No. 30039 (Amendment): R251-401-3. Policy

DAR File No.: 30039
Filed: 06/07/2007, 07:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is due for the five-year review and this amendment will bring it into closer compliance with Section 64-13-21, and the current working policies of the Department of Corrections.

Summary of the rule or change:

Section 64-13-21 states supervision fees may be waived if the offender owes restitution to a victim. This rule did not previously contain this condition, and adding it will correct this oversight.

State statutory or constitutional authorization for this rule:

Section 64-13-21

Anticipated cost or savings to:

the state budget:

There should be no change in cost or savings to the state budget. The Department of Corrections is in compliance with the wording in Section 64-13-21, and the Department's policies and procedures which are based on this section, which allow a hardship reduction in fees for restitution. This correction brings the rule wording into compliance with both the law and current practices, and should not affect the budget.

local governments:

There are no anticipated costs or savings to local government because the rule only applies to offenders under the jurisdiction of the State Department of Corrections.

other persons:

There are no anticipated costs or savings to other persons because the rule only applies to offenders under the jurisdiction of the State Department of Corrections.

Compliance costs for affected persons:

There should not be any change in compliance costs for offenders, since the law and policies of the Department under which fees are being managed are not being changed, only the rule wording.

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

There will be no fiscal impact on businesses by this rule amendment. Thomas E. Patterson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER UT 84020-9549

Direct questions regarding this rule to:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, 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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Thomas E. Patterson, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-401. Supervision Fees.

R251-401-3. Policy.

It is the policy of the Department that:

(1) in accordance with Section 64-13-21, offenders on probation or parole shall be assessed a monthly supervision fee of $30.00 if the offense was committed after May 3, 1993;

(2) court- or Board-ordered supervision fees may be waived if the order would create a substantial hardship as determined by the supervising agent and a supervisor or if the offender owes restitution to a victim;

(3) if the offender disagrees with a non-hardship finding, the decision may be appealed up to the appropriate Regional Administrator, whose decision shall be binding;

(4) offenders required to pay supervision fees shall be provided with written procedures regarding the appeal process;

(4) former offenders who had a fee suspension or waiver when their supervision ended, shall not automatically assume the same status if placed on probation or parole again;

(5) offenders who obtain a suspension or waiver shall not be eligible for a refund of any fees previously paid; and

(6) eligible offenders shall reapply for a suspension or waiver of supervision fees each time they are placed on probation or parole.

 

KEY: fees, supervision, offenders

Date of Enactment or Last Substantive Amendment: [1994]2007

Notice of Continuation: September 11, 2002

Authorizing, and Implemented or Interpreted Law: 64-13-21