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 R671-314. Compassionate Release.

As in effect on October 1, 2019

Table of Contents

R671-314-1. Rule.

(1) The Board shall consider a compassionate release when specified exceptional circumstances exist.

(2) A compassionate release request submitted on behalf of an offender does not limit or preclude other requests for special attention or redetermination consideration.

(3) Compassionate release consideration shall be initiated upon the receipt of a written request, as specified herein, explaining the circumstances supporting the release.

(4) The Board shall consider a compassionate release in the following exceptional circumstances:

(a) Upon the request of the Department of Corrections (Department), if an offender's public safety and recidivism risk is significantly reduced due to the effects or symptoms of advancing age, medical infirmity, disease, or disability, or mental health disease or disability;

(b) Upon the request of the Department if an offender suffers from a serious and persistent medical condition which requires extensive medical attention, nursing home care, or palliative care; or

(c) Upon the request of the Department, offender, or other interested person, if an offender's immediate family member dies within 120 days of a previously scheduled release.

(5) If the compassionate release request is submitted pursuant to paragraphs (4)(a) or (b), the request shall include a report from the Department detailing the specific effects, conditions, or symptoms to be considered; the treatments available; and, when possible, the prognosis of such effects, conditions, or symptoms.

(6) For compassionate release requests submitted pursuant to paragraph (4)(c):

(a) Immediate family member is defined as a parent, step-parent, spouse, child, sibling, grandparent, or grandchild;

(b) The request shall be accompanied by a death certificate or other verification acceptable to the Board; and

(c) The Board may request that the Department review the request, provide any institutional or other reports requested by the Board, and make a recommendation regarding the request.

(7) Except as provided in section (8) of this rule, the Board may make a decision regarding a compassionate release with or without a hearing.

(8) Before granting a compassionate release pursuant to this rule, the Board shall hold a hearing if the compassionate release would occur before an offender's original hearing.

(9) Before granting a compassionate release without a hearing pursuant to this rule, the Board shall make a reasonable effort to contact, inform, and consider the input of any victim of record in the case for which the offender is incarcerated, if the victim of record has previously requested notice of hearings pursuant to Utah Code Subsection 77-38-3(8).

KEY

parole, inmates

Date of Enactment or Last Substantive Amendment

October 22, 2015

Authorizing, Implemented, or Interpreted Law

Art. VII, Sec. 12; 63G-3-201(3); 77-27-5; 77-27-7; 77-27-9


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.