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Home » 2013 Issues » Vol. 2013, No. 8 (04/15/2013) » No. 37465 (Amendment): Rule R671-520. Treatment of Confidential Testimony

  No. 37465 (Amendment): Rule R671-520. Treatment of Confidential Testimony  

  • (Amendment)

    DAR File No.: 37465
    Filed: 03/29/2013 05:03:39 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The purpose of this rule is to detail procedures and policies with regard to how confidential testimony is treated in parole hearings.

    Summary of the rule or change:

    This rule change clarifies procedure and policy regarding the treatment of confidential testimony in hearings.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

    local governments:

    Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

    small businesses:

    Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

    Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

    Compliance costs for affected persons:

    There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure.

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

    The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board.

    Clark A. Harms, 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)
    AdministrationRoom 300
    448 E 6400 S
    SALT LAKE CITY, UT 84107-8530

    Direct questions regarding this rule to:

    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:

    05/15/2013

    This rule may become effective on:

    05/22/2013

    Authorized by:

    Clark Harms, Chairman

    RULE TEXT

    R671. Pardons (Board of),Administration.

    R671-520. Treatment of ConfidentialTestimony.

    R671-520-1. Treatment of ConfidentialTestimony.

    1. Confidential testimony shall be admitted at anevidentiary hearing on an alleged parole violation.[ under the following three-part procedure:]

    [1]2. The State shall make a specific, written preliminaryshowing of good cause for the testimony to be received incamera.

    [2]3. Upon a finding of [just]good cause for confidentiality, the Board shall conduct anin[ ]-camera inspection of the witness, the proffered testimony,and any supporting testimony to determine:

    a. the credibility and veracity of thewitness;

    b. the overall reliability of thetestimony itself; and

    c. whether keeping the informationconfidential will substantially impair the parolee's dueprocess rights to notice of the evidence or to confront andcross-examine adverse witnesses.

    4. If the Board is satisfied with the[se] three aspects in Subsection (3), it shall receive the testimony and giveit whatever weight it considers appropriate. An electronic recordshall be made of this in[ ]-camera proceeding.

    [3]5. A summary of the testimony taken in[ ]-camera shall be prepared for disclosure to the parolee,informing the parolee of the general nature of the testimonyreceived in[]-camera but without defeating the good cause found by theBoard for treating the information confidentially. This summaryshall be presented on the record at the public evidentiary hearingand the parolee shall be given an opportunity to respond.

     

    KEY: parole, confidential testimony,hearings

    Date of Enactment or Last Substantive Amendment: [October 10, 2007]2013

    Notice of Continuation: February 15,2013

    Authorizing, and Implemented orInterpreted Law: 77-27-5; 77-27-9; 77-27-11

     

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Document Information

Effective Date:
5/22/2013
Publication Date:
04/15/2013
Filed Date:
03/29/2013
Agencies:
Pardons (Board of),Administration
Rulemaking Authority:

Section 77-27-11

Section 77-27-5

Section 77-27-9

Authorized By:
Clark Harms, Chairman
DAR File No.:
37465
Related Chapter/Rule NO.: (1)
R671-520. Treatment of Confidential Testimony.