DAR File No. 40618

Pardons (Board Of), Administration

Rule R671-204

Hearing Continuances

Notice of Proposed Rule

(Amendment)

DAR File No.: 40618
Filed: 07/18/2016 10:01:53 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

An inmate or attorney may want to cancel and continue a hearing. However, canceling a hearing with less than 72 hours notice does not allow the Board time to notify victims or other agencies and creates issues with inmates being transported to a hearing that has been cancelled. In addition, the Board cannot make good use of time by scheduling another hearing in the cancelled slot.

Summary of the rule or change:

Inmates or attorneys wanting to continue a hearing must submit a written waiver and stipulation a minimum of three days before the hearing.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The proposed change does not directly increase or decrease the number of hearings conducted by the Board and will not impact state budgets.

local governments:

Local governments do not participate in parole hearings and are not impacted by this change.

small businesses:

Small businesses do not participate in parole hearings and are not impacted by this change.

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

Inmates or attorneys who want to cancel and reschedule a hearing will be required to submit a motion to continue at least three days before a hearing. Currently, the inmates and attorneys submit motions to continue, but there is no minimum time requirement. The proposed rule change only adds the requirement to submit motions in a timely manner.

Compliance costs for affected persons:

The Board does not charge a fee for parole hearings or filing motions to continue hearings. There is no additional cost to inmates by requiring that motions to continue be submitted three days before the hearing.

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

Businesses do not participate in parole hearings. The proposed rule change does not create any compliance cost for businesses.

Angela Micklos, Board Chair

The full text of this rule may be inspected, during regular business hours, at the Office 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:

09/14/2016

Interested persons may attend a public hearing regarding this rule:

• 08/17/2016 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

09/21/2016

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-204. Hearing Continuances.

R671-204-1. Permissible Hearing Continuances.

Board hearings may be continued:

(1) to inquire into, investigate, assess, or respond to any issue associated with a:

(a) possible lack of competency of the offender, pursuant to Utah Code Ann. Sections 77-15-2, 77-15-3 or Utah Admin. Rule R671-206; or

(b) mentally ill offender whose mental health has deteriorated to a point where the offender has been transferred to the state hospital, or whose mental illness renders the offender unable to attend, understand, or appropriately participate in a hearing, pursuant to Utah Code Ann. Sections 62A-15-605, 62A-15-605.5, 77-16a-204, Utah R. Admin. P. R207-1, R207-2 or R671-207;

(2) when the offender is not available for the hearing due to medical or mental health reasons;

(3) to allow an offender who has been determined by the Board to be unable to effectively represent themselves to obtain assistance at the hearing, pursuant to Utah R. Admin. P. R671-308;

(4) to allow for the personal appearance of the offender if the offender is unable to appear at the hearing as scheduled;

(5) upon the request of a victim of record who desires to participate in the hearing, pursuant to Utah R. Admin. P. R671-203, but who cannot reasonably attend the hearing as scheduled;

(6) to await the adjudication or resolution of new or additional criminal charges;

(7) to conduct a parole violation evidentiary hearing, pursuant to Utah R. Admin. P. R671-517;

(8) at the motion or request of the offender or an attorney representing the offender, with a written waiver and stipulation for the continuance, and a minimum notice to the Board of 3 business days;

(9) when the Board determines that new, additional, critical, or material information necessary for a full, fair, accurate, and complete hearing has not been received and will not be received by the scheduled hearing; or

(10) when the Board finds that a continuance is in the interest of justice, procedural economy, or is necessary because of transportation, technical, security, or other issues beyond the control of the Board.

 

R671-204-2. Limitations.

(1) Staff may not reschedule or continue original hearings, rescission hearings, or rehearings beyond 90 days unless a majority of the Board concurs with the continuance.

(2) No hearing may be continued beyond an offender's sentence expiration date.

 

KEY: continuances, hearings, parole

Date of Enactment or Last Substantive Amendment: [October 1, 2015]2016

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