DAR File No. 39606

Pardons (Board Of), Administration

Rule R671-314

Compassionate Release

Notice of Proposed Rule

(New Rule)

DAR File No.: 39606
Filed: 08/20/2015 04:55:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed rule allows the offender, Department of Corrections, or other interested party to request the release of an offender on the grounds of a serious medical condition, mental health issue, or the death of an immediate family member.

Summary of the rule or change:

An offender, the Department of Corrections, or other interested party may request the release of an offender by submitting verification of the exceptional circumstances that justify the release. The rule sets parameters on the conditions the Board will consider.

State statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(3)
• Art. VII, Sec. 12
• Section 77-27-7
• Section 77-27-5
• Section 77-27-9

Anticipated cost or savings to:

the state budget:

Processing requests will increase workload but the Board will absorb the increase with existing resources. Incarceration costs are higher than supervising a parolee in the community so releasing inmates early may create some savings for the Department of Corrections.

local governments:

Local government does not have a role in the compassionate release process and will not be affected.

small businesses:

Small business do not have a role in the compassionate release process and will not be affected.

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

Victims have an interest in any decision affecting the release of an offender. The proposed rule allows victim input in the decision. There is no cost to the victim.

Compliance costs for affected persons:

The Board does not charge the inmate, Department of Corrections, or other parties to submit a compassionate release request. There are no compliance costs for inmates.

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

Compassionate release is a request submitted by an inmate or other person asking for an early release from prison due to medical or mental health issues or the death of a family member. The decision does not involve businesses and there are no compliance costs.

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:

10/15/2015

This rule may become effective on:

10/22/2015

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-314. Compassionate Release.

R671-314-1. Rule.

(1) The Board shall consider a compassionate release when specified exceptional circumstances exist.

(2) A compassionate release request submitted on behalf of an offender does not limit or preclude other requests for special attention or redetermination consideration.

(3) Compassionate release consideration shall be initiated upon the receipt of a written request, as specified herein, explaining the circumstances supporting the release.

(4) The Board shall consider a compassionate release in the following exceptional circumstances:

(a) Upon the request of the Department of Corrections (Department), if an offender's public safety and recidivism risk is significantly reduced due to the effects or symptoms of advancing age, medical infirmity, disease, or disability, or mental health disease or disability;

(b) Upon the request of the Department if an offender suffers from a serious and persistent medical condition which requires extensive medical attention, nursing home care, or palliative care; or

(c) Upon the request of the Department, offender, or other interested person, if an offender's immediate family member dies within 120 days of a previously scheduled release.

(5) If the compassionate release request is submitted pursuant to paragraphs (4)(a) or (b), the request shall include a report from the Department detailing the specific effects, conditions, or symptoms to be considered; the treatments available; and, when possible, the prognosis of such effects, conditions, or symptoms.

(6) For compassionate release requests submitted pursuant to paragraph (4)(c):

(a) Immediate family member is defined as a parent, step-parent, spouse, child, sibling, grandparent, or grandchild;

(b) The request shall be accompanied by a death certificate or other verification acceptable to the Board; and

(c) The Board may request that the Department review the request, provide any institutional or other reports requested by the Board, and make a recommendation regarding the request.

(7) Except as provided in section (8) of this rule, the Board may make a decision regarding a compassionate release with or without a hearing.

(8) Before granting a compassionate release pursuant to this rule, the Board shall hold a hearing if the compassionate release would occur before an offender's original hearing.

(9) Before granting a compassionate release without a hearing pursuant to this rule, the Board shall make a reasonable effort to contact, inform, and consider the input of any victim of record in the case for which the offender is incarcerated, if the victim of record has previously requested notice of hearings pursuant to Utah Code Subsection 77-38-3(8).

 

KEY: parole, inmates

Date of Enactment: 2015

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