Pardons (Board Of), Administration

Rule R671-315

Pardons

Notice of Proposed Rule

(Amendment)

DAR File No.: 36574
Filed: 07/31/2012 10:33:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes pardon procedures. Agency action, and this administrative rule, are authorized and required by Art VII, Sec 12; Subsection 63G-3-201(3), and Sections 77-27-5 and 77-27-9. 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 pardon procedures.

State statutory or constitutional authorization for this rule:

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

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.

R671-315. Pardons.

R671-315-1. Pardons.

A pardon is a discretionary act of executive clemency granted by the Board of Pardons and Parole, which forgives the wrongdoer and absolves the wrongdoer of all direct and/or collateral legal consequences of the crime(s) of conviction.

A. The Board may consider a petition for a pardon from [an]any individual who was convicted or sentenced for an offense in the state of Utah. [whose sentence(s) were under the board's jurisdiction and]The Board generally accepts and considers pardon petitions only when the sentence [have]has been terminated or expired for at least five years.

1. The [b]Board's designee shall obtain and provide relevant information that shall include but not be limited to[,]:

(a) a completed application on a form approved by the Board;

(b) all police reports for the crime(s) for which the applicant is seeking a pardon;

(c) all pre- or post- sentence reports prepared in connection with any sentence served in jail or prison, and for any crime(s) for which the applicant is seeking a pardon;

(d) all inmate files[,];

(e) a recent BCI report[,];

(f) the applicant's employment history[,];

(g) [restitution report if applicable ]verification that all imposed restitution, fines, fees or surcharges have been paid in full[,]; and

(h) verification that the applicant completed therapy programs ordered by the [b]Board.

2. The [b]Board's designee shall summarize this information and upon review the [b]Board may request additional information. The [b]Board designee shall provide this information to the [b]Board within sixty[60] days from the date the completed petition and all required information and documentation was received.

3. The Board shall consider the petition and all available information relevant to it and vote to grant or deny a hearing.

(a) If a pardon hearing is granted the hearing should[shall] be held within sixty[60] days , or as soon thereafter as practicable, of the [b]Board's decision to grant a pardon[hold the] hearing.

4. [The Board may publish the petition in the legal notices section of a newspaper of general circulation and invite comment from the public.]The Board shall publish notice of the pardon hearing on its web site and on the Utah Public Notice website.

[B. When the petition involves cases that were not under the board's jurisdiction, the applicant shall provide all relevant information including, but not limited to, a current BCI, police report(s) of the crime(s) for which the applicant is seeking a pardon, court order(s) for said crime(s) and if applicable verification that all restitution has been paid in full. The Board's designee shall review and summarize the applicant's submission of information. Upon review of this information, the board may request additional information from the applicant or in the alternative it may direct its designee to verify and gather additional information. The Board shall consider the petition and all available information relevant to it and vote to grant or deny a hearing. If a pardon hearing is granted the hearing shall be held within 60 days of the board's decision to hold the hearing.

][C]B. [The Board may deny a pardon by majority vote without a hearing.] If the Board decides to consider the granting of a pardon, a hearing will be scheduled with appropriate notice given to victim(s) of record if they can be located, the chief law enforcement officer of the arresting agency, the presiding judge where the conviction was entered, and the County, District or City Attorney where the case was prosecuted.[ Notice may also be posted in a public place in the jurisdiction where the conviction occurred].

C. The Board may grant a conditional pardon or an unconditional pardon. The petitioner will be notified in writing of the results as soon as practicable.

D. The Board may grant or deny a pardon by majority vote. Pardon decisions are final and are not subject to judicial review.

E. The Board may dispense with any requirement created by this [policy]Rule if good cause exists.

 

KEY: pardons

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

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: Art VII Sec 12; 77-27-1 et seq.;[77-27-2; ]77-27-5; 77-27-9