DAR File No. 30273

Pardons (Board Of), Administration

R671-403

Restitution

NOTICE OF PROPOSED RULE

DAR File No.: 30273
Filed: 07/31/2007, 08:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides the process for considering restitution ordered by the Courts, Department of Corrections, or other criminal justice agencies.

Summary of the rule or change:

The changes to this rule clarify the instances when the Board will consider restitution.

State statutory or constitutional authorization for this rule:

Section 77-27-5, 77-27-6, and 77-27-5.5

Anticipated cost or savings to:

the state budget:

None--The amendment does not introduce costs to the State associated with considering restitution at a Board hearing.

local governments:

None--The amendment does not introduce costs to local government associated with considering restitution at a Board hearing.

small businesses and persons other than businesses:

None--The amendment does not introduce costs to small businesses associated with considering restitution at a Board hearing.

Compliance costs for affected persons:

There is no cost incurred by the affected persons for the Board to consider restitution at a Board hearing.

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.

R671-403. Restitution.

R671-403-1. Policy.

The Board [will]shall consider restitution in all cases where restitution has been ordered by the court, when requested by the Department of Corrections or other criminal justice agencies, or other appropriate cases.

 

R671-403-2. Procedure.

[In cases where restitution has been ordered by the court and is included as part of the judgment and commitment, the Board will consider whether affirming such restitution is appropriate and whether persons have or are prepared to make restitution. The board may also originate orders of restitution on any crime(s) of commitment.

The Board will consider ordering restitution or affirming court ordered restitution in the following instances:

1. When ordered by the sentencing court and the order is included as part of the judgment and commitment provided to the Board by the court except for class B and class C misdemeanors;

2. When ordered by or as a part of a disciplinary proceeding as a result of misconduct;

3. When requested by the Department of Corrections or other criminal justice agency for the costs of extradition or return to custody;

4. When requested by the Department of Corrections for the costs of programs such as unpaid fees at community correction centers, therapy or other service fees, and after attempts to collect from the offender have repeatedly failed; and

5. When new information is made available which was not available to the court at the sentencing or restitution hearing, under the following procedure:

The Board may request that the Department of Corrections investigate the matter and the background and ability of the offender to pay and provide the Board with a written report and recommendation.

A restitution hearing may be conducted by a Board panel or hearing officer. Prior to the hearing, the offender and the victim(s) will be notified in writing of the hearing and will be provided with copies of the investigative report and other documentation unless it is of a confidential nature. The offender and the victim(s) will have the right to be present at the hearing and present evidence in their behalf. Where hearings are conducted by a hearing officer, the hearing officer will make a written report and recommendation to the Board which will be considered in a regularly scheduled Board meeting.]The Board may originate orders of restitution on any crime(s) of commitment in accordance with UCA 77-38a-302.

The Board shall affirm court-ordered restitution in accordance with UCA 77-38a-302.

The Board may consider ordering restitution in the following instances:

A. When ordered by or as part of a disciplinary proceeding as a result of inappropriate behavior;

B. When requested by the Department of Corrections or other criminal justice agency for the costs of extradition or return to custody.

C. When requested by the Department of Corrections for the costs of programs such as unpaid fees at community correction centers, therapy or other service fees; and

D. When new information is made available that was not available to the court at the time of sentencing or prior restitution hearing.

The Board may conduct a restitution hearing to determine the amount of restitution owed by an offender. The Board will make a reasonable effort to inform both the offender and the victim(s) of the hearing and will provide copies of rules and investigative reports and other documentation. The offender and the victim(s) shall have the right to be present at the hearing and present evidence in their behalf.

 

KEY: restitution, government hearings, parole

Date of Enactment or Last Substantive Amendment: [January 1, 1999]2007

Notice of Continuation: February 18, 2003

Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-6; 77-27-5.5