Pardons (Board Of), Administration

Rule R671-316

Redetermination

Notice of Proposed Rule

(Amendment)

DAR File No.: 36575
Filed: 07/31/2012 10:41:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes rehearing procedures. Agency action, and this administrative rule, are authorized and required by 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 rehearing procedures.

State statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(3)
• Section 77-27-9
• Subsection 77-27-9(4)(a)
• Section 77-27-5
• 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 jagreen@utah.gov

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.

R671-316. Redetermination.

R671-316-1. Redetermination Review.

A redetermination is a petition filed by an offender in which the offender requests that the Board of Pardons and Parole reconsider an earlier decision, if and when the offender's current release date is more than five years in the future or the decision was for expiration of a life sentence.

A. Applications for redetermination must originate with and be signed by the offender. Preferably the applications will be routed through the offender's case worker. However the offender may route the petition directly to the Board.

1. A petition that is submitted through a caseworker shall include a current progress report and a recommendation with supporting rationale.

2. If the petition is submitted directly from the offender the Board shall request the same information as required in paragraph A. (1). The Department of Corrections shall submit the requested information to the Board within 30 calendar days.

B. Offenders without a natural life decision may apply for a redetermination five years after the Board's decision and in five year intervals thereafter. Offenders with a natural life decision are eligible to petition in ten year intervals.

C. The Board can make a decision with or without a hearing. All decisions are final and non-appealable.

[Offenders are eligible to apply for redetermination at five-year intervals from the last time-related decision. A time-related decision is defined as a personal appearance hearing or redetermination review dealing with release or rehearing dates. Offenders who have been given a decision of natural life in prison will be eligible for redetermination at ten year intervals.

When applying for redetermination, the offender waives personal appearance and accepts that the Board may reduce the time served, request psychological or other assessment, change conditions of release, make no change or increase the time to be served.

Applications for redetermination must originate with and be signed by the offender. Applications may be routed directly to the Board or preferably be submitted through the offender's caseworker. In either event, the Board will request a written progress report to include rationale and recommendation based on the Department of Corrections' assessment. The Department of Corrections should provide these materials to the Board in a timely manner.

]

KEY: parole, inmates

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; 77-27-9