DAR File No. 37465
This rule was published in the April 15, 2013, issue (Vol. 2013, No. 8) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-520
Treatment of Confidential Testimony
Notice of Proposed Rule
(Amendment)
DAR File No.: 37465
Filed: 03/29/2013 05:03:39 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this rule is to detail procedures and policies with regard to how confidential testimony is treated in parole hearings.
Summary of the rule or change:
This rule change clarifies procedure and policy regarding the treatment of confidential testimony in hearings.
State statutory or constitutional authorization for this rule:
- Section 77-27-11
- Section 77-27-5
- 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 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
RULE TEXT
R671. Pardons (Board of), Administration.
R671-520. Treatment of Confidential Testimony.
R671-520-1. Treatment of Confidential Testimony.
1. Confidential testimony shall be admitted at an
evidentiary hearing on an alleged parole violation.[ under the following three-part procedure:]
[1]2. The State shall make a specific, written preliminary
showing of good cause for the testimony to be received in
camera.
[2]3. Upon a finding of [just]good cause for confidentiality, the Board shall conduct an
in[ ]
-camera inspection of the witness, the proffered testimony,
and any supporting testimony to determine:
a. the credibility and veracity of the witness;
b. the overall reliability of the testimony itself; and
c. whether keeping the information confidential will substantially impair the parolee's due process rights to notice of the evidence or to confront and cross-examine adverse witnesses.
4. If the Board is satisfied with the[se] three aspects in Subsection (3), it shall receive the testimony and give
it whatever weight it considers appropriate. An electronic record
shall be made of this in[ ]
-camera proceeding.
[3]5. A summary of the testimony taken in[ ]
-camera shall be prepared for disclosure to the parolee,
informing the parolee of the general nature of the testimony
received in[]
-camera but without defeating the good cause found by the
Board for treating the information confidentially. This summary
shall be presented on the record at the public evidentiary hearing
and the parolee shall be given an opportunity to respond.
KEY: parole, confidential testimony, hearings
Date of Enactment or Last Substantive Amendment: [October 10, 2007]2013
Notice of Continuation: February 15, 2013
Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130415.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact 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.