No. 34119 (Amendment): Rule R671-308. Offender Hearing Assistance

(Amendment)

DAR File No.: 34119
Filed: 09/28/2010 07:46:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change clarifies the roles of attorneys in parole violation hearings, pardon hearings and commutation hearings.

Summary of the rule or change:

This rule change clarifies the roles of attorneys in parole violation hearings, pardon hearings and commutation hearings.

State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:

the state budget:

It has been determined that the state's budget will not be affected by this rule amendment because it is only a role clarification.

local governments:

It has been determined that local government's budget will not be affected by this rule amendment because it is only a role clarification.

small businesses:

It has been determined that the budgets of small businesses will not be affected by this rule amendment because it is only a role clarification.

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

It has been determined that the budgets of other persons will not be affected by this rule amendment because it is only a role clarification.

Compliance costs for affected persons:

There are no compliance costs for affected persons because this rule amendment is only a role clarification.

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

There will be no fiscal impact to any state or municipal department, agency or entity.

Clark A. Harms, 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:
- John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov
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:

11/15/2010

This rule may become effective on:

11/22/2010

Authorized by:

Clark Harms, Chairman
RULE TEXT

R671. Pardons (Board of), Administration.

R671-308. Offender Hearing Assistance.

R671-308-1. Offender Hearing Assistance.

Offenders who are deemed by the Board or a Hearing Official to be unable to effectively represent themselves at a hearing may be allowed to have any assistance the Board determines is necessary to conduct an orderly hearing. This may include a Board-appointed representative.

R671-308-2. Offender [ ~~Hearing~~ ]Legal Counsel Hearings.

(a) At parole violation hearings including evidentiary hearings, where there are no new criminal convictions, an attorney may be [~~retained by the State~~]assigned to represent parolees at State expense.

(b) An alleged parole violator may choose instead to have private attorney representation at the parolee's own expense. In each case, an offender's attorney must be admitted and licensed to practice law within the state of Utah, as defined by Utah Code Ann. Section 78A-9-103 (1953, as amended) and must comply with the Board's Administrative Rules, including Rule R671-103, Attorneys.

R671-308-3. Offender Legal Counsel -- Pardon and Commutation Hearings.

(a) In pardon or commutation proceedings, an offender or petitioner has no right, requirement or entitlement to legal representation or appointed counsel before the Board.

(b) A pardon or commutation petitioner may hire their own attorney, at their own expense, to appear or represent the petitioner before the Board. Any person representing a petitioner must meet the requirements of Subsection R671-308-2(b) and must comply with the Board's Administrative Rules.

KEY: parole, inmates

Date of Enactement or Last Substantive Amendment: [~~September 27, 2007~~]2010

Notice of Continuation: July 25, 2007

Authorizing, Implemented, or Interpreted Law: 77-27-5; 77-27-9; 77-27-11; 77-27-29; 78A-9-103