No. 39544 (Emergency Rule): Rule R671-204. Hearing Continuances

DAR File No.: 39544
Filed: 07/27/2015 05:04:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The sentencing guidelines published by the Sentencing Commission specify the guidelines apply unless a hearing is continued according to Board rule. At this time, the Board does not have a published rule about continuing hearings. A rule must be enacted to comply with the sentencing guidelines.

Summary of the rule or change:

The rule defines the conditions when a hearing may be continued and limits the time a hearing may be continued without a majority vote of the Board. The rule prohibits continuing a hearing beyond the expiration of the sentence. (DAR NOTE: A proposed new Rule R671-204 is under DAR No. 39545 in this issue, August 15, 2015, of the Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: The sentencing guidelines are created by the Utah Sentencing Commission. The guidelines are applicable to a case unless a hearing is continued according Board rule. The Board must create a rule to comply with the sentencing guidelines.

State statutory or constitutional authorization for this rule:

• Section 77-27-7

Anticipated cost or savings to:

the state budget:

The Board currently continues hearings by practice but does not have a rule in place. The rule creates more transparency about how the Board operates but will not increase costs or create savings.

local governments:

Local governments do not participate in Board hearings and will not be affected by this rule.

small businesses:

This rule governs how the Board continues hearings. No requirements are imposed on small business. Small business does not participate in Board hearings.

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

The rule creates an avenue for an inmate or victim to request a continuance.

Compliance costs for affected persons:

The Board does not charge for hearings or continuances. There are no compliance costs.

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

Parole hearings are conducted with individuals in prison. Businesses do not have a role in the parole hearing.

Angela Micklos, Board 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]

This rule is effective on:

07/27/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-204. Hearing Continuances.

R671-204-1. Permissible Hearing Continuances.

Board hearings may be continued:

(1) to inquire into, investigate, assess, or respond to any issue associated with a:

(a) possible lack of competency of the offender, pursuant to Utah Code Ann. Sections 77-15-2, 77-15-3 or Utah Admin. Rule R671-206; or

(b) mentally ill offender whose mental health has deteriorated to a point where the offender has been transferred to the state hospital, or whose mental illness renders the offender unable to attend, understand, or appropriately participate in a hearing, pursuant to Utah Code Ann. Sections 62A-15-605, 62A-15-605.5, 77-16a-204, Utah R. Admin. P. R207-1, R207-2 or R671-207;

(2) when the offender is not available for the hearing due to medical or mental health reasons;

(3) to allow an offender who has been determined by the Board to be unable to effectively represent themselves to obtain assistance at the hearing, pursuant to Utah R. Admin. P. R671-308;

(4) to allow for the personal appearance of the offender if the offender is unable to appear at the hearing as scheduled;

(5) upon the request of a victim of record who desires to participate in the hearing, pursuant to Utah R. Admin. P. R671-203, but who cannot reasonably attend the hearing as scheduled;

(6) to await the adjudication or resolution of new or additional criminal charges;

(7) to conduct a parole violation evidentiary hearing, pursuant to Utah R. Admin. P. R671-517;

(8) at the motion or request of the offender or an attorney representing the offender, with a written waiver and stipulation for the continuance;

(9) when the Board determines that new, additional, critical, or material information necessary for a full, fair, accurate, and complete hearing has not been received and will not be received by the scheduled hearing; or

(10) when the Board finds that a continuance is in the interest of justice, procedural economy, or is necessary because of transportation, technical, security, or other issues beyond the control of the Board.

 

R671-204-2. Limitations.

(1) Staff may not reschedule or continue original hearings, rescission hearings, or rehearings beyond 90 days unless a majority of the Board concurs with the continuance.

(2) No hearing may be continued beyond an offender's sentence expiration date.

 

KEY: continuances, hearings, parole

Date of Enactment or Last Substantive Amendment: July 27, 2015

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 63G-3-201(3); 77-27-5; 77-27-7; 77-27-9

 

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