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Utah Administrative Code (Current through November 1, 2019) |
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R671. Pardons (Board of), Administration |
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R671-206. Competency of Offenders |
| R671-206-1. Incompetence for Board Proceedings Defined |
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Latest version.
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For purposes of the proceedings of the Board of Pardons and Parole (Board), an offender is incompetent to proceed if the offender is suffering from a mental disorder or intellectual disability resulting in either: (1) an inability to have a rational and factual understanding of a pending Board hearing; or (2) an inability to consult with counsel and participate in a hearing with a reasonable degree of rational understanding. |
| R671-206-2. Stay to Determine Offender Competence |
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Latest version.
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(1) If a Board member or hearing official, Department of Corrections (Department) agent or employee, counsel for the State, or counsel for an offender has reason to believe that an offender may be incompetent as defined herein or as defined in UCA 77-15-2, all proceedings shall be stayed pending a decision by the Board regarding the offender's competence. (2) A stay of proceedings under this rule does not toll any time served nor does it affect an offender's sentence expiration date. |
| R671-206-3. Proceedings When Competence Is Questioned |
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Latest version.
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If there is reason to believe that an offender is or may be incompetent, the Board may: (1) request a mental health evaluation from the Department or a private mental health expert to assist in determining whether the offender is competent or is likely to become competent while housed in the custody of the Department; (2) appoint one or more contract psychologists to examine the offender and report in writing to the Board, specifically addressing the issue of competency, as defined herein and in UCA Subsection 77-27-7(5); or (3) request that the Board's counsel from the Attorney General's office file a petition on behalf of the Board with the district court for a competency hearing pursuant to UCA Section 77-15-3. |
| R671-206-4. Determination of Competence |
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Latest version.
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If the Board or the district court, pursuant to UCA Section 77-15-3, determines the offender is competent, the Board shall proceed with scheduled hearings or other actions. |