No. 30322 (Amendment): R671-520. Treatment of Confidential Testimony

DAR File No.: 30322
Filed: 08/15/2007, 11:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule provides details of how confidential testimony will be treated at a board hearing.

Summary of the rule or change:

The changes clarify the processes to better define how the rule is implemented at a board hearing.

State statutory or constitutional authorization for this rule:

Sections 77-27-5, 77-27-9, and 77-27-11

Anticipated cost or savings to:

the state budget:

None--There is no cost or savings to the state generated by the changes to this rule because the amendment clarifies how the Board treats confidential information during hearings.

local governments:

None--There is no cost or savings to local government generated by the changes to this rule because the amendment clarifies how the Board treats confidential information during hearings.

small businesses and persons other than businesses:

None--There is no cost or savings to small businesses generated by the changes to this rule because the amendment clarifies how the Board treats confidential information during hearings.

Compliance costs for affected persons:

None--There is no cost or savings to affected persons generated by the changes to this rule because the amendment clarifies how the Board treats confidential information during hearings.

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

I have determined there is no fiscal impact on business associated with this amendment. Curtis Garner, 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)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Nannette Johnson at the above address, by phone at 801-261-6485, 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:

10/01/2007

This rule may become effective on:

10/08/2007

Authorized by:

Curtis L Garner, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-520. Treatment of Confidential Testimony.

R671-520-1. Treatment of Confidential Testimony.

Confidential testimony shall be admitted at an evidentiary hearing on an alleged parole violation under the following three-part procedure:

1. The State shall make a specific, written preliminary showing of good cause for the testimony to be received in camera.

2. Upon a finding of just cause for confidentiality, the Board shall conduct an in camera inspection of the witness, the proffered testimony, and any supporting testimony to determine:

a. the credibility and veracity of the witness;

b. the overall reliability of the testimony[witness] itself; and

c. whether[that] keeping the information confidential will [not ]substantially impair the parolee's due process rights to notice of the evidence or to confront and cross-examine adverse witnesses.

If the Board is satisfied with these three aspects, it shall receive the testimony and give it whatever weight it considers appropriate. An electronic record shall be made of this in camera proceeding.

3. 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 testimony received in camera but without defeating the good cause found by the Board for treating the information confidentially. This summary shall be presented on the record at the public evidentiary hearing and the parolee shall be given an opportunity to respond.

 

KEY: parole, confidential testimony, hearings

Date of Enactment or Last Substantive Amendment: [January 1, 1999]2007

Notice of Continuation: September 11, 2003

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