No. 35758 (5-year Review): Rule R671-206. Competency of Offenders

DAR File No.: 35758
Filed: 02/01/2012 08:24:22 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 77-15-3, 77-15-5, 77-27-2, and 77-27-7 require that offender competency be determined and competency hearings may be held. Rule R671-206 is enacted under those provisions.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes guidelines for determining competency or incompetency to ensure due process to all offenders. Therefore, this rule should be continued.

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

Pardons (Board Of)
AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530

Direct questions regarding this rule to:

• John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at [e-mail]

Authorized by:

Clark Harms, Chairman

Effective:

02/01/2012

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