R671-201. Original Hearing Schedule and Notice, R671. Pardons (Board of), Administration, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R671. Pardons (Board of), Administration

R671-201. Original Hearing Schedule and Notice

R671-201-1. Schedule and Notice

Latest version.

(1)(a) The Board shall schedule the month and year of an offender's original hearing, and provide notice to the offender, within 6 months of the offender's commitment to prison.

(b)(i) No original hearing may be scheduled for any offender whose prison commitment includes a sentence of death.

(ii) The Board may only consider parole for an offender whose prison commitment includes a sentence of Life Without Parole, pursuant to UCA Subsection 77-27-9(6).

(2) For purposes of this Rule, the following terms are defined:

(a) "Administrative Review" means the process by which the Board, by majority vote, reviews, deliberates, and schedules the month and year for an offender's original hearing.

(b) "Homicide Offense Commitment" means a prison commitment to serve a sentence for a conviction of aggravated murder (if the sentence includes the possibility of parole), murder, felony murder, manslaughter, child abuse homicide, negligent homicide, automobile homicide, homicide by assault, any attempt, conspiracy or solicitation to commit any of these offenses, or any other offense, regardless of title, description or severity, when it is known at the time of sentencing that the offense conduct resulted in the death of any person.

(c) "Sexual Offense Commitment" means a prison commitment to serve a sentence for a conviction of any crime for which an offender is defined as a kidnap offender pursuant to Utah Code Ann. Subsection 77-41-102(9); or for which an offender is defined as a sex offender pursuant to Utah Code Ann. Subsection 77-41-102(16); or any attempt, conspiracy or solicitation to commit any of the offenses listed in those sections.

(3) Within 6 months of an offender's commitment to prison, the Board shall conduct an administrative review and schedule a future date for an offender's original hearing, if the offender is committed to prison to serve a sentence for any:

(a) homicide offense commitment eligible for parole;

(b) commitment which includes a sentence of 25 years to life;

(d) commitment imposed if the offender was younger than 18 years of age at the time the offense was committed.

(4) When scheduling an original hearing by administrative review, if the Board obtains and consider additional information which was not available to the court or offender prior to or at the time of sentencing, the additional information shall be provided to the offender, who shall be afforded a minimum of 21 days to consider and respond to the additional information prior to the Board making a decision that schedules an original hearing.

(5) When scheduling an original hearing by administrative review, if the offender was less than 18 years of age at the time of the commitment offense and the offense is eligible for parole, the original hearing shall be scheduled no later than 15 years after the date of sentencing.

(6) If an administrative review is not used to schedule an offender's original hearing pursuant to this rule, the original hearing shall be scheduled as follows:

(a) after the service of 12 years if the most severe sentence imposed is for a first degree felony with a minimum sentence of 15 years to life;

(b) after the service of 7 years if the most severe sentence imposed is for a first degree felony with a minimum sentence of 10 years to life;

(c) after the service of 3 years for any first degree felony if the most severe sentence imposed is greater than 3 years to life but less than 10 years to life;

(d) after the service of 1 year if the most severe sentence imposed is for:

(i) a first degree felony and the sentence is for 3 years to life; or

(ii) a second degree felony sexual offense commitment;

(e) after the service of 6 months if the most severe sentence imposed is for:

(i) all other second degree felony commitments; or

(ii) a third degree felony sexual offense commitment;

(f) after the service of 3 months if the most severe sentence imposed is for any other third degree felony or class A misdemeanor commitments.

(7) An offender may request in writing that their original appearance and hearing before the Board be continued. The request shall specify the reasons supporting the request. The Board may grant or deny the offender's request in its sole discretion.

(8) The Board may depart from the schedule as provided by this rule if:

(a) an offender requests a delay or continuance;

(b) an offender has unadjudicated criminal charges pending at the time a hearing would normally be held;

(d) the Board determines that other unusual or extraordinary circumstances impact the scheduling of an original hearing.