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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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R671-314. Compassionate Release |
| R671-314-1. Rule |
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Latest version.
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(1) The Board shall consider a compassionate release when specified exceptional circumstances exist. (2) A compassionate release request submitted on behalf of an offender does not limit or preclude other requests for special attention or redetermination consideration. (3) Compassionate release consideration shall be initiated upon the receipt of a written request, as specified herein, explaining the circumstances supporting the release. (4) The Board shall consider a compassionate release in the following exceptional circumstances: (a) Upon the request of the Department of Corrections (Department), if an offender's public safety and recidivism risk is significantly reduced due to the effects or symptoms of advancing age, medical infirmity, disease, or disability, or mental health disease or disability; (b) Upon the request of the Department if an offender suffers from a serious and persistent medical condition which requires extensive medical attention, nursing home care, or palliative care; or (c) Upon the request of the Department, offender, or other interested person, if an offender's immediate family member dies within 120 days of a previously scheduled release. (5) If the compassionate release request is submitted pursuant to paragraphs (4)(a) or (b), the request shall include a report from the Department detailing the specific effects, conditions, or symptoms to be considered; the treatments available; and, when possible, the prognosis of such effects, conditions, or symptoms. (6) For compassionate release requests submitted pursuant to paragraph (4)(c): (a) Immediate family member is defined as a parent, step-parent, spouse, child, sibling, grandparent, or grandchild; (b) The request shall be accompanied by a death certificate or other verification acceptable to the Board; and (c) The Board may request that the Department review the request, provide any institutional or other reports requested by the Board, and make a recommendation regarding the request. (7) Except as provided in section (8) of this rule, the Board may make a decision regarding a compassionate release with or without a hearing. (8) Before granting a compassionate release pursuant to this rule, the Board shall hold a hearing if the compassionate release would occur before an offender's original hearing. (9) Before granting a compassionate release without a hearing pursuant to this rule, the Board shall make a reasonable effort to contact, inform, and consider the input of any victim of record in the case for which the offender is incarcerated, if the victim of record has previously requested notice of hearings pursuant to Utah Code Subsection 77-38-3(8). |