DAR File No. 42296

Pardons (Board Of), Administration

Rule R671-206

Competency of Offenders

Notice of Proposed Rule

(New Rule)

DAR File No.: 42296
Filed: 11/01/2017 05:20:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to define incompetence for Board proceedings.

Summary of the rule or change:

The proposed rule defines incompetence, or if a hearing official questions an offender's competence for Board proceedings.

Statutory or constitutional authorization for this rule:

• Section 77-15-5
• Section 77-15-2
• Section 77-15-3
• Section 77-27-7
• Section 77-27-2

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings because the competency of offenders does not have a fiscal impact on the state budget.

local governments:

There is no anticipated cost or savings because the competency of offenders does not have a fiscal impact on local governments.

small businesses:

There is no anticipated cost or savings because the competency of offenders 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 proposed rule 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 proposed rule 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 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 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:

12/15/2017

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.

R671-206. Competency of Offenders.

R671-206-1. Incompetence for Board Proceedings Defined.

For purposes of the proceedings of the Board of Pardons and Parole (Board), an offender is incompetent to proceed if the offender is suffering from a mental disorder or intellectual disability resulting in either:

(1) an inability to have a rational and factual understanding of a pending Board hearing; or

(2) an inability to consult with counsel and participate in a hearing with a reasonable degree of rational understanding.

 

R671-206-2. Stay to Determine Offender Competence.

(1) If a Board member or hearing official, Department of Corrections (Department) agent or employee, counsel for the State, or counsel for an offender has reason to believe that an offender may be incompetent as defined herein or as defined in UCA 77-15-2, all proceedings shall be stayed pending a decision by the Board regarding the offender's competence.

(2) A stay of proceedings under this rule does not toll any time served nor does it affect an offender's sentence expiration date.

 

R671-206-3. Proceedings When Competence Is Questioned.

If there is reason to believe that an offender is or may be incompetent, the Board may:

(1) request a mental health evaluation from the Department or a private mental health expert to assist in determining whether the offender is competent or is likely to become competent while housed in the custody of the Department;

(2) appoint one or more contract psychologists to examine the offender and report in writing to the Board, specifically addressing the issue of competency, as defined herein and in UCA Subsection 77-27-7(5); or

(3) request that the Board's counsel from the Attorney General's office file a petition on behalf of the Board with the district court for a competency hearing pursuant to UCA Section 77-15-3.

 

R671-206-4. Determination of Competence.

If the Board or the district court, pursuant to UCA Section 77-15-3, determines the offender is competent, the Board shall proceed with scheduled hearings or other actions.

 

KEY: criminal competency

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 77-15-2; 77-15-3; 77-15-5; 77-27-2; and 77-27-7.