No. 30326 (Amendment): R671-522-1. Continuance Due to Pending Criminal Charges

DAR File No.: 30326
Filed: 08/15/2007, 11:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to define how pending criminal charges are considered at Board hearings.

Summary of the rule or change:

The amendments to this rule simplify the definition of how the board considers pending charges at a 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 are no costs or savings created for the state by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.

local governments:

None--There are no costs or savings created for local government by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.

small businesses and persons other than businesses:

None--There are no costs or savings created for small businesses by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.

Compliance costs for affected persons:

None--There are no costs or savings created for affected persons by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.

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

I have determined there is no fiscal impact on businesses 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.

R671-522. Continuances Due to Pending Criminal Charges.

R671-522-1. Continuances Due to Pending Criminal Charges.

The board may, in it's discretion, continue hearings to allow for adjudication of new criminal charges.[The Board will limit the continuance of hearings whenever possible. Every effort possible is to be made to avoid the continuance of hearings. This applies to all types of hearings, i.e., originals, rehearings, parole violation, and rescission hearings. Delays due to failure to prosecute a pending charge or due to late or missing information will not be accepted. Continuance will not be approved beyond 60 days without Board approval. Hearings will not be continued based on information suggesting that felony charges may be filed. If a felony charge has been filed and the case is actively being processed the scheduled Board hearing may be continued. Hearings will not be postponed for any pending misdemeanor cases except for parole violations where it has been verified that the charges have been filed and court action is moving forward. Hearings may be continued for up to 60 days to allow the Department of Corrections to complete Post Sentence Reports. Hearings will not be continued due to late or missing Therapy Progress Reports or other information unless the case has been routed to the Board and continued by the Board. Any case where a continuance has been granted will be reviewed a minimum of every 60 days for a status update and routed to the Board for reconsideration as needed based upon the Case Analyst's judgment.]

 

KEY: parole, continuing, hearings

Date of Enactment or Last Substantive Amendment: [November 19, 2003]2007

Notice of Continuation: September 11, 2003

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