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 R671-301. Personal Appearance.

As in effect on October 1, 2019

Table of Contents

R671-301-1. Personal Appearance.

A. By statute, the Board or its designee is required to convene at least one public hearing for all offenders except those serving life without parole or a death sentence. In rehearings, the offender is afforded all the rights and considerations afforded in the initial hearing except as provided by other Board rules because the setting of a parole date is still at issue.

B. An offender has the right to be present at a parole grant, rehearing, or parole violation hearing if in the state (UCA 77-27-7). The offender may speak, present documents, ask, and answer questions. In the event an offender waives this right to appear, or refuses to personally attend the hearing, the Board may proceed with the hearing and issue a decision.

C. If an offender is housed out of state, the Board may proceed as follows:

1. The offender may waive the right to be present, and the Board may then conduct the hearing in absentia.

2. The Board may request the Department of Corrections to return the offender to the state for the hearing.

3. The Board may seek that a courtesy hearing be conducted by the appropriate paroling authority of the custodial state. A request along with a complete copy of Utah's record shall be forwarded for the hearing. All reports, a record of the hearing, and a recommendation shall be returned to the Utah Board for final action.

4. An individual Board member or designee may travel to the custodial facility and conduct the hearing, record the proceeding, and make a recommendation for the Board's final decision.

5. A hearing may be conducted by videoconference or conference telephone call.

KEY

inmates, parole

Date of Enactment or Last Substantive Amendment

October 4, 2012

Notice of Continuation

January 30, 2017

Authorizing, Implemented, or Interpreted Law

63G-3-201(3); 77-27-7(2); 77-27-9(4)(a)


Additional Information

Contact

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.