No. 39420 (Amendment): Rule R671-205. Credit for Time Served

(Amendment)

DAR File No.: 39420
Filed: 06/02/2015 02:16:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 348 from the 2015 General Session expands the definition of credit for time served against a prison sentence. The Board is updating the rule to comply with the statute.

Summary of the rule or change:

When probation is revoked and the individual sentenced to prison, the proposed change grants credit for time served in jail as a condition of probation or for a probation violation prior to the revocation.

State statutory or constitutional authorization for this rule:

• Subsection 77-18-1(12)(e)(iv)
• Subsection 77-18-1(11)(a)(iii)

Anticipated cost or savings to:

the state budget:

Granting increased credit for time served may reduce the length of prison stays and may create savings for the Department of Corrections. However, the Board will still be conducting the same number of hearings and will not experience a savings. The Board currently calculates credit for time served. Changing the method of calculation will not increase costs to the Board.

local governments:

The proposed change does not impact local government because the proposed rule affects only the operations of the board. No requirements are placed on local government.

small businesses:

The proposed change does not impact small business because the proposed rule affects only the operations of the board. No requirements are placed on small business.

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

The proposed rule does not have any fiscal impact on business because the rule applies to internal Board operations. The proposed rule increases the number of circumstances in which the Board will grant credit for time served against a prison sentence. There are no compliance costs or actions required of anyone outside of the Board.

Compliance costs for affected persons:

There is no cost to the individual for a parole hearing. The change expands the definition of credit for time served. It will have the general effect of granting more credit to individuals who were on probation and spent time in jail before being sentenced to prison.

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

The proposed rule does not have any fiscal impact on business because the rule applies to internal Board operations. The proposed rule increases the number of circumstances in which the Board will grant credit for time served against a prison sentence.

Angela Micklos, 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]

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:

07/31/2015

Interested persons may attend a public hearing regarding this rule:

• 07/13/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite 300, Murray, UT

This rule may become effective on:

08/10/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-205. Credit for Time Served.

R671-205-1. Definitions[Policy].

(1) "Custody", for purposes of this rule, means that a person is held in jail or prison, and includes a person who is:

(a) in the custody of a peace officer pursuant to a lawful arrest;

(b) a minor confined in a facility operated by the Division of Juvenile Justice Services, following conviction as an adult in district court, when the district court obtained jurisdiction over the minor pursuant to Utah Code sections 78A-6-701, 78A-6-702, or 78A-6-703; or

(c) committed to the Department of Corrections, but who is housed at the Utah State Hospital or other medical facility.

(2)(a) "Sentence", for purposes of this rule, means a judgment, sentence, or commitment issued by a district court pursuant to Utah Code Section 77-18-1 for a criminal conviction and over which the Board has prison release jurisdiction.

(b) When a person is sentenced to prison after being convicted in multiple counts in the same criminal case, or after being convicted in multiple cases, credit for time served will be calculated separately for each sentence.

 

R671-205-2. Credit for Time Served.

(1) Credit for time served shall be granted by the Board against the expiration date of a prison sentence for time an offender actually served in custody if, prior to being sentenced to prison, the offender was held in custody in connection with the specific sentence:

(a) while awaiting trial, conviction, or imposition of the sentence;

(b) while on probation and awaiting a hearing or decision regarding probation violation allegations;

(c) as a condition of probation following the imposition of a suspended prison sentence, if the offender is later committed to prison on or after October 1, 2015;

(d) as a sanction for a violation of probation, following the revocation and re-start or re-imposition of probation, if the offender is later committed to prison on or after October 1, 2015;

(e) as a response to a violation of probation, pursuant to the AP&P Response and Incentive Matrix, if the offender is later committed to prison on or after October 1, 2015.

[(1) Credit for time served will be granted against the expiration date on a crime of commitment when:

] [(a)](f) [a conviction]that is reversed, vacated, or otherwise set aside, if [and there is ]a subsequent prison sentence [commitment]is imposed for the same criminal conduct;

[(b)](g) [a commitment is made ]at[to] the Utah State Hospital following[pursuant to] a "guilty and mentally ill" conviction; or

[(c)](h) [time is spent in custody ]outside the State of Utah based solely on [the]a Utah warrant[;]issued in connection with the sentence under Board jurisdiction.

[(d)](2) [the]The Board [deems such]may, in its discretion, grant credit for time served in other, extraordinary circumstances.[ credit just under the circumstances; or

(e) credit is otherwise required by law.]

 

R671-205-3. Exclusions.

Credit for time served may not be granted for any period of custody served:

(1) for an arrest, pre-trial detention, probation, commitment, case, conviction, or sentence over which the Board has no jurisdiction;

(2) [No credit will be given for time spent in custody ]at the Utah State Hospital or comparable non-prison, psychiatric facility while [the]an offender : (a) is undergoing pre-trial competency proceedings or investigations; or (b) has been committed to a facility for competency restoration following a[judicially-declared incompetent.]judicial finding of incompetence;

(3) in a medical or other treatment facility while under court supervision;

(4) under home-confinement, house arrest, in a community correctional center, or in any other treatment facility while under court supervision; or

(5) for an arrest, pre-trial detention, probation, commitment, or sentence while under the jurisdiction of the federal government.

 

R671-205-4. Concurrent and Consecutive Sentencing.

(1) If an offender is committed to prison for more than one sentence, credit for time served shall be calculated for each sentence separately.

(2) If an offender is committed to prison to serve consecutive sentences, only the credit for time served attributable to the consecutive sentence shall be granted against that sentence, and the consecutive sentence shall begin only following the expiration of all prior sentences.

(3) If an offender is serving one or more prison sentences, and a subsequent prison sentence is imposed concurrently, credit for time served shall begin on the date the subsequent prison sentence is imposed.

(4) If an offender is serving one or more prison sentences, and a subsequent prison sentence is imposed consecutively, credit for time served may not be granted toward the consecutive sentence, and the consecutive sentence shall begin only following the expiration of all prior sentences.

 

R671-205-5. Verification of Time Served Required.

[(3)](1) The Board shall only grant credit for time served if[If no record of official detention time is found in the Board file, the Board will presume that none was served]the time in custody is documented in official records of the court and facility of custody.

(2) If an[In cases where the] offender desires credit in addition to that granted by the Board, the offender bears the burden [is on the offender ]to [request it]petition for, and [to ]provide copies of records supporting , the [claim of time spent in custody]additional credit.

 

KEY: [capital punishment,]credit for time served, prison release, parole[, government hearings]

Date of Enactment or Last Substantive Amendment: [December 9, 1998]2015

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 77-18-1(11)(a)(iii); 77-18-1(12)(e)(iv); 77-27-5; 77-27-7; 77-27-9[; 77-19-7]

 

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