DAR File No. 30272

Pardons (Board Of), Administration

R671-308

Offender Hearing Assistance

NOTICE OF PROPOSED RULE

DAR File No.: 30272
Filed: 07/31/2007, 08:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule exists to define actions related to identifying competency to participate in Board hearings and the appointment of an assistant.

Summary of the rule or change:

This amendment provides clarification of who may provide assistance or representation to an offender at Board hearings.

State statutory or constitutional authorization for this rule:

Sections 77-27-9, 77-27-11, and 77-27-29

Anticipated cost or savings to:

the state budget:

None--The amendment does not introduce costs to the state associated with providing assistance to an offender at Board hearings.

local governments:

None--The amendment does not introduce costs to local government associated with providing assistance to an offender at Board hearings.

small businesses and persons other than businesses:

None--The amendment does not introduce costs to small businesses associated with providing assistance to an offender at Board hearings.

Compliance costs for affected persons:

There is no cost introduced for the affected persons to provide assistance to an offender at Board hearings.

Comments by the department head on the fiscal impact the rule may have on businesses:

It has been determined that there is no fiscal impact on business associated with this amendment. Curtis Garner, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Pardons (Board Of)
Administration
448 E 6400 S
SALT LAKE CITY UT 84107-8530

Direct questions regarding this rule to:

Nannette Johnson at the above address, by phone at 801-261-6485, by FAX at 801-261-6481, or by Internet E-mail at njohnson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2007

This rule may become effective on:

09/21/2007

Authorized by:

Curtis L Garner, Chairman

R671. Pardons (Board of), Administration.

R671-308. Offender Hearing Assistance.

R671-308-1. Offender Hearing Assistance.

[An offender]Offenders who [is]are deemed by the [Board]Hearing Official to be unable to effectively represent themselves at a[ Board] hearing [will]may be allowed to have any assistance [from another person]the Board determines is necessary to conduct an orderly hearing. This may include a Board-appointed representative.[ The person who is assisting must be approved by the Board.]

 

R671-308-2. Offender Hearing Legal [Council]Counsel.

At parole violation hearings where there are no new criminal convictions, an attorney may be retained by the State to represent parolees[ on a case by case basis]. [However, an]An alleged parole violator may choose to have [a ]private attorney [represent]representation [the offender at his/her]at the parolee's own expense.[

Except as otherwise provided by law, no person other than the offender may address the Board at any hearing except for the offender's attorney at a Parole Revocation hearing, or such persons as the Board may find necessary to the orderly conducting of any hearing.]

 

KEY: parole, inmates

Date of Enactment or Last Substantive Amendment: [February 12, 2003]2007

Notice of Continuation: September 25, 2002

Authorizing, and Implemented or Interpreted Law: 77-27-9; 77-27-11; 77-27-29