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 R671-308. Offender Hearing Assistance.

As in effect on October 1, 2019

Table of Contents

R671-308-1. Offender Hearing Assistance.

Offenders who are deemed by the Board or a Hearing Official to be unable to effectively represent themselves at a hearing may be allowed to have any assistance the Board determines is necessary to conduct an orderly hearing. This may include a Board-appointed representative.

R671-308-2. Offender Legal Counsel -- Parole Revocation Hearings.

(a) The Board may appoint or assign an attorney to represent offenders at parole violation hearings, including evidentiary hearings, at State expense, unless the offender is the subject of a new criminal conviction for which an initial or original hearing is scheduled.

(b) An offender may choose instead to be represented by their own attorney during parole revocation hearings at the offender's own expense.

(c) Any attorney appearing or representing an offender in parole revocation hearings shall be admitted and licensed to practice law within the state of Utah, as defined by Utah Code Ann. Section 78A-9-103 (1953, as amended) and must comply with the Board's Administrative Rules, including Rule R671-103, Attorneys.

R671-308-3. Offender Legal Counsel -- All Other Hearings.

(a) Except in parole revocation hearings as set forth in this rule, an offender or petitioner has no right, requirement, or entitlement to legal representation or appointed counsel before the Board or during or in connection with any Board hearing, review, or decision.

(b) No attorney or other person appointed or employed by an offender to assist in any matter or hearing before the Board may testify, speak, or otherwise address the Board during a hearing except as provided in this rule. Only the offender, a person appointed by the Board to assist an offender pursuant to this rule, or a victim as provided for by Utah law may present testimony or comment during a hearing.

(c) If a pardon or commutation petitioner appoints or employs an attorney at their own expense, to appear or represent the petitioner before the Board, the Board may allow the attorney to participate at the pardon or commutation hearing. Any attorney appearing or representing a petitioner at a commutation or pardon hearing must meet the requirements of Subsection R671-308-2(c) and must comply with the Board's Administrative Rules.

KEY

parole, inmates

Date of Enactment or Last Substantive Amendment

October 31, 2016

Notice of Continuation

January 10, 2017

Authorizing, Implemented, or Interpreted Law

77-27-5; 77-27-9; 77-27-11; 77-27-29; 78A-9-103


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.