No. 39421 (Change in Proposed Rule): Rule R671-316. Redetermination

DAR File No.: 39421
Filed: 08/11/2015 05:19:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Board received public comment recommending expanding the scope of the rule and for more clear language.

Summary of the rule or change:

Offenders with homicide commitments have original hearing dates set by administrative review. The original hearing date for these offenses may be many years in the future. The current rule does not allow any avenue for the offender to present new information and petition to change the original hearing date. The proposed rule allows an inmate to petition for a redetermination of the original hearing date. Additionally the Board used language more accessible to the public. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the July 1, 2015, issue of the Utah State Bulletin, on page 44. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 63G-3-201(3)
• Art. VII, Sec. 12
• Section 77-27-7
• Section 77-27-5
• Section 77-27-9

Anticipated cost or savings to:

the state budget:

The proposed change may allow more offenders to petition for redetermination of a prior Board decision. The Board anticipates the workload increase to be minimal and will absorb it with existing resources.

local governments:

Local governments do not participate in the setting of Board hearings and are not impacted by this rule.

small businesses:

Small businesses do not participate in parole hearings or the Board's decision-making process. Small businesses will not be affected.

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

The rule expands the scope of offenders who can petition for a redetermination of a prior Board decision. The rule increases the options available to the individual but does not constrain individuals to petition the Board.

Compliance costs for affected persons:

Filing a petition for redetermination does not have fee.

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

Businesses do not have a role in petitioning for redetermination or the Board's decision process. The proposed rule does not fiscally impact businesses.

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:

10/01/2015

This rule may become effective on:

10/12/2015

Authorized by:

Angela Micklos, Chair

RULE TEXT

R671. Pardons (Board of), Administration.

R671-316. Redetermination.

R671-316-1. Redetermination Review.

(1) [An]Redetermination is a process whereby the Department of Corrections (Department) or an offender may request that the Board review new, material, and significant information, or reconsider a prior decision.

(2) Redetermination of a previous decision may be considered if:

(a) the time requirements of this rule are met;

(b) the offender has no new criminal convictions since the entry of the decision for which redetermination is sought;

(c) the offender has no pending major disciplinary violations; and

(d) the Board finds that a significant and material change in circumstances has occurred which it has not previously considered.

(3) The Department or an offender may submit a redetermination request, asking the Board to [the Board requesting that the Board ]reconsider a [prior decision, if:

(a) the ]prior decision[granted parole, terminated the offender's sentence,], if:

(a) the decision ordered the expiration of [the offender's sentence or ]a life sentence, and at least ten years have passed since the Board's decision or any subsequent redetermination decision;

(b) the decision ordered a [re-hearing; and]release, rehearing, or expiration of any sentence not involving the expiration of a life sentence, and at least five years have passed since the Board's decision or any subsequent redetermination decision; or

[(b) the offender's current release or rehearing date is more than five years in the future..

] [(2) An offender may not seek a redetermination regarding ](c)(i) the decision set an original hearing [scheduled by the Board ]for a homicide offense, pursuant to Utah R. Admin. [R. 671]P. R671-201[.]-1(3)(a);

[(3)(a) An offender seeking a redetermination of a decision which expired a life sentence is eligible to petition for redetermination not sooner than ten years following the decision, and thereafter in ten year intervals.

(b) All other offenders seeking](ii) the original hearing was set more than fifteen years following the offender's arrival at the prison; and

(iii) at least ten years have passed since the administrative review decision or any subsequent redetermination [of a parole, termination, expiration or rehearing decision are eligible to petition for redetermination not sooner than five years following the decision, and thereafter in five year intervals]decision.

(4) A redetermination request shall[originate with and be signed by the offender, shall ]:

(a) clearly and specifically state [with particularity the grounds or]the reasons supporting the redetermination request[, and shall be routed through the offender's case worker.];

[(5) A petition ](b) include a current report detailing the offender's case action plan compliance, treatment participation and history, disciplinary history, and current risk assessment; and

(c) be signed by the offender if not submitted [through a caseworker shall also include a current progress report and, if]by the [caseworker supports]Department.

(5) If the request for redetermination[,]is not submitted by the Department, the Board may request that the Department review the request, provide any updated institutional, medical, or other report requested by the Board, and make a recommendation [with supporting rationale]regarding the request.

(6) The Board may make a decision regarding a redetermination request with or without a hearing.[All decisions are final and non-appealable.]

(7) If the Board denies a redetermination request, the decision shall be accompanied by a brief statement or rationale giving the reason for the denial.

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: 2015

Notice of Continuation: January 31, 2012

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