DAR File No. 30361

Pardons (Board Of), Administration

R671-315

Pardons

NOTICE OF PROPOSED RULE

DAR File No.: 30361
Filed: 08/23/2007, 12:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule defines conditions under which the board will conduct a pardon hearing.

Summary of the rule or change:

The changes to this rule clarify process requirements and outcome options related to petitioning for a pardon.

State statutory or constitutional authorization for this rule:

Sections 77-27-2, 77-27-5, and 77-27-9; and Article VII, Sec 12

Anticipated cost or savings to:

the state budget:

None--The changes do not introduce costs to the state as changes focus on process requirements and outcome options related to petitioning for a pardon.

local governments:

None--The changes do not introduce costs to local government. Changes focus on process requirements and outcome options related to petitioning for a pardon.

small businesses and persons other than businesses:

None--The changes do not introduce costs to small businesses. Changes focus on process requirements and outcome options related to petitioning for a pardon.

Compliance costs for affected persons:

None--The changes do not introduce costs to affected