No. 37341 (5-year Review): Rule R671-312. Commutation Hearings for Death Penalty Cases

DAR File No.: 37341
Filed: 02/15/2013 10:02:34 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:

Section 77-19-7 states: The judge of a court where a judgment of death was had shall, immediately after the conviction, transmit to the chair of the Board of Pardons and Parole a statement of the conviction and judgment and a summary of the evidence given at trial. Art VII, Sec 12 states that: The Board of Pardons and Parole, by majority vote and upon other conditions as provided by statute, may commute punishments.

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 written 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:

The Board of Pardons must have this rule in order to establish procedures applicable to commutation petitions for any person sentenced to the death penalty. 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:

02/15/2013

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