Administration

R671. Pardons (Board of), Administration.R671-101. Definitions. R671-101-1. Definitions. Unless otherwise provided, as used in Rule R671: (1) "Commutation" means the change or reduction of the severity of a crime; the change or reduction of an imposed sentence; or the change or r…

R671. Pardons (Board of), Administration.R671-102. Americans with Disabilities Act Complaint Procedures. R671-102-1. Authority and Purpose. (1) This rule is made under authority of Subsection 63G-3-201(3). The Board of Pardons and Parole (Board) adopts, defines, and publishes wit…

R671. Pardons (Board of), Administration.R671-103. Attorneys. R671-103-1. Attorneys. (1) Only persons licensed to practice law in the Utah may appear and represent an inmate, offender, or petitioner before the Board, except as otherwise provided in statute. (2) A person may not a…

R671. Pardons (Board of), Administration.R671-104. Language Access. R671-104-1. Language Access. (1) The Board shall provide interpreters at Board hearings for non-English speaking or limited English proficiency offenders or victims. (2) The Department of Corrections shall indica…

R671. Pardons (Board of), Administration.R671-201. Original Hearing Schedule and Notice. R671-201-1. Schedule and Notice. (1)(a) The Board shall conduct a scheduling review to determine the month and year of an offender's original hearing, and provide timely notice to the offende…

R671. Pardons (Board of), Administration.R671-202. Notification of Hearings. R671-202-1. Notification. (1)(a) An offender shall be notified of the date, time, place, and type or purpose of a personal appearance hearing at least seven calendar days in advance of the hearing, excep…

R671. Pardons (Board of), Administration.R671-203. Victim Input and Notification. R671-203-1. General Provisions. (1) Pursuant to Utah Code Subsection 77-27-13(2), the Department of Corrections (Department) shall provide the Board with any available information in its records or …

R671. Pardons (Board of), Administration.R671-204. Hearing Continuances. R671-204-1. Permissible Hearing Continuances. Board hearings may be continued: (1) to inquire into, investigate, assess, or respond to any issue associated with a: (a) possible lack of competency of the offe…

R671. Pardons (Board of), Administration.R671-205. Credit for Time Served. R671-205-1. General Provisions. (1) Credit for time served is applied to reducing the statutory expiration date of a sentence and shall be granted by the Board against an offender's prison sentence for tim…

R671. Pardons (Board of), Administration.R671-206. Competency of Offenders. R671-206-1. Stay to Determine Offender Competence. (1) If an offender's competency is questioned by a hearing official, Department of Corrections (Department), counsel for the State, or counsel for an off…

R671. Pardons (Board of), Administration.R671-207. Custody Transfer for Mentally Ill Offenders and Mentally Decompensating Offenders. R671-207-1. Transferring a Mentally Ill Offender from the State Hospital to a Correctional Facility. (1) If Health and Human Services and the Depa…

R671. Pardons (Board of), Administration.R671-301. Personal Appearance. R671-301-1. Personal Appearance. (1) By statute, the Board or its designee is required to convene at least one public hearing for each offender except those serving life without parole or a death sentence. In…

R671. Pardons (Board of), Administration.R671-302. News Media and Public Access to Hearings. R671-302-1. Open Hearings. (1) According to state law, and subject to fairness, health, and security requirements, Board hearings are open public hearings. (2) Public access to Board hear…

R671. Pardons (Board of), Administration.R671-303. Information Received, Maintained or Used by the Board. R671-303-1. Information Received, Maintained or Used by the Board. (1) Offender access to information (a) Absent a security or safety concern, as determined by the Board, the…

R671. Pardons (Board of), Administration.R671-304. Hearing Record. R671-304-1. Hearing Record. (1) An electronic audio record shall be made of each in-person, video, or telephonic hearings held by the Board of Pardons and Parole (Board). (2) Pursuant to Section 77-27-8, a certifi…

R671. Pardons (Board of), Administration.R671-305. Board Decisions and Orders. R671-305-1. Board Decisions and Orders. The Board will reduce decisions to a written order. Orders entered following original hearings, re-hearings, special attention hearings, parole violation hearing…

R671. Pardons (Board of), Administration.R671-308. Offender Hearing Assistance. R671-308-1. Offender Hearing Assistance. Offenders who are deemed by a hearing official to be unable to effectively represent themselves at a hearing may be allowed to have any assistance the Board de…

R671. Pardons (Board of), Administration.R671-309. Impartial Hearings. R671-309-1. Ex Parte Communications. (1) Offenders are entitled to an impartial hearing before the Board. The Board therefore discourages any ex parte contact with individual hearing officials at any time. (2)…

R671. Pardons (Board of), Administration.R671-310. Rescission Hearings. R671-310-1. Rescission Hearings. (1) Any Board decision may be reviewed and rescinded by the Board at any time prior to an offender's actual release from custody. (2) If the rescission of a release or reheari…

R671. Pardons (Board of), Administration.R671-311. Special Attention Reviews, Hearings, and Decisions. R671-311-1. Special Attention Reviews and Decisions. (1) The Board may use special attention reviews or hearings to adjust parole conditions, review earlier Board decisions, and…

R671. Pardons (Board of), Administration.R671-312. Commutation Hearings for Death Penalty Cases. R671-312-1. General Applicability. The provisions and procedures set forth below are of general applicability to all petitions filed with the Utah Board of Pardons and Parole (Board) …

