No. 30362 (Amendment): R671-311-1. General

DAR File No.: 30362
Filed: 08/23/2007, 12:24
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides information related to consideration for a special attention review or hearing at the Board of Pardons.

Summary of the rule or change:

The changes to this rule provide clarification on exceptional circumstances necessary to request a special attention review or hearing.

State statutory or constitutional authorization for this rule:

Sections 77-27-7, 77-27-5, 77-27-6, 77-27-10, and 77-27-11

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs to the state as changes relate to defining exceptional circumstances for special attention review or hearings.

local governments:

None--The changes do not introduce costs to local government as changes relate to defining exceptional circumstances for special attention review or hearings.

small businesses and persons other than businesses:

None--The changes do not introduce costs to small businesses as changes relate to defining exceptional circumstances for special attention review or hearings.

Compliance costs for affected persons:

None--The changes do not introduce costs to affected persons as changes relate to defining exceptional circumstances for special attention review or hearings.

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

I have reviewed the requested changes and determined there is no fiscal impact on businesses associated with changes for this rule. 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:

10/15/2007

This rule may become effective on:

10/22/2007

Authorized by:

Curtis L Garner, Chairman

RULE TEXT

R671. Pardons (Board of), Administration.

R671-311. Special Attention Hearings and Reviews.

R671-311-1. General.

In exceptional circumstances the board may adjust its prior decisions through a special attention review or hearing. This type of review or hearing may be used to adjust parole conditions, review board decisions, and grant relief when exceptional circumstances exist, or upon board initiative action.[This type of consideration is used to grant relief in special circumstances requiring action by the Board.] This process[action] is initiated by the receipt of a written request explaining the[indicating that] special circumstances [exist ]for which relief[a change in status] may be warranted. Exceptional[These] circumstances may[could] include, but are not limited to, illness of the offender requiring extensive medical attention, exceptional performance or progress in the institution, exceptional family circumstances, verified opportunity for employment and[exceptional opportunity for employment, exceptional family circumstances, and involves] information that was not previously considered by the Board. The board may request the Department of Corrections to review and make a recommendation on requests not submitted by the Department.[For Special Attentions that have not originated from or been processed through the Department of Corrections, the Board may request the Department review and make recommendations before taking action.]

Special Attention requests that are considered to be repetitive, frivolous or lacking in substantial merit may be placed in the offenders file without formal action or response.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [February 12, 2003]2007

Notice of Continuation: July 25, 2007

Authorizing, and Implemented or Interpreted Law: 77-27-7; 77-27-5; 77-27-6; 77-27-10; 77-27-11