DAR File No. 38314
This rule was published in the March 15, 2014, issue (Vol. 2014, No. 6) of the Utah State Bulletin.
Pardons (Board Of), Administration
Schedule and Notice
Notice of 120-Day (Emergency) Rule
DAR File No.: 38314
Filed: 02/26/2014 09:52:19 AM
Purpose of the rule or reason for the change:
According to Section 77-27-7, when an offender is committed to the custody of the Department of Corrections, the Board of Pardons and Parole conducts a hearing to establish a release date. The schedule of hearings is determined by Rule R671-201. The previous rule defined homicide and sexual offense charges for purposes of scheduling a hearing. However, the definition did not include attempt, solicitation or conspiracy to commit a homicide or sexual offense.
Summary of the rule or change:
Attempt, solicitation, or conspiracy to commit a homicide or sexual offense will be scheduled the same as a homicide or sexual offense.
Emergency rule reason and justification:
Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.
Justification: Attempted homicide or sexual offenses are a serious concern for public safety and must be included in the definition of hearing schedules.
State statutory or constitutional authorization for this rule:
- Section 77-27-7
Anticipated cost or savings to:
the state budget:
The rule change does not alter the number of hearings conducted, only the scheduling of the hearings.
The new rule only changes internal Board operations and does not affect any local government entity.
The rule changes the scheduling of parole hearings and does not affect small businesses.
persons other than small businesses, businesses, or local governmental entities:
The rule changes the scheduling of parole hearings and does not fiscally impact other persons.
Compliance costs for affected persons:
There is no cost to the offender. The rule only changes the scheduling of the hearing.
Comments by the department head on the fiscal impact the rule may have on businesses:
The new language only affects internal Board procedures, and has no affect on businesses, other state agencies, nor any city, town, county or other municipal entity.
Clark Harms, Chair
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Pardons (Board Of)
448 E 6400 S
SALT LAKE CITY, UT 84107-8530
Direct questions regarding this rule to:
- Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at email@example.com
This rule is effective on:
Clark Harms, Chairman
R671. Pardons (Board of), Administration.
R671-201. Original Parole Grant Hearing Schedule and Notice.
R671-201-1. Schedule and Notice.
Within six months of an offender's commitment to
prison the Board [
will] give notice of the month and year in which the
inmate's original hearing will be conducted. A minimum of [ one week (]7 [ calendar]days[ )] prior notice should be given regarding the
specific day and approximate time of such hearing.
felonies, where a life has been taken, will] be routed to the Board as soon as practicable for the determination of the month and year for [ their] original hearing[ date]. [ T]he Board [ will] only consider information available to the court at the time of sentencing.
All] first degree felon[ ies,] [ where death is not involved, and where] the most severe sentence imposed and being served is a
sentence [ of]greater than [ fifteen (]15[ )] years to life, excluding enhancements[ , will be eligible for a hearing after the service of fifteen years].
All] first degree felon[ ies,] [ where death is not involved, and where] the most severe sentence imposed and being served is a sentence of [ ten(]10[ )] years to life, or [ fifteen (]15[ )] years to life, excluding enhancements[ , will be eligible for a hearing after the service of seven years].
A]ll other first degree felon[ ies,]
[ where death is not involved, will be eligible for a hearing
after the service of three years].
A]ll second degree felon[ ies, where death is not involved, will be eligible for a hearing after the service of six months unless the second degree is a sex offense and in those cases will be eligible for a hearing after the service of eighteen months].
A]ll third degree felon[ ies, where a death is not involved,] and [ all]class A misdemeanor[ s, will be eligible for a hearing after the service of
three months unless the third degree felony is a sex offense and in
those cases will be eligible for a hearing after the service of
Excluded from the above provisions are inmates who are
sentenced to death or life without parole.
[ petition the Board to calendar him/her at a time other than
the usual times designated above or the Board may do so on its own
[ A petition by the inmate] shall [ set out the special] reasons which
give rise to the request. The Board
[ will notify the petitioner of its decision in writing as
soon as possible.]
KEY: parole, inmates
Date of Enactment or Last Substantive Amendment: March 1, 2014
Notice of Continuation: January 26, 2012
Authorizing, and Implemented or Interpreted Law: 77-27-7
More information about a Notice of 120-Day (Emergency) Rule is available online.
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/2014/b20140315.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.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.