DAR File No. 42227

Pardons (Board Of), Administration

Rule R671-205

Credit for Time Served

Notice of Proposed Rule

(Amendment)

DAR File No.: 42227
Filed: 10/16/2017 04:02:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to specify and define how credit for time served may be considered while awaiting trial or conviction prior to commitment at the Utah State Hospital under civil commitment order or any similar order to remain in the facility.

Summary of the rule or change:

The purpose of this amendment is to specify and define how credit for time served may be considered while awaiting trial or conviction, including time spent in confinement, detention or hospitalization, as well as prior to commitment at the Utah State Hospital under civil commitment order or any similar order to remain in the facility.

Statutory or constitutional authorization for this rule:

• Subsection 77-18-1(11)(a)(iii)
• Art VII Sec 12
• Section 77-27-5
• Subsection 77-18-1(12)(e)(iv)
• Section 77-27-9
• Section 77-27-7

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings because credit for time served does not have a fiscal impact on the state budget.

local governments:

There is no anticipated cost or savings because credit for time served does not have a fiscal impact on local governments.

small businesses:

There is no anticipated cost or savings because credit for time served does not have a fiscal impact on small businesses.

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

There is no anticipated cost or savings because the amended rule of credit for time served does not affect or impact any individual, partnership, corporation, association, governmental entity, or public or private organization.

Compliance costs for affected persons:

There is no anticipated cost or savings because the amended rule of credit for time served does not have a fiscal impact on affected persons.

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

There are no anticipated fiscal impacts of the amended rule of credit for time served on 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:

• Bev Uipi at the above address, by phone at 801-261-6446, by FAX at , or by Internet E-mail at buipi@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:

12/13/2017

Interested persons may attend a public hearing regarding this rule:

• 12/06/2017 08:00 AM, Board of Pardons and Parole, 448 E 6400 S, Room 300, Salt Lake City, UT

This rule may become effective on:

12/20/2017

Authorized by:

Angela Micklos, Chair

R671. Pardons (Board of), Administration.

R671-205. Credit for Time Served.

R671-205-1. Definitions.

(1) "Custody", for purposes of this rule, means that a person is held in jail or prison, and includes a person who is:

(a) in the custody of a peace officer pursuant to a lawful arrest;

(b) a minor confined in a facility operated by the Division of Juvenile Justice Services, following conviction as an adult in district court, when the district court obtained jurisdiction over the minor pursuant to Utah Code sections 78A-6-701, 78A-6-702, or 78A-6-703; or

(c) committed to the Department of Corrections, but who is housed at the Utah State Hospital or other medical facility.

(2)(a) "Sentence", for purposes of this rule, means a judgment, sentence, or commitment issued by a district court pursuant to Utah Code Section 77-18-1 for a criminal conviction and over which the Board has prison release jurisdiction.

(b) When a person is sentenced to prison after being convicted in multiple counts in the same criminal case, or after being convicted in multiple cases, credit for time served will be calculated separately for each sentence.

 

R671-205-2. Credit for Time Served.

(1) Credit for time served shall be granted by the Board against an offender's prison sentence for time an offender actually served in custody if, prior to being sentenced to prison, the offender was held in custody in connection with the specific sentence:

(a) while awaiting trial, conviction, or imposition of the sentence , including any time spent in confinement, detention, or hospitalization in the custody of the Department of Human Services or the Utah State Hospital awaiting competency evaluation or restoration;

(b) while on probation and awaiting a hearing or decision regarding probation violation allegations;

(c) as a condition of probation following the imposition of a suspended prison sentence, if the offender is later committed to prison on or after October 1, 2015;

(d) as a sanction for a violation of probation, following the revocation and re-start or re-imposition of probation, if the offender is later committed to prison on or after October 1, 2015;

(e) as a response to a violation of probation, pursuant to the AP &[and] P Response and Incentive Matrix, if the offender is later committed to prison on or after October 1, 2015.

(f) that is reversed, vacated, or otherwise set aside, if a subsequent prison sentence is imposed for the same criminal conduct;

(g) at the Utah State Hospital following a "guilty and mentally ill" conviction; or

(h) outside the State of Utah based solely on a Utah warrant issued in connection with the sentence under Board jurisdiction.

(2) The Board may, in its discretion, grant credit for time served in other, extraordinary circumstances.

 

R671-205-3. Exclusions.

Credit for time served may not be granted for any period of custody served:

(1) for an arrest, pre-trial detention, probation, commitment, case, conviction, or sentence over which the Board has no jurisdiction;

(2) at the Utah State Hospital or comparable non-prison, psychiatric facility while an offender, prior to commitment to prison[: (a) is undergoing pre-trial competency proceedings or investigations; or (b) has been committed to a facility for competency restoration following a judicial finding of incompetence;]is under a civil commitment order or other similar order to remain in the facility;

[(3)] in a medical or other treatment facility while under court supervision;

[(4)](3) under home-confinement, house arrest, in a community correctional center, or in any other treatment facility while under court supervision; or

[(5)](4) for an arrest, pre-trial detention, probation, commitment, or sentence while under the jurisdiction of the federal government.

 

R671-205-4. Concurrent and Consecutive Sentencing.

(1) If an offender is committed to prison for more than one sentence, credit for time served shall be calculated for each sentence separately.

(2) If an offender is committed to prison to serve consecutive sentences, only the credit for time served attributable to the consecutive sentence shall be granted against that sentence, and the consecutive sentence shall begin only following the expiration of all prior sentences.

(3) If an offender is serving one or more prison sentences, and a subsequent prison sentence is imposed concurrently, credit for time served shall begin on the date the subsequent prison sentence is imposed.

(4) If an offender is serving one or more prison sentences, and a subsequent prison sentence is imposed consecutively, credit for time served may not be granted toward the consecutive sentence, and the consecutive sentence shall begin only following the expiration of all prior sentences.

 

R671-205-5. Verification of Time Served Required.

(1) The Board shall only grant credit for time served if the time in custody is documented in official records of the court and facility of custody.

(2) If an offender desires credit in addition to that granted by the Board, the offender bears the burden to petition for, and provide copies of records supporting, the additional credit.

 

KEY: credit for time served, prison release, parole

Date of Enactment or Last Substantive Amendment: [August 11, 2015]2017

Notice of Continuation: January 30, 2017

Authorizing, and Implemented or Interpreted Law: Art. VII Sec. 12; 77-18-1(11)(a)(iii); 77-18-1(12)(e)(iv); 77-27-5; 77-27-7; 77-27-9