DAR File No. 42295

Pardons (Board Of), Administration

Rule R671-201

Original Hearing Schedule and Notice

Notice of Proposed Rule

(Amendment)

DAR File No.: 42295
Filed: 11/01/2017 05:09:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to define how and when an offender is notified of original hearings.

Summary of the rule or change:

The purpose of this amendment is to define how and when an offender is notified of original hearings, clarifies no original hearing for death sentences, consideration of offenders with life without parole, and defines terms of "administrative review" and different types of hearings.

Statutory or constitutional authorization for this rule:

• Art VII Sec 12
• Section 77-27-7
• Section 77-27-9
• Section 77-27-5

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings because the original hearing schedule and notice do not have a fiscal impact on the state budget.

local governments:

There is no anticipated cost or savings because the original hearing schedule and notice do not have a fiscal impact on local governments.

small businesses:

There is no anticipated cost or savings because the original hearing schedule and notice do 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 change 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 change 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 change on businesses.

Chyleen Arbon, 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 [email protected]

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:

12/15/2017

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, Suite 300, Salt Lake City, UT

This rule may become effective on:

12/22/2017

Authorized by:

Chyleen Arbon, Chair

R671. Pardons (Board of), Administration.

R671-201. Original Hearing Schedule and Notice.

R671-201-1. Schedule and Notice.

(1)(a) The Board shall schedule the month and year of an offender's original hearing, and provide notice to the offender, [W]within [six]6 months of [an]the offender's commitment to prison[the Board shall give notice of the month and year in which the inmate's original hearing will be conducted].

(b) (i) [A minimum of seven days prior notice should be given regarding the specific day and approximate time of such hearing.]No original hearing may be scheduled for any offender whose prison commitment includes a sentence of death.

(ii) The Board may only consider parole for an offender whose prison commitment includes a sentence of Life Without Parole, pursuant to UCA Subsection 77-27-9(6).

(2) For purposes of this Rule, the following terms are defined:

(a) "Administrative Review" means the process by which the Board, by majority vote, reviews, deliberates, and schedules the month and year for an offender's original hearing.

(b) "Homicide [o]Offense [c]Commitment "[, for purposes of this rule,] means a prison commitment to serve a sentence for a conviction of aggravated murder (if the sentence includes the possibility of parole), murder, felony murder, manslaughter, child abuse homicide, negligent homicide, automobile homicide, homicide by assault, any attempt, conspiracy or solicitation to commit any of these offenses, [and] or any other offense, regardless of title, description or severity, when it is known at the time of sentencing that the offense conduct resulted in the death of any person.

([b]c) "Sexual [o]Offense [c]Commitment "[, for purposes of this rule,] means a prison commitment to serve a sentence for a conviction of any crime for which an offender is defined as a kidnap offender pursuant to Utah Code Ann. Subsection 77-41-102(9); or for which an offender is defined as a sex offender pursuant to Utah Code Ann. Subsection 77-41-102(16); or any attempt, conspiracy or solicitation to commit any of the offenses listed in those sections.

(3) Within 6 months of an offender's commitment to prison, the Board shall conduct an administrative review and schedule a future date for an offender's original hearing, if the offender is committed to prison to serve a sentence for any:

(a) [All ]homicide offense commitment[s] eligible for parole[shall be routed to the Board as soon as practicable for the determination of the month and year for an original hearing.];

(b) [The Board shall determine, by majority vote, the month and year of an original hearing for an offender serving a homicide offense commitment.]commitment which includes a sentence of 25 years to life;

(c) commitment imposed if the offender is younger than 18 years of age at the time of prison commitment; or

(d) commitment imposed if the offender was younger than 18 years of age at the time the offense was committed.

(4)[In setting] When scheduling an original hearing [for a homicide offense commitment,] by administrative review, if the Board [ shall only ] obtains and consider additional information which was not available to the court or offender prior to or at the time of sentencing , the additional information shall be provided to the offender, who shall be afforded a minimum of 21 days to consider and respond to the additional information prior to the Board making a decision that schedules an original hearing .

[(d) Homicide offense commitments not eligible for parole, including sentences of life without parole or death, may not be scheduled for original hearings.

(e)](5) When scheduling an original hearing by administrative review,[I]if the offender [is]was less than 18 years of age at the time of the [homicide]commitment offense and the offense is eligible for parole, the original hearing shall be scheduled no later than 15 years after the date of sentencing.

[(4) If the offender is less than 18 years of age at the time of commitment and the offense is eligible for parole, the case shall be routed to the Board as soon as practicable for the determination, by majority vote, of the month and year for an original hearing.

(5) ](6) If an administrative review is not used to schedule an offender's original hearing pursuant to this rule,[When an offender's prison commitment does not include a homicide offense commitment, an offender is eligible to have an] the original hearing [before the Board]shall be scheduled as follows:

(a) after the service of [fifteen]12 years [for first degree felony commitments]if [when ]the most severe sentence imposed [and being served ]is for a first degree felony with a minimum[a] sentence [greater than]of 15 years to life[, excluding enhancements.];

(b) after the service of [seven]7 years if the most severe sentence imposed is for a first degree felony[commitments when the most severe sentence imposed and being served is] with a minimum sentence of 10 years to life[, or 15 years to life, excluding enhancements.];

(c) after the service of [three]3 years for [all]any [other ]first degree felony [commitments.]if the most severe sentence imposed is greater than 3 years to life but less than 10 years to life;

(d) after the service of [twelve months]1 year if the most [serious offense of incarceration] severe sentence imposed is for:

(i) [a second degree felony sexual offense commitment; or

(ii) ]a first degree felony and the sentence[which] is [three]for 3 years to life[.]; or

(ii) a second degree felony sexual offense commitment;

(e) after the service of [six]6 months if the most severe sentence imposed is for :

(i) all other second degree felony commitments; or

([f)](ii) [After the service of six months if the most serious offense of incarceration is ]a third degree felony sexual offense commitment[.];

[(g)](f) [A]a fter the service of [ three ] 3 months if the most severe sentence imposed is for [ all ] any other third degree felony [ and ] or class A misdemeanor commitments.

[(6)](7)[(a)] An offender may request in writing that their original appearance and hearing before the Board be[scheduled other than as provided by this rule.] continued. The [An offender's ]request shall specify the [extraordinary circumstances or ]reasons [which give rise to]supporting the request. The Board may grant or deny the offender's request in its sole discretion.

[(b)](8) The Board may[, in its discretion,] depart from the schedule as provided by this rule if:

[(i)](a) an offender requests a delay or continuance[due to extraordinary circumstances];

[(ii)](b) an offender has unadjudicated criminal charges pending at the time a hearing would normally be [scheduled]held;

[(iii)](c) a Class A misdemeanor commitment has expired prior to an original hearing; or

[(iv)](d) the Board determines that other unusual or extraordinary circumstances impact the [setting]scheduling of an original hearing.

 

KEY: parole, inmates, hearings

Date of Enactment or Last Substantive Amendment: [October 31, 2016]2017

Notice of Continuation: September 22, 2014

Authorizing, and Implemented or Interpreted Law: Art. VII Sec. 12; 77-27-5; 77-27-7; 77-27-9