DAR File No. 37455

Pardons (Board Of), Administration

Rule R671-315

Pardons

Notice of Proposed Rule

(Amendment)

DAR File No.: 37455
Filed: 03/29/2013 01:36:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to articulate the circumstance under which a person may seek a pardon and the circumstance, procedures, and policies under which the Board may grant or deny those pardon requests.

Summary of the rule or change:

This rule change clarifies Board procedures with regard to pardon applications.

State statutory or constitutional authorization for this rule:

• Section 77-27-1 et seq.
• Section 77-27-9
• 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 state government. 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, 03/04/2013 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:

05/15/2013

This rule may become effective on:

05/22/2013

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 pardon is an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction. A pardon releases an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction. A pardon reinstates any civil rights lost as a consequence of conviction or punishment for a criminal offense.

A. The Board may consider an [petition]application for a pardon from any individual who [was]has been convicted [or sentenced for]of an offense in the state of Utah , after the applicant has exhausted all judicial remedies, including expungement, in an effort to ameliorate the effects of the conviction. The Board generally will accept[s] and consider[s] a pardon [petitions]application only [when]after at least five years has passed since the sentence for the conviction has been terminated or expired[ for at least five years].

1. Any person seeking a pardon from the Board must complete and file, to the Board's satisfaction, an application in a form approved by the Board.

[1]2. [The Board's designee]In addition to the completed application, Board staff 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 concerning the conviction[for the crime(s)] for which the applicant is seeking a pardon;

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

([d]c) the applicant's[all] inmate files;

([e]d) a recent BCI report, NCIC report, and III report concerning the applicant;

(f) the applicant's employment history;

(g) 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 any court or by the Board.

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

3. The Board shall consider the [petition]pardon application 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 be held within [sixty]60 days, or as soon thereafter as practicable, of the Board's decision to grant a pardon hearing.

4. The Board shall publish notice of the pardon hearing on its web site and on the Utah Public Notice web site.

B. Upon scheduling a pardon hearing,[If the Board decides to consider the granting of a pardon, a hearing will be scheduled with appropriate] notice shall be 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.

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 [R]rule for[if] good cause[ exists].

 

KEY: pardons

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2013

Notice of Continuation: January 31, 2012

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