R671-313-1. Applicability

(1) For purposes of this Rule and the decisions, determinations and orders of the Utah Board of Pardons and Parole (Board), acting under its powers as authorized by the Utah Constitution, commutation may mean the change or reduction of the severity of a crime; the change or reduction of an imposed sentence; or the change or reduction of the type or level of offense. Commutation is an act of clemency. Commutation is not a conditional or unconditional pardon.

(2) No person has a right, privilege or entitlement to commutation or clemency.

(3) Petitions for commutation of a death sentence shall be governed by applicable state constitutional provisions, statutes and Utah Administrative Code, Rule R671-312.

(4) All other petitions seeking commutation of a Utah conviction or sentence shall be governed by applicable state constitutional provisions and statutes, and by this administrative rule.

(5) As used in this Rule, "subject" means the person whose conviction(s) or sentence(s) are sought to be commuted by the filing of a commutation petition with the Board.

(6) Any person, individually or through counsel, who has been convicted of any felony, Class A misdemeanor or Class B misdemeanor offense in this State, may petition the Board for commutation of such conviction(s) or sentence(s) entered or imposed in this state, except for cases of treason or impeachment.

(7) The Utah Attorney General; Assistant Attorneys General, as authorized by the Attorney General; any County Attorney or District Attorney; or any Deputy County or District Attorney as authorized by their elected County or District Attorney; may petition the Board, on behalf of any convicted person, for commutation of any such conviction or sentence entered or imposed in this state, except for cases of treason or impeachment.

(8) Any document, pleading, notice, attachment or other item which is submitted as part of the commutation petition, response, or subsequent pleadings shall be delivered to and filed with the Board's Administrative Coordinator, at the Board's offices.

(9) A commutation petition, any response thereto, and any subsequent pleading, submission or document submitted to the Board for consideration in relation to a commutation petition are considered public documents, unless the document is determined by the Board to be controlled, protected or private, pursuant to any other statute, law, rule or prior case law.

(10) Any order issued by the Board relating to a commutation petition is a public document.