DAR File No. 41081

Pardons (Board Of), Administration

Section R671-311-3

Earned Time Adjustments

Notice of Proposed Rule

(Amendment)

DAR File No.: 41081
Filed: 12/14/2016 08:54:25 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Legislature made changes to Section 77-27-5.4. The Board is updating Section R671-311-3 to conform to the statutory changes.

Summary of the rule or change:

Programs that qualify for the Earned Time adjustment are approved by the Board in collaboration with the Department of Corrections, as required by Subsection 77-27-5.4(2)(a)(ii). Earned time credits may be forfeit if the Board determines a rescission hearing is necessary in accordance with Subsection 77-27-5.4(4). Individuals without a release date or who have not met a contingency are not eligible for the Earned Time Program, see Subsection 77-27-5.4(3).

Statutory or constitutional authorization for this rule:

• Section 77-27-1 et seq.
• Section 77-27-6
• Section 77-27-7
• Section 77-27-11
• Section 64-13-1
• Section 77-27-5.4
• Subsection 77-27-10(2)(b)
• Section 64-13-7.5
• Art VII, Sec 12
• Section 64-13-25
• Subsection 77-27-9(4)(a)
• Section 77-27-5
• Subsection 63G-3-201(3)

Anticipated cost or savings to:

the state budget:

The proposed changes clarify how decisions are made about which programs qualify and who is eligible for earned time adjustments but do not create a cost or savings. The changes do not create new processes that would incur new costs. The changes are unlikely to make a substantial change in the number of earned time adjustments granted.

local governments:

The Department of Corrections contracts with county jails to house state inmates and to provide programming. These programs must meet standards set by the Department of Corrections. Completing these programs qualifies inmates for an earned time adjustment. These programs are already approved for the earned time adjustment, so the rule change will not have an impact. However, new programs in the jail or prison must also meet performance standards and be approved by the Board in collaboration with the Department of Corrections before the program is eligible for earned time adjustments.

small businesses:

Small business does not participate in the parole process or the Earned Time Program. There is no fiscal impact for small business.

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

The Earned Time Program provides time cuts to inmates who complete programming. Other than successfully completing the intervention program, the inmate is not required to submit any form or application.

Compliance costs for affected persons:

There is no cost to the inmate when the Board grants a time cut due to successful completion of an intervention program.

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

Private business does not participate in the parole process. The interventions programs are provided by the Department of Corrections either directly or through county jails. The proposed rule change does not affect businesses.

Angela Micklos, 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:

01/31/2017

This rule may become effective on:

02/07/2017

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-311. Special Attention Reviews, Hearings and Decisions.

R671-311-3. Earned Time Adjustments.

(1) Earned Time adjustments shall reduce the period of incarceration for offenders who have been granted a release from prison and who successfully complete [recidivism]risk reduction programming or objectives, as defined and specified herein.

(2) Definitions.

(a) "Adjustment" means:

(i) a reduction of an offender's period of incarceration when a release date has been ordered by the Board; and

(ii) has the same meaning as "credit" as used in Utah Code Ann. Section 77-27-5.4.

(b) "Case Action Plan" means the plan, developed by the Department pursuant to Utah Code Ann. Subsection 64-13-1(1), that identifies the program priorities that will reduce the offender's criminal risk factors as determined by a risk and needs assessment.

(c) "Department" refers to the Utah Department of Corrections and any of its divisions, bureaus, or departments.

(d) "Earned time adjustment" has the same meaning as, and comprises the program mandated in, Utah Code Ann. Section 77-27-5.4 and as defined in this Rule.

(e) "Forfeiture" and "Forfeiture of Earned Time Credits" as used in Utah Code Ann. Subsection 77-27-5.4(4) means that a release date granted by the Board following an earned time adjustment is rescinded due to a major disciplinary violation, new criminal conviction, new criminal activity, or other similar action committed by the offender.

(f) "Programming" means a component, objective, requirement, or program identified in an offender's case action plan that:

(i) meets the minimum standards and qualifications for programs established by the Department pursuant to Utah Code Ann. Section 64-13-7.5 or 64-13-25; and

(ii) has been shown by scientific research to reduce recidivism by addressing an offender's criminal risk factors.

(iii) has been approved by the Board in collaboration with the Department as required by Utah Code Ann. Section 77-27-5.4 (2)(a)(ii).

(g) "Successful completion" means that an offender has completed [a ]case action plan [component, objective, requirement or ]programming and has earned a completion rating of "successful" as determined by standards set by the Department.

(3) Earned Time Adjustments.

(a) An offender shall earn an adjustment of four months for the successful completion of a program identified by the Department as pertaining to, satisfying, or applying within [the highest ranked priority in the ]an offender's case action plan.

(b) An offender shall earn an adjustment of four months for successful completion of one additional program as identified by the Department in the offender's case action plan.

(c) The earned time adjustment shall change the previously ordered release date, resulting in a reduction in the length of incarceration.

([d) If an offender earns a time adjustment prior to a Board decision setting release, the earned time and programming completion shall be considered by the Board when making subsequent release decisions.

(e]) (d) The Board, in its discretion, may grant earned time adjustments in excess of four months to recognize additional or extraordinary programming performance or achievement.

(e) The board may order the forfeiture of earned time credits under this section if it determines a rescission hearing is necessary in accordance with Section 77-27-5.4(4).

(4) Exclusions:

(a) Offenders whose previously ordered release date does not provide enough time, including time for transition services, for the adjustment may not be granted a full earned time adjustment, but shall receive a partial adjustment if the previously ordered release date allows for the same.

(b) Earned time adjustments may not be used to change an offender's original hearing as scheduled by the Board.

(c) Offenders who have been sentenced to life without parole are ineligible for earned time adjustments.

(d) Offenders who have been ordered by the Board to serve a life sentence to expiration are ineligible for earned time adjustments.

(e) Earned time adjustments may not be granted for a second or subsequent completion of the same classes, programs, or case action plan priorities during the same term of incarceration without an intervening release.

(f) Offenders who do not have a current release date are not eligible for the Earned Time adjustment according to Utah Code Ann. Section 77-27-5.4(3)(d); however, the Board shall consider the program completion when making subsequent release decisions.

(g) Offenders who have not met a contingency requirement for release ordered by the Board are ineligible for an earned time adjustment.

(5) The Department shall notify the Board, within 30 days, of an offender's successful completion of a case action plan program that is eligible for an earned time adjustment.

 

KEY: parole, inmates, sentences, time cut

Date of Enactment or Last Substantive Amendment: [October 15, 2015]2017

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 63G-3-201(3); 64-13-1; 64-13-7.5; 64-13-25; 77-27-1 et seq.; 77-27-5.4; 77-27-7; 77-27-5; 77-27-6; 77-27-9(4)(a); 77-27-10(2)(b); 77-27-11