10(2)(b); 77-27-11