DAR File No. 39093

Pardons (Board Of), Administration

Rule R671-201

Original Parole Grant Hearing Schedule and Notice

Notice of Proposed Rule

(Amendment)

DAR File No.: 39093
Filed: 01/28/2015 10:02:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In limited circumstances, Utah law allows a person less than 18 years of age to be committed to prison. When a juvenile is committed to a prison system designed for adults careful consideration must be given to achieving community safety, accountability, and competency development. This rule change requires the Board to make a deliberate decision about setting the original hearing.

Summary of the rule or change:

In most cases, the timing of an original hearing is based on rule. This proposed change would require the Board to review the case and make an individualized decision if an individual less than 18 years of age is committed to prison.

State statutory or constitutional authorization for this rule:

• Section 77-27-7

Anticipated cost or savings to:

the state budget:

Making individualized decisions for this population requires more staff and Board member time however only a few individuals less than 18 years of age are committed to prison. The Board will absorb any increase.

local governments:

Local governments are not involved in the original hearing process and do not have jurisdiction over individuals committed to prison.

small businesses:

The change is in how the Board sets original hearing dates. Small businesses are not involved in the parole hearing process and will not be impacted.

persons other than small businesses, businesses, or local governmental entities:

The proposed change is only in the way a hearing date is set. It does not affect other persons or organizations.

Compliance costs for affected persons:

Original hearing dates are set for all individuals committed to prison and eligible for parole. The change is only in the way the Board sets the hearing date and does not impose any compliance cost on the individual.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Board of Pardons does not foresee any fiscal impact as a result of the proposed rule change.

Angela Micklos, Board 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)
AdministrationRoom 300
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 gregjohnson@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:

03/17/2015

Interested persons may attend a public hearing regarding this rule:

• 03/09/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

03/24/2015

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-201. Original Parole Grant Hearing Schedule and Notice.

R671-201-1. Schedule and Notice.

(1) Within six months of an offender's commitment to prison the Board shall give notice of the month and year in which the inmate's original hearing will be conducted. A minimum of [7]seven days prior notice should be given regarding the specific day and approximate time of such hearing.

(2)(a) Homicide offense commitment, for purposes of this rule, means a prison commitment to serve a sentence for a conviction of aggravated murder (if the sentence includes the possibility of parole), murder, felony murder, manslaughter, child abuse homicide, negligent homicide, automobile homicide, homicide by assault, or any attempt, conspiracy or solicitation to commit any of these offenses.

(b) Sexual offense commitment, for purposes of this rule, means a prison commitment to serve a sentence for a conviction of any crime for which an offender is defined as a kidnap offender pursuant to Utah Code Ann. Subsection 77-41-102(9); or for which an offender is defined as a sex offender pursuant to Utah Code Ann. Subsection 77-41-102(16); or any attempt, conspiracy or solicitation to commit any of the offenses listed in those sections.

(3)(a) All homicide offense commitments eligible for parole shall be routed to the Board as soon as practicable for the determination of the month and year for an original hearing. In setting an original hearing for a homicide offense commitment, the Board shall only consider information available to the court or offender at the time of sentencing.

(b) Homicide offense commitments not eligible for parole (including sentences of life without parole or death) shall not be scheduled for original hearings.

(4) If the offender is less than 18 years of age at the time of commitment and the offense is eligible for parole, the case shall be routed to the Board as soon as practicable for the determination of the month and year for an original hearing.

[(4)](5) When an offender's prison commitment does not include a homicide offense commitment, an offender is eligible to have an original hearing before the Board as follows:

(a) After the service of fifteen years for first degree felony commitments when the most severe sentence imposed and being served is a sentence greater than 15 years to life, excluding enhancements.

(b) After the service of seven years for first degree felony commitments when the most severe sentence imposed and being served is a sentence of 10 years to life, or 15 years to life, excluding enhancements.

(c) After the service of three years for all other first degree felony commitments.

(d) After the service of eighteen months if the most serious offense of incarceration is a second degree felony sexual offense commitment.

(e) After the service of six months for all other second degree felony commitments.

(f) After the service of twelve months if the most serious offense of incarceration is a third degree felony sexual offense commitment.

(g) After the service of three months for all other third degree felony and class A misdemeanor commitments.

[(5)](6)(a) An offender may request that their original appearance and hearing before the Board be scheduled other than as provided by this rule. An offender's request shall specify the extraordinary circumstances or reasons which give rise to the request. The Board may grant or deny the offender's request in its sole discretion.

(b) The Board may, in its discretion, depart from the schedule as provided by this rule based upon an offender's request due to extraordinary circumstances, when an offender has unadjudicated criminal charges pending at the time a hearing would normally be scheduled, or upon its own motion.

 

KEY: parole, inmates, hearings

Date of Enactment or Last Substantive Amendment: [May 8, 2014]2015

Notice of Continuation: September 22, 2014

Authorizing, Implemented, or Interpreted Law: 77-27-7