DAR File No. 42167
This notice was published in the October 15, 2017, issue (Vol. 2017, No. 20) of the Utah State Bulletin.
Pardons (Board Of), Administration
Commutation Hearings (Non-Death Penalty Cases)
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42167
Filed: 09/28/2017 04:58:44 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
In Utah, the authority to commute a sentence rests with the Board of Pardons and Parole (Board), see Subsection 63G-3-201(3), Sections 77-27-1 et seq., 77-27-9, and 77-27-5, and the Utah Constitution Art VII, Sec 12. Therefore, the Board must enact rules about how a commutation petition is filed and how the Board conducts commutation hearings.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No written comments have been received.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
The rule provides the framework of how the Board executes its authority to commute sentences. The rule is necessary to inform individuals how to petition for a commutation and how the Board will proceed when a petition is received. Therefore, this rule should be continued.
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 email@example.com
Angela Micklos, Chair
More information about a Five-Year Notice of Review and Statement of Continuation 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/2017/b20171015.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.
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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.