DAR File No. 40619

Pardons (Board Of), Administration

Rule R671-308

Offender Hearing Assistance

Notice of Proposed Rule

(Amendment)

DAR File No.: 40619
Filed: 07/18/2016 10:19:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed change allows the Board to appoint an attorney to represent an inmate during a parole violation hearing or the inmate may hire an attorney. The amendment clarifies who may participate or testify at a parole hearing.

Summary of the rule or change:

The Board may appoint a defense attorney to represent an inmate during a parole violation proceeding. The inmate may choose instead to hire an attorney at the inmate's own expense. Only the offender, a person appointed according to this rule, or a victim may testify or comment during the hearing. The Board may allow an attorney to participate in a commutation or pardon hearing.

Statutory or constitutional authorization for this rule:

• Section 77-27-11
• Section 77-27-5
• Section 77-27-9
• Section 78A-9-103
• Section 77-27-29

Anticipated cost or savings to:

the state budget:

A contract already exists to provide defense attorney assistance to alleged parole violators and these attorneys have already been performing the service. The proposed change will not increase or decrease costs to the state.

local governments:

Local government does not participate in parole hearings and will not be impacted by the proposed change.

small businesses:

Small business does not participate in parole hearings and will not be impacted by the proposed change.

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

Offenders are already represented by attorneys. The proposed rule change only clarifies the participation of attorneys and those appointed by the Board to provide assistance during hearings.

Compliance costs for affected persons:

The offender does not bear any cost for attorneys appointed by the Board.

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.

R671-308. Offender Hearing Assistance.

R671-308-1. Offender Hearing Assistance.

Offenders who are deemed by the Board or a Hearing Official to be unable to effectively represent themselves at a hearing may be allowed to have any assistance the Board determines is necessary to conduct an orderly hearing. This may include a Board-appointed representative.

 

R671-308-2. Offender Legal Counsel -- Parole Revocation Hearings.

(a) [At parole violation hearings including evidentiary hearings, where there are no new criminal convictions, an attorney may be assigned to represent parolees at State expense.]The Board may appoint or assign an attorney to represent offenders at parole violation hearings, including evidentiary hearings, at State expense, unless the offender is the subject of a new criminal conviction for which an initial or original hearing is scheduled.

(b) An [alleged parole violator ]offender may choose instead to be represented by their own[have private] attorney [representation]during parole revocation hearings at the [parolee]offender's own expense.

(c) Any attorney appearing or representing an offender in parole revocation hearings[In each case, an offender's attorney must] shall be admitted and licensed to practice law within the state of Utah, as defined by Utah Code Ann. Section 78A-9-103 (1953, as amended) and must comply with the Board's Administrative Rules, including Rule R671-103, Attorneys.

 

R671-308-3. Offender Legal Counsel --[Pardon and Commutation Hearings]All Other Hearings.

(a) Except in parole revocation hearings as set forth in this rule,[In pardon or commutation proceedings,] an offender or petitioner has no right, requirement , or entitlement to legal representation or appointed counsel before the Board or during or in connection with any Board hearing, review, or decision.

(b) No attorney or other person appointed or employed by an offender to assist in any matter or hearing before the Board may testify, speak, or otherwise address the Board during a hearing except as provided in this rule. Only the offender, a person appointed by the Board to assist an offender pursuant to this rule, or a victim as provided for by Utah law may present testimony or comment during a hearing.

(c) If a[A] pardon or commutation petitioner [may]appoints or employs [hire their own]an attorney[,] at their own expense, to appear or represent the petitioner before the Board, the Board may allow the attorney to participate at the pardon or commutation hearing. Any [person]attorney appearing or representing a petitioner at a commutation or pardon hearing must meet the requirements of Subsection R671-308-2 (c)[(b)] and must comply with the Board's Administrative Rules.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [December 7, 2010]2016

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11; 77-27-29; 78A-9-103