DAR File No. 39796

Pardons (Board Of), Administration

Rule R671-104

Language Access

Notice of Proposed Rule

(New Rule)

DAR File No.: 39796
Filed: 09/30/2015 04:59:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Some individuals under the jurisdiction of the board have limited English proficiency. In order to effectively participate in parole proceedings and achieve justice, an interpreter is required. This new rule allows the board to provide interpreters and sets forth the requirements for offenders, the board and the interpreter.

Summary of the rule or change:

The board will provide interpreters for inmates, parolees and victims who have limited English proficiency. The individual must submit a request in a timely manner. The interpreter must meet certification requirements and comply with a standard of conduct.

State statutory or constitutional authorization for this rule:

• Section 77-27-2

Anticipated cost or savings to:

the state budget:

Providing interpreters will be a cost to the agency. The board researched the number of current inmates likely to need an interpreter and can absorb the cost. However changes in population may require more interpreters.

local governments:

Local government does not participate in the parole process. Local governments will not be affected.

small businesses:

Small business does not participate in the parole process other than whichever business has the contract for interpreters may see an increase in requests from the board. Small business in general will not be affected.

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

Offenders and victims who need an interpreter will benefit greatly from the board providing a certified interpreter. This rule does not negatively impact any individual.

Compliance costs for affected persons:

The board bears the cost of the interpreter. There are no compliance costs to the individual.

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

Business does not participate in the parole process other than whichever business has the contract for interpreters may see an increase in requests from the board. Business in general will not be affected.

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:

11/16/2015

Interested persons may attend a public hearing regarding this rule:

• 10/26/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

11/26/2015

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-104. Language Access.

R671-104-1. Language Access.

(1) The Board shall provide interpreters at Board hearings for non-English speaking or limited English proficiency offenders or victims.

(2) The Department of Corrections shall indicate the need for an interpreter on the offender's profile in the computer system.

(3) A non-English speaking or limited English proficiency offender or victim may request an interpreter for a hearing.

(a) Requests should be made at least 30 days before the hearing.

(b) Offender requests should be submitted with the hearing information form.

(4) A hearing official may request an interpreter and continue the hearing if the hearing official has reservations about the offender's ability to communicate in English.

(5) A hearing shall be continued if an interpreter is necessary, but not available.

(6) If an offender has concerns about the effectiveness or conduct of the interpreter, the offender may appeal in writing to the Board Chair within 10 days of the Board's decision.

(7) Individuals providing interpretation services for Board hearings shall:

(a) be certified or approved as an interpreter in the subject language by the Utah State Courts, Federal Courts or equivalent certification;

(b) be in good standing with the training and ethical standards of the certifying body;

(c) render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written;

(d) be impartial and unbiased and refrain from conduct that may give an appearance of bias;

(e) disclose any real or perceived conflict of interest;

(f) protect the confidentiality of all privileged and other confidential information;

(g) abstain from giving legal advice or personal opinions to individuals for whom they are interpreting;

(h) report to the hearing official any difficulties with translation, or any reservations about being able to provide effective interpretation; and

(i) comply with all security requirements of the Department of Corrections.

 

KEY: interpreters, languages, parole

Date of Enactment or Last Substantive Amendment: 2015

Authorized, implemented, or interpreted law: 77-27-7