No. 32067 (Amendment): R671-201. Original Parole Grant Hearing Schedule and Notice

DAR File No.: 32067
Filed: 10/16/2008, 03:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule details the schedule on which the Board conducts parole hearings and the change to this rule is intended to alter when offenders are eligible for parole hearings.

Summary of the rule or change:

This rule change alters when offenders will be eligible for parole hearings.

State statutory or constitutional authorization for this rule:

Section 77-27-7

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs or savings as the changes relate only to when the hearing will take place; no processes or expenses will be added due to these changes.

local governments:

None--The changes do not introduce costs or savings as the changes relate only to when the hearing will take place; no processes or expenses will be added due to these changes.

small businesses and persons other than businesses:

None--The changes do not introduce costs or savings as the changes relate only to when the hearing will take place; no processes or expenses will be added due to these changes.

Compliance costs for affected persons:

None--The changes do not introduce costs or savings as the changes relate only to when the hearing will take place; no processes or expenses will be added due to these changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

It has been determined that there is no fiscal impact on business associated with this amendment. Curtis Garner, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Pardons (Board Of)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Megan Flox-Lambert at the above address, by phone at 801-261-6456, by FAX at 801-261-6448, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Curtis L Garner, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-201. Original Parole Grant Hearing Schedule and Notice.

R671-201-1. Schedule and Notice.

Within six months of an offender's commitment to prison the Board will give notice of the month and year in which the inmate's original hearing will be conducted. A minimum of one week (7 calendar days) prior notice should be given regarding the specific day and approximate time of such hearing.

All felonies, where a life has been taken, will be routed to the Board as soon as practicable for the determination of the month and year for their original hearing date. The Board will only consider information available to the court at the time of sentencing.

All first degree felonies, where death is not involved, [will be eligible for a hearing after the service of three years. All second degree felonies, where death is not involved, will be eligible for a hearing after the service of six months unless the second degree is a sex offense and in those cases will be eligible for a hearing after the service of eighteen months.]and where the most severe sentence imposed and being served is a sentence of greater than fifteen (15) years to life, excluding enhancements, will be eligible for a hearing after the service of fifteen years.

All first degree felonies, where death is not involved, and where the most severe sentence imposed and being served is a sentence of ten(10) years to life, or fifteen (15) years to life, excluding enhancements, will be eligible for a hearing after the service of seven years.

All other first degree felonies, where death is not involved, will be eligible for a hearing after the service of three years.

All second degree felonies, where death is not involved, will be eligible for a hearing after the service of six months unless the second degree is a sex offense and in those cases will be eligible for a hearing after the service of eighteen months.

All third degree felonies, where a death is not involved, and all class A misdemeanors, will be eligible for a hearing after the service of three months unless the third degree felony is a sex offense and in those cases will be eligible for a hearing after the service of twelve months.

Excluded from the above provisions are inmates who are sentenced to death or life without parole.

An inmate may petition the Board to calendar him/her at a time other than the usual times designated above or the Board may do so on its own motion. A petition by the inmate shall set out the special reasons which give rise to the request. The Board will notify the petitioner of its decision in writing as soon as possible.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [May 16, 2003]2008

Notice of Continuation: July 25, 2007

Authorizing, and Implemented or Interpreted Law: 77-27-7