R671. Pardons (Board of), Administration.R671-312A. Commutation Procedures Applicable to Persons Sentenced to Death On or Before April 26, 1992. R671-312A-1. Scope of Rule. Rule R671-312 governs petitions and proceedings when a petition for commutation of a death sentence is file…

R671. Pardons (Board of), Administration.R671-312B. Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992. R671-312B-1. Scope of Rule. Rule R671-312 governs all petitions and proceedings when a petition for commutation of a death sentence is filed b…

R671. Pardons (Board of), Administration.R671-313. Commutation Hearings (Non-Death Penalty Cases). R671-313-1. Applicability. (1) No person has a right, privilege, or entitlement to commutation or clemency. (2) Petitions for commutation of a death sentence shall be governed by ap…

R671. Pardons (Board of), Administration.R671-314. Compassionate Release. 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 o…

R671. Pardons (Board of), Administration.R671-315. Pardons. R671-315-1. Pardons. (1)(a) The Board may consider an application for a pardon from any individual who has been convicted of an offense in Utah, after the applicant has exhausted judicial remedies, including expungement,…

R671. Pardons (Board of), Administration.R671-316. Redetermination. R671-316-1. Redetermination Review. (1) Redetermination is a process whereby the Department of Corrections (Department), a legal representative of the offender, or the offender may request that the Board review n…

R671. Pardons (Board of), Administration.R671-402. Special Conditions of Parole. R671-402-1. General. (1) The Board may add special conditions to a standard parole agreement. Special conditions are generally intended to help hold an offender accountable or to help meet an offende…

R671. Pardons (Board of), Administration.R671-403. Restitution. R671-403-1. General Provisions. (1) This rule applies to offenders sentenced before July 1, 2021, only. For offenders sentenced on or after July 1, 2021, the Board will follow the procedures of Rule R671-404. (2) If …

R671. Pardons (Board of), Administration.R671-404. Restitution and Other Costs Applicable to Persons Sentenced on or After July 1, 2021. R671-404-1. General Provisions. (1) This rule shall apply to offenders sentenced on or after July 1, 2021. For offenders sentenced before July …

R671. Pardons (Board of), Administration.R671-405. Parole Termination. R671-405-1. General Provisions. (1) When an offender is granted parole, the offender shall remain on parole until: (a) the offender's maximum parole term has been served; (b) the Board grants a parole terminat…

R671. Pardons (Board of), Administration.R671-509. Parole Progress / Violation Reports. R671-509-1. Progress / Violation Reports. (1) In accordance with sentencing and supervision length guidelines, a parole agent or other representative of the Department of Corrections shall sub…

R671. Pardons (Board of), Administration.R671-510. Evidence for Issuance of Warrants. R671-510-1. Evidence for Issuance of Warrants. (1) Board Warrants shall be issued only upon a showing that there is probable cause to believe that a parole violation has occurred. (2) A Warrant …

R671. Pardons (Board of), Administration.R671-512. Execution of the Warrant. R671-512-1. Execution of the Warrant. (1) When a parolee is arrested on a Board warrant, an agent of the Department shall provide the parolee with copies of the warrant, the warrant request/parole violat…

R671. Pardons (Board of), Administration.R671-513. Expedited Determination of Parolee Challenge to Probable Cause. R671-513-1. Expedited Determination of Parolee Challenge to Probable Cause. 1. If a parolee who is returned to custody for a parole violation wishes to challenge the…

R671. Pardons (Board of), Administration.R671-514. Waiver and Pleas. R671-514-1. Waiver and Pleas. After the execution of a Board warrant, the offender shall be informed of the opportunity to admit, deny, or plead no contest to any or all the alleged parole violations. An admissi…

R671. Pardons (Board of), Administration.R671-515. Timeliness of Parole Revocation Hearings. R671-515-1. Timeliness of Parole Revocation Hearings. A Parole Revocation Hearing shall be conducted within 30 days after detention in a state prison, unless the parolee expressly waives …

R671. Pardons (Board of), Administration.R671-516. Parole Revocation Hearings. R671-516-1. Allegations. At the hearing, the hearing official shall: (a) inform the parolee of the parole violation allegations; (b) review the parolee's rights as to any guilty or no-contest pleas tha…

R671. Pardons (Board of), Administration.R671-517. Evidentiary Hearings and Proceedings. R671-517-1. Evidentiary Hearings and Proceedings. When a parolee has entered a not guilty plea to a parole violation allegation and the Board wishes to consider the allegation, the Board shal…

R671. Pardons (Board of), Administration.R671-519. Proceedings When Criminal Charges Result in Acquittal. R671-519-1. Proceedings When Criminal Charges Result in Acquittal. 1. If the basis for a parole revocation proceeding is a criminal charge of which the parolee is later acqui…

R671. Pardons (Board of), Administration.R671-520. Treatment of Confidential Testimony. R671-520-1. Treatment of Confidential Testimony. 1. Confidential testimony shall be admitted at an evidentiary hearing on an alleged parole violation. 2. The State shall make a specific, writt…

R671. Pardons (Board of), Administration.R671-522. Continuances Due to Pending Criminal Charges. R671-522-1. Continuances Due to Pending Criminal Charges. (1) The Board may, in its discretion, and in accordance with statute, continue hearings and scheduling reviews to allow for a…