DAR File No. 40316
This rule was published in the May 1, 2016, issue (Vol. 2016, No. 9) of the Utah State Bulletin.
Pardons (Board Of), Administration
Notice of Proposed Rule
DAR File No.: 40316
Filed: 04/14/2016 05:36:44 PM
Purpose of the rule or reason for the change:
The rule change is to clarify the applicant for a pardon must appear personally at the pardon hearing. The change also sets requirements for the Board to disclose information to the applicant and notify victims and prosecutors.
Summary of the rule or change:
Pardon hearings may be conducted by the full Board, a panel of Board members, or a single Board member. Applicants for a pardon must sign the application and appear personally at the pardon hearing. The Board will not consider pardons for infractions. The onus to provide verification of therapy completion and payment of fines and restitution is on the applicant. The Board will disclose information it receives to the pardon applicant. The Board is required to notify victims, the court, and the prosecutor. Family, supporters, investigators, prosecutors, or court officers may testify at the pardon hearing. Members of the public may submit written comments. If a pardon is granted, the Board provides a list of agencies that may have records on the pardoned individual that should be expunged.
State statutory or constitutional authorization for this rule:
- Subsection 77-27-1(14)
- Article VII, Section 12
- Section 77-27-5.1
- Section 77-27-5
- Section 77-27-9
Anticipated cost or savings to:
the state budget:
The changes affect the processing of pardon applications. Any increase in workload can be absorbed with existing resources without additional costs.
The proposed changes affect the processing of pardon applications and the hearing. The proposed change allows local governments (investigators and prosecutors) to testify at a pardon hearing; however, there is no requirement for local governments to participate.
Small businesses do not participate in the pardon process. The changes do not impose any requirements on small businesses.
persons other than small businesses, businesses, or local governmental entities:
The proposed changes require the pardon applicant to personally appear at the pardon hearing and clarify the requirement for the applicant to provide certain verifications.
Compliance costs for affected persons:
The Board does not charge any fees for a pardon application or the granting of a pardon.
Comments by the department head on the fiscal impact the rule may have on businesses:
Businesses do not apply for pardons or have any requirement to participate in a hearing except businesses may be victims, and, as such, they have the option to submit comments or speak at a pardon hearing.
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)
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 firstname.lastname@example.org
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:
Interested persons may attend a public hearing regarding this rule:
- 06/01/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT
This rule may become effective on:
Angela Micklos, Chair
R671. Pardons (Board of), Administration.
A pardon is an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction. A pardon releases an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction. A pardon reinstates any civil rights lost as a consequence of conviction or punishment for a criminal offense.
The Board may consider an application for a pardon from
any individual who has been convicted of an offense in the state of
Utah, after the applicant has exhausted all judicial remedies,
including expungement, in an effort to ameliorate the effects of
generally] will accept and consider a pardon
application only after at least five years has passed since the
sentence for the conviction
has[ been] terminated or expired.
A[ ny] person seeking a pardon from the Board must
complete and file, to the Board's satisfaction, an application
in a form approved by the Board.
2]. In addition to the completed application, Board staff
shall obtain and provide relevant information [ that shall include] but not be limited to:
(a) all police reports concerning the conviction for which the applicant is seeking a pardon;
(b) all pre- or post- sentence reports prepared in connection with any sentence served in jail or prison, and for any conviction for which the applicant is seeking a pardon;
(c) the applicant's inmate files;
(d) a recent BCI report, NCIC report, and III report concerning the applicant;
(f) the applicant's employment history;]
that all imposed restitution, fines, fees, or surcharges have
been paid in full; and
that the applicant completed therapy programs ordered by any
court or by the Board.
Board staff shall summarize [ this ] information
the application and additional information to the Board[ within 60 days from the date the completed application and
all required information and documentation was
The Board may request additional information from staff or from the applicant.
3. ][ The Board shall consider] the pardon application
and all available
information [ relevant to it][ and] vote to grant or deny a
(a) If a pardon hearing is granted the hearing should be
held within 60 days, or as soon thereafter as practicable, of the
Board's decision to grant a pardon hearing.]
4. The Board shall publish notice of the pardon hearing on
its web site and on the Utah Public Notice web site.]
[ Upon scheduling a] pardon hearing[ ,]
] of record
can be located[ ,]
chief law enforcement officer of the
agency[ , the
presiding judge where the conviction was
and the County, District, or City Attorney
where the case was prosecuted
C]. The Board may grant a conditional pardon or an
unconditional pardon. The petitioner will be notified in writing of
the results as soon as practicable.
D]. The Board may grant or deny a pardon by majority vote.
Pardon decisions are final and are not subject to judicial
. The Board may dispense with any requirement
created by this rule for good cause.
Date of Enactment or Last Substantive Amendment: [
May 22, 2013]
Notice of Continuation: January 31, 2012
Authorizing, and Implemented or Interpreted Law:
; Art VII Sec 12
More information about a Notice of Proposed 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/2016/b20160501.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.
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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 email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.