DAR File No. 39421

Pardons (Board Of), Administration

Rule R671-316

Redetermination

Notice of Proposed Rule

(Amendment)

DAR File No.: 39421
Filed: 06/02/2015 02:37:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change clarifies the circumstances when an individual is eligible to apply to have the Board review redetermine a prior decision.

Summary of the rule or change:

When an original hearing date was set in compliance with Rule R671-201, an individual may not ask for the date to be redetermined. Case workers may submit a recommendation in support of the redetermination.

State statutory or constitutional authorization for this rule:

• Section 77-27-7
• Subsection 63G-3-201(3)
• Section 77-27-5
• Section 77-27-9

Anticipated cost or savings to:

the state budget:

No significant change is expected in the number of requests for redeterminations. Therefore, the Board does not anticipate any fiscal impact.

local governments:

Local governments do not have a role in requesting or reviewing redeterminations. The proposed change does not impact local government because the proposed rule affects only the operations of the board. No requirements are placed on local government.

small businesses:

The proposed change does not impact small business because the proposed rule affects only the operations of the board. No requirements are placed on small businesses.

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

Incarcerated individuals who want the Board to reconsider decisions may be limited in the number of requests the individual can submit to the Board.

Compliance costs for affected persons:

There is no fee to submit a redetermination request.

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

The proposed rule does not have any fiscal impact on business because the rule applies to internal Board operations and to incarcerated individuals. There are no compliance costs or actions required of anyone outside of the Board.

Angela Micklos, 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:

07/31/2015

Interested persons may attend a public hearing regarding this rule:

• 07/13/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

08/10/2015

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-316. Redetermination.

R671-316-1. Redetermination Review.

(1) An offender [A redetermination is a petition filed by an offender in which the offender]may [requests that]submit a redetermination request to the Board [of Pardons and Parole]requesting that the Board reconsider [an earlier]a prior decision, if:

(a) the prior decision granted parole, terminated the offender's sentence, ordered the expiration of the offender's sentence or ordered a re-hearing; and

(b) [and when ]the offender's current release or rehearing date is more than five years in the future.[or the decision was for expiration of a life sentence].

(2)[A.] An offender may not seek a redetermination regarding an original hearing scheduled by the Board pursuant to Utah Admin. R. 671-201.

(3)(a) An offender seeking a redetermination of a decision which expired a life sentence is eligible to petition for redetermination not sooner than ten years following the decision, and thereafter in ten year intervals.

(b) All other offenders seeking redetermination of a parole, termination, expiration or rehearing decision are eligible to petition for redetermination not sooner than five years following the decision, and thereafter in five year intervals.

(4) [Applications for]A redetermination request [must]shall originate with and be signed by the offender[ ], shall state with particularity the grounds or reasons supporting the redetermination request, and shall[Preferably the applications will] be routed through the offender's case worker.[However the offender may route the petition directly to the Board.]

[1.](5) A petition [that is ]submitted through a caseworker shall also include a current progress report and, if the caseworker supports the redetermination, 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.](6) The Board [can]may make a decision regarding a redetermination request with or without a hearing. All decisions are final and non-appealable.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [October 4, 2012]2015

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 63G-3-201(3); 77-27-5; 77-27-7; 77-27-9