Utah Administrative Code (Current through November 1, 2019) |
R671. Pardons (Board of), Administration |
R671-203. Victim Input and Notification |
R671-203-1. General Provisions
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For purposes of Utah Administrative Code, Title R671 and all rules contained therein:
(1) "Victim" means:
(a) A natural person against whom an offender, as a principal, accomplice or party to the offense, committed a criminal offense for which a conviction was entered and for which the Board of Pardons and Parole (Board) has jurisdiction;
(b) A natural person originally named in an allegation of criminal conduct who is not a victim of the offense of Board jurisdiction to which the defendant entered a negotiated plea of guilty; or
(c) A victim representative as provided herein.
(2) "Victim Representative" means: a person designated by a victim or by this rule to represent a victim during Board processes, hearings, or communications.
(3) Pursuant to Utah Code Ann. Subsection 77-27-13(2), the Department of Corrections shall provide the Board with all available information in its records or possession concerning the impact a crime may have had upon the victim or victim's family.
(4)(a) Pursuant to Utah Code Ann. Subsection 77-27-13(5)(a), within 30 days from the date of sentencing the prosecutor of the case responsible for an offender's arrest, conviction, and sentence, shall forward to the Board any victim impact statement in its possession that refers to any physical, mental, or economic loss suffered by the victim or victim's family.
(b) Upon request of the Board pursuant to Utah Code Ann. Subsection 77-27-13(4), any other law enforcement official responsible for an offender's arrest, prosecution, conviction, sentence, supervision or incarceration, shall forward to the Board any victim impact statement in its possession that refers to any victim contact information or any physical, mental, or economic loss suffered by the victim or victim's family.
(5) No victim or victim representative appearing at a hearing may be photographed without the approval of the victim, victim representative, and the presiding hearing official.
(6)(a) Victims are encouraged to:
(i) visit the Board's website (bop.utah.gov) as soon as possible to obtain information about Board procedures; and
(ii) provide information to the Board for future notifications.
(b) The Board shall maintain information in written form and on its website (bop.utah.gov) for victims about Board procedures, victim notification, attending hearings, submitting victim impact information, and testifying at hearings.
(7) Victims may contact the Board, after any parole hearing, for information concerning the outcome of that hearing. Victims may also contact the Department of Corrections for information on offender releases.
(8) All persons attending hearings must comply with the security and clearance regulations of the facility where the hearing is held. These regulations include picture identification, appropriate dress, and no contraband. Contraband for this purpose includes but is not limited to purses/bags, cell phones, and other electronic devices. Visitors should arrive at the facility 15 to 20 minutes prior to the scheduled hearing to allow adequate time for the security clearance.