Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R671. Pardons (Board of), Administration.
Rule R671-206. Competency of Offenders.
As in effect on October 1, 2019
Table of Contents
- R671-206-1. Incompetence for Board Proceedings Defined.
- R671-206-2. Stay to Determine Offender Competence.
- R671-206-3. Proceedings When Competence Is Questioned.
- R671-206-4. Determination of Competence.
- Date of Enactment or Last Substantive Amendment
- Authorizing, Implemented, or Interpreted Law
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.
(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.
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.
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.
January 8, 2018
77-15-2; 77-15-3; 77-15-5; 77-27-2; 77-27-7
For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.