DAR File No. 40619
This rule was published in the August 15, 2016, issue (Vol. 2016, No. 16) of the Utah State Bulletin.
Pardons (Board Of), Administration
Offender Hearing Assistance
Notice of Proposed Rule
DAR File No.: 40619
Filed: 07/18/2016 10:19:10 AM
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 government does not participate in parole hearings and will not be impacted by the proposed change.
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)
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:
- 08/17/2016 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.
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 Hearings.
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.]
(b) An [
alleged parole violator ] may choose instead to
[ have private] attorney [ representation] at the [ parolee]'s own expense.
In each case, an offender's attorney must]
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].
In pardon or commutation proceedings,] an offender
or petitioner has no right, requirement
or entitlement to legal representation or appointed
counsel before the Board
A] pardon or commutation petitioner [ may] [ hire their own] attorney[ ,] at their own expense, to appear or represent
the petitioner before the Board. Any [ person] representing a petitioner
must meet the
requirements of Subsection R671-308-2
[ (b)] and must comply with the Board's
KEY: parole, inmates
Date of Enactment or Last Substantive Amendment: [
December 7, 2010]
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
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/b20160815.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 Office of Administrative Rules.