No. 38314 (Emergency Rule): Section R671-201-1. Schedule and Notice

DAR File No.: 38314
Filed: 02/26/2014 09:52:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

According to Section 77-27-7, when an offender is committed to the custody of the Department of Corrections, the Board of Pardons and Parole conducts a hearing to establish a release date. The schedule of hearings is determined by Rule R671-201. The previous rule defined homicide and sexual offense charges for purposes of scheduling a hearing. However, the definition did not include attempt, solicitation or conspiracy to commit a homicide or sexual offense.

Summary of the rule or change:

Attempt, solicitation, or conspiracy to commit a homicide or sexual offense will be scheduled the same as a homicide or sexual offense.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: Attempted homicide or sexual offenses are a serious concern for public safety and must be included in the definition of hearing schedules.

State statutory or constitutional authorization for this rule:

• Section 77-27-7

Anticipated cost or savings to:

the state budget:

The rule change does not alter the number of hearings conducted, only the scheduling of the hearings.

local governments:

The new rule only changes internal Board operations and does not affect any local government entity.

small businesses:

The rule changes the scheduling of parole hearings and does not affect small businesses.

persons other than small businesses, businesses, or local governmental entities:

The rule changes the scheduling of parole hearings and does not fiscally impact other persons.

Compliance costs for affected persons:

There is no cost to the offender. The rule only changes the scheduling of the hearing.

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

The new language only affects internal Board procedures, and has no affect on businesses, other state agencies, nor any city, town, county or other municipal entity.

Clark Harms, Chair

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:

• Greg Johnson at the above address, by phone at 801-261-6454, by FAX at 801-261-6481, or by Internet E-mail at [e-mail]

This rule is effective on:

03/01/2014

Authorized by:

Clark Harms, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

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

R671-201-1. Schedule and Notice.

(1) Within six months of an offender's commitment to prison the Board [will]shall 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.

(2)(a) Homicide offense commitment, for purposes of this rule, means a prison commitment to serve a sentence for a conviction of aggravated murder (if the sentence includes the possibility of parole), murder, felony murder, manslaughter, child abuse homicide, negligent homicide, automobile homicide, homicide by assault, or any attempt, conspiracy or solicitation to commit any of these offenses.

(b) Sexual offense commitment, for purposes of this rule, means a prison commitment to serve a sentence for a conviction of any crime for which an offender is defined as a kidnap offender pursuant to Utah Code Ann. §77-41-102(9); or for which an offender is defined as a sex offender pursuant to Utah Code Ann. Subsection 77-41-102(16); or any attempt, conspiracy or solicitation to commit any of the offenses listed in those sections.

(3)(a) All [felonies, where a life has been taken, will]homicide offense commitments eligible for parole shall be routed to the Board as soon as practicable for the determination of the month and year for [their]an original hearing[date]. In setting an original hearing for a homicide offense commitment, [T]the Board [will]shall only consider information available to the court or offender at the time of sentencing.

(b) Homicide offense commitments not eligible for parole (including sentences of life without parole or death) shall not be scheduled for original hearings.

(4) When an offender's prison commitment does not include a homicide offense commitment, an offender is eligible to have an original hearing before the Board as follows:

(a) After the service of fifteen years for[All] first degree felony[ies,] commitments[where death is not involved, and where] when 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].

(b) After the service of seven years for[All] first degree felony[ies,] commitments[where death is not involved, and where] when 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].

(c) After the service of three years for[A]all other first degree felony[ies,] commitments[ where death is not involved, will be eligible for a hearing after the service of three years].

(d) After the service of eighteen months if the most serious offense of incarceration is a second degree felony sexual offense commitment.

(e) After the service of six months for[A]all other second degree felony[ies, 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]commitments.

(f) After the service of twelve months if the most serious offense of incarceration is a third degree felony sexual offense commitment.

(g) After the service of three months for [A]all other third degree felony[ies, where a death is not involved,] and [all]class A misdemeanor[s, 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]commitments.

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

](5)(a) An offender[inmate] may request that their original appearance and hearing before the Board be scheduled other than as provided by this rule[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]. An offender's request[A petition by the inmate] shall [set out the special]specify the extraordinary circumstances or reasons which give rise to the request. The Board may grant or deny the offender's request in its sole discretion.[will notify the petitioner of its decision in writing as soon as possible.]

(b) The Board may, in its discretion, depart from the schedule as provided by this rule based upon an offender's request due to extraordinary circumstances, when an offender has unadjudicated criminal charges pending at the time a hearing would normally be scheduled, or upon its own motion.

 

KEY: parole, inmates, hearings

Date of Enactment or Last Substantive Amendment: March 1, 2014

Notice of Continuation: January 26, 2012

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

 

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