Utah Administrative Code Topic - Pardons (Board of)
In the Utah Administrative Code, the rules and regulations for the Board of Pardons and Parole are primarily found under Title R671. This board is a crucial part of Utah's criminal justice system, responsible for determining when and under what conditions individuals committed to correctional facilities may be released on parole, granted pardons, or have their sentences commuted.
Here's a breakdown of the key areas covered in Title R671, which governs the "Pardons (Board of)" topic:
Title R671 - Administration (Board of Pardons and Parole)
This title is comprehensive, outlining the procedures, criteria, and operational guidelines for the Board's functions, including:
I. General Administration and Procedures (e.g., R671-100 Series):
Rules: Outlines the general framework for the Board's rules.
Americans with Disabilities Act (ADA) Complaint Procedures: Ensures accessibility and reasonable accommodations in Board processes.
Attorneys: Rules regarding the representation of offenders by attorneys in Board hearings.
Language Access: Provisions for language services to ensure fair access for all individuals.
Information Received, Maintained, or Used by the Board: Rules concerning the types of information the Board can collect, maintain, and use in its decision-making.
Public Access to Hearings: Rules regarding who can attend hearings and how the public can access hearing information.
Board Decisions and Orders: Procedures for the issuance and notification of Board decisions.
Impartial Hearings: Ensures fairness and impartiality in all hearings.
II. Hearings and Notifications (e.g., R671-200 and R671-300 Series):
Original Hearing Schedule and Notice: Procedures for scheduling initial parole hearings and providing notice to relevant parties.
Notification of Hearings: General rules for notifying all stakeholders about hearings.
Victim Input and Notification (R671-203): This is a very important section that details victim rights, including:
Definition of "victim" and "victim representative."
Notice requirements for victims regarding hearings (original, rehearings, etc.).
Right of victims to attend and testify at hearings, and to provide written statements.
Provisions for victim impact hearings.
Hearing Continuances: Rules for requesting and granting postponements of hearings.
Credit for Time Served: How the Board accounts for time an offender has already served.
Competency of Offenders: Procedures for addressing questions of an offender's mental competency to participate in hearings.
Custody Transfer for Mentally Ill Offenders: Rules for transferring offenders with mental illness to appropriate facilities.
Personal Appearance (R671-301): Rules regarding an offender's right to be present at hearings, including provisions for waiving that right or conducting hearings via video conference for out-of-state offenders.
Hearing Record: Requirements for maintaining records of all hearings.
Offender Hearing Assistance: Provisions for assistance to offenders during hearings.
Rescission Hearings: Procedures for reconsidering or revoking a previously granted parole date.
Special Attention Reviews, Hearings and Decisions: Rules for cases that require particular focus.
III. Pardons and Clemency (e.g., R671-315, R671-312, R671-313):
Pardons (R671-315-1):
Definition: An act of grace that forgives a criminal conviction and restores lost rights and privileges.
Eligibility: Typically, the Board may consider a pardon application from anyone convicted in Utah after exhausting judicial remedies (like expungement). Generally, at least five years must have passed since the termination or expiration of the sentence and any enhancement period. Pardons are not considered for infractions.
Application Process: Requires a completed application, signed by the applicant, who must be willing to attend the hearing personally. Posthumous applications are not accepted.
Required Documentation: Applicants must provide police reports, pre/post-sentence reports, inmate files, recent BCI, NCIC, and III reports, verification of satisfied restitution/fines, and verification of completed therapy programs.
Hearing Process: If a pardon hearing is granted, notice is published, and mailed to victims, arresting/prosecuting agencies, and the sentencing court. The applicant must testify, and victims can provide input. The Board can deny, grant a conditional, or grant an unconditional pardon. Decisions are final and not subject to judicial review.
Commutation Hearings (Non-Death Penalty Cases) (R671-313): Rules for reducing the severity of a sentence, including eligibility criteria and hearing procedures.
Commutation Hearings for Death Penalty Cases (R671-312, R671-312A, R671-312B): Specific and highly detailed procedures for commutation petitions from individuals sentenced to death, including eligibility, application content, notice requirements, pre-hearing conferences, and the conduct of the hearing.
Compassionate Release (R671-314): Rules for considering early release due to extreme medical conditions or other compelling circumstances.
Redetermination (R671-316): Procedures for reconsidering a previous Board decision.
IV. Parole and Supervision Conditions (e.g., R671-400 and R671-500 Series):
Special Conditions of Parole (R671-402): Outlines various conditions that can be imposed on parolees (e.g., reporting, residence approval, employment, substance abuse testing, no contact with victims/felons, search clauses).
Restitution (R671-403, R671-404): Rules regarding the assessment and payment of restitution to victims.
Parole Termination (R671-405): Procedures for ending parole supervision.
Parole Progress/Violation Reports (R671-509): Rules for reporting on parolee compliance and violations.
Evidence for Issuance of Warrants: What evidence is needed to issue a warrant for a parole violation.
Execution of Warrants: Procedures for executing warrants for parole violations.
Expedited Determination of Parolee Challenge to Probable Cause: Rules for challenging the basis of a parole violation warrant.
Waiver and Admissions of Guilt: Procedures for parolees to waive hearings or admit to violations.
The Utah Board of Pardons and Parole is created under Article VII, Section 12 of the Constitution of Utah and its legislative powers are defined in Chapter 27 of the Utah Code of Criminal Procedure (Title 77). The Administrative Rules in Title R671 provide the detailed operational framework for these constitutional and statutory mandates.
For the most accurate and up-to-date information, it is always best to consult the official Utah Administrative Code available on the Utah Legislature's website (rules.utah.gov) or the official website of the Utah Board of Pardons and Parole
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