DAR File No. 30326
This filing was published in the 09/01/2007, issue, Vol. 2007, No. 17, of the Utah State Bulletin.
Pardons (Board Of), Administration
R671-522-1
Continuance Due to Pending Criminal Charges
NOTICE OF PROPOSED RULE
DAR File No.: 30326
Filed: 08/15/2007, 11:23
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of the rule is to define how pending criminal charges are considered at Board hearings.
Summary of the rule or change:
The amendments to this rule simplify the definition of how the board considers pending charges at a hearing.
State statutory or constitutional authorization for this rule:
Sections 77-27-5, 77-27-9, and 77-27-11
Anticipated cost or savings to:
the state budget:
None--There are no costs or savings created for the state by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.
local governments:
None--There are no costs or savings created for local government by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.
small businesses and persons other than businesses:
None--There are no costs or savings created for small businesses by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.
Compliance costs for affected persons:
None--There are no costs or savings created for affected persons by the changes to this rule because the rule clarifies continuances of cases pending criminal charges.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have determined there is no fiscal impact on businesses 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:
10/01/2007
This rule may become effective on:
10/08/2007
Authorized by:
Curtis L Garner, Chairman
RULE TEXT
R671. Pardons (Board of), Administration.
R671-522. Continuances Due to Pending Criminal Charges.
R671-522-1. Continuances Due to Pending Criminal Charges.
The board may, in it's discretion, continue hearings
to allow for adjudication of new criminal charges.[The Board will limit
the continuance of hearings whenever possible.
Every effort possible is to be made to avoid the continuance of
hearings. This applies to all types of
hearings, i.e., originals, rehearings, parole violation, and rescission
hearings. Delays due to failure to prosecute
a pending charge or due to late or missing information will not be accepted. Continuance will not be approved beyond 60
days without Board approval. Hearings
will not be continued based on information suggesting that felony charges may
be filed. If a felony charge has been
filed and the case is actively being processed the scheduled Board hearing may
be continued. Hearings will not be
postponed for any pending misdemeanor cases except for parole violations where
it has been verified that the charges have been filed and court action is
moving forward. Hearings may be continued
for up to 60 days to allow the Department of Corrections to complete Post
Sentence Reports. Hearings will not be
continued due to late or missing Therapy Progress Reports or other information
unless the case has been routed to the Board and continued by the Board. Any case where a continuance has been
granted will be reviewed a minimum of every 60 days for a status update and
routed to the Board for reconsideration as needed based upon the Case Analyst's
judgment.]
KEY: parole, continuing, hearings
Date of
Enactment or Last Substantive Amendment:
[November 19, 2003]2007
Notice of Continuation: September 11, 2003
Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11
ADDITIONAL INFORMATION
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact 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
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 08/30/2007 2:11 PM