No. 39419 (Change in Proposed Rule): Rule R671-201. Original Parole Grant Hearing Schedule and Notice

DAR File No.: 39419
Filed: 08/11/2015 04:39:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Newly enacted Section 77-27-5.4 offers a potential reduction of eight months to the time served in prison for inmates completing case action plan priorities. In order to afford the inmate the opportunity to take advantage of this Earned Time Program, the Board must set original hearings early enough that the inmate can complete treatment and receive the appropriate reduction without going over the sentencing guideline.

Summary of the rule or change:

The time frame for setting a hearing on a second degree felony sex offense will be reduced from 18 months to 12 months. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the July 1, 2015, issue of the Utah State Bulletin, on page 41. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 77-27-7
• Section 77-27-9
• Section 77-27-5
• Section 77-27-5.4

Anticipated cost or savings to:

the state budget:

Hearings are already conducted for each eligible sentence. The proposed changes do not increase or decrease the number of hearings. The change is to the timing of the hearing or how the date is set. The proposed changes do not increase costs or create savings for the state.

local governments:

Local governments do not participate in parole hearings. Changing the schedule does not affect local governments.

small businesses:

Small businesses do not participate in parole hearings. Changing the schedule does not affect small business.

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

Unless an individual is sentenced to life without parole, the individual will have a hearing with the Board. The proposed changes do not limit the hearings. The change is in how the hearing is scheduled.

Compliance costs for affected persons:

There is no cost to the individual for a parole hearing. The proposed change is in the way the original hearing date will be determined.

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

Business does not participate in parole hearings. There is no fiscal impact to business.

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:

10/01/2015

This rule may become effective on:

10/12/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-201. Original Hearing Schedule and Notice.

R671-201-1. Schedule and Notice.

(1)(a) Within six months of an offender's commitment to prison the Board shall give notice of the month and year in which the inmate's original hearing will be conducted.

(b) A minimum of seven 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, any attempt, conspiracy or solicitation to commit any of these offenses, and any other offense, regardless of title, description or severity, when it is known at the time of sentencing that the offense conduct resulted in the death of any person.

(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. Subsection 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 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 an original hearing.

(b) The Board shall determine, by majority vote, the month and year of an original hearing for an offender serving a homicide offense commitment.

(c) In setting an original hearing for a homicide offense commitment, the Board shall only consider information available to the court or offender at the time of sentencing.

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

(4) If the offender is less than 18 years of age at the time of commitment and the offense is eligible for parole, the case shall be routed to the Board as soon as practicable for the determination, by majority vote, of the month and year for an original hearing.

(5) 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 first degree felony commitments when the most severe sentence imposed and being served is a sentence greater than 15 years to life, excluding enhancements.

(b) After the service of seven years for first degree felony commitments when the most severe sentence imposed and being served is a sentence of 10 years to life, or 15 years to life, excluding enhancements.

(c) After the service of three years for all other first degree felony commitments.

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

(e) After the service of six months for all other second degree felony commitments.

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

(g) After the service of three months for all other third degree felony and class A misdemeanor commitments.

(6)(a) An offender may request that their original appearance and hearing before the Board be scheduled other than as provided by this rule. An offender's request shall 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.

(b) The Board may, in its discretion, depart from the schedule as provided by this rule if:

(i) an offender requests a continuance due to extraordinary circumstances;

(ii) an offender has unadjudicated criminal charges pending at the time a hearing would normally be scheduled;

(iii) a Class A misdemeanor commitment has expired prior to an original hearing; or

(iv) the Board determines that other unusual or extraordinary circumstances impact the setting of an original hearing.

 

KEY: parole, inmates, hearings

Date of Enactment or Last Substantive Amendment: 2015

Notice of Continuation: September 22, 2014

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 77-27-5, 77-27-7, 77-27-9