No. 39107 (Amendment): Section R671-303-1. Information Received, Maintained or Used by the Board

(Amendment)

DAR File No.: 39107
Filed: 02/03/2015 10:22:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Board discloses information used in making parole decisions to the individual before a hearing. This amendment controls how photographs are disclosed and makes technical corrections.

Summary of the rule or change:

Before a hearing, the Board discloses information to the offender that the Board will use in making a decision. This is an important part of due process so the offender can respond or correct information at the hearing. The proposed amendment adds photographs to the list of material disclosed and makes technical corrections.

State statutory or constitutional authorization for this rule:

• Title 63G, Chapter 2

Anticipated cost or savings to:

the state budget:

The amendment does not create cost or savings to the state budget. Before holding a hearing the Board discloses information to the offender so the offender can correct or respond to the information before the Board makes a decision. The proposed rule adds clarification about photographs but does not alter the fundamental process. The change will not create a cost or savings for the state budget.

local governments:

Local governments do not participate in parole hearings and are not affected by this change.

small businesses:

Small businesses do not participate in parole hearings and are not affected by this change.

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

The rule directs Board staff to disclose information to the offender. No other persons are involved in this process. The proposed rule does not apply to small business, business, or other government entities.

Compliance costs for affected persons:

The Board provides free copies of the information to the offender. Disclosing the additional information described in this rule change will also be at no cost to the offender.

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

This amendment does not create a fiscal impact for 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:

03/31/2015

Interested persons may attend a public hearing regarding this rule:

• 03/09/2015 08:00 AM, Board of Pardons, 448 E Winchester, Suite #300, Murray, UT

This rule may become effective on:

04/07/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-303. Information Received, Maintained or Used by the Board.

R671-303-1. Information Received, Maintained or Used by the Board.

(1) Offender Access to Information

(a)  Absent a security or safety concern, as determined by the Board, an offender will be provided access to the information being considered by the Board and given an opportunity to respond to such information, whenever the Board sets or extends the offender's parole or release date. If the Board determines offender access to information presents a security or safety concern, the offender will be provided a written summary of the material information being considered.

(b)  The Board, upon request or upon [it's]its own motion, may continue a hearing to allow submission of additional documentation or information. The Board will consider any relevant facts obtained at the hearing or later submitted by the offender, provided such later submitted information is received within [five (5)]fourteen (14) days following the hearing.

(c)  The Board will [also ]provide an offender with a copy of the records not provided for previous hearings and contained in the offender's file at least three days prior to any personal appearance hearing in which a parole or release date may be fixed or extended by the Board. Any additional information obtained by the Board after this initial disclosure will be provided to the offender at the beginning of the hearing. In such event, the offender will be given an opportunity to review the supplemental information before proceeding. If no additional time is requested by the offender, the hearing will proceed as scheduled.

(d)  For administrative routings to fix an original hearing date, the Board will only consider information available to the court at the time of sentencing. This information will be disclosed to the offender at the time of an original hearing.[This information will not be disclosed to the offender until the time of his/her original hearing, as it has already been disclosed in court.]

(2) Submission of Information

(a)  Other than concise and brief letters, or statements by the offender, all other materials, briefs or written memoranda or argument submitted by or on behalf of any person, in preparation for a hearing (excluding commutation hearings governed by Rule R671-312), shall be limited to no more than five (5) pages in length.

(b) Photographs may be submitted but should be relevant to the offense. The Department of Corrections limits the number of photographs that an inmate may possess and photographs of victims are contraband. Therefore the Board will disclose photographs at the beginning of a hearing. The offender may view the photographs but not retain them. As noted in section (1) the offender may request additional time to respond or submit supplemental information.

(c)  Submissions by legal counsel for or on behalf of an offender must be received by the Board no later than seven (7) days prior to any scheduled hearing.

(d)  The Board reserves the right to strike from the offender's file, and to refuse to accept or consider any material or submissions which are irrelevant, defamatory, or which do not otherwise conform to this rule.

 

KEY: inmates' rights, inmates, parole, records

Date of Enactment or Last Substantive Amendment: [June 29, 2010]2015

Notice of Continuation: January 31, 2012

Authorizing, and Implemented or Interpreted Law: 63G-2

 

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