Utah Administrative Code (Current through November 1, 2019) |
R671. Pardons (Board of), Administration |
R671-311. Special Attention Reviews, Hearings and Decisions |
R671-311-1. Special Attention Reviews and Decisions
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(1) The Board may use special attention reviews or hearings to adjust parole conditions, review prior board decisions, and modify prior decisions when exceptional circumstances exist.
(2) Special attention reviews shall be initiated by Board staff when necessary to correct clerical or other errors in Board orders, or upon the receipt of a written request explaining the exceptional circumstances for which modification is sought.
(3) Exceptional circumstances which may result in a special attention review and decision may include, but are not limited to:
(a) clerical errors in a prior order;
(b) changes to the special conditions of parole requested by the Department of Corrections (Department);
(c) determination of restitution obligations;
(d) payment of restitution obligations prior to release;
(e) reinstatement of a rescinded release prior to a rescission hearing;
(f) modification of a prior decision due to changes in credit for time served as calculated by the Board;
(g) modification of a prior decision due to changes in applicable guidelines as calculated by the Board;
(h) granting alternative events in lieu of revocation for parole violations;
(i) imposing parole violation sanctions pursuant to a request from the Department and a waiver from the offender;
(j) granting incentives and parole condition changes pursuant to a request from the Department;
(k) exceptional performance or progress in the institution;
(l) case action plan completion or compliance over a significant period of time;
(m) Earned Time adjustments made pursuant to R671-311-3;
(n) exceptional circumstances not previously considered by the Board; or
(o) review of new and significant information not previously considered by the Board.
(4) Unless the request for a special attention review is made by the Department or Board staff, the Board shall request that the Department review the request, and make a recommendation.
(5) Special attention requests that are repetitive, frivolous, or lacking in substantial merit shall be summarily denied and placed in the offender's file without formal action or response.
(6) Unless otherwise ordered by the Board, special attention reviews shall be processed administratively based on written or electronic reports supplied to the Board without the personal appearance of the offender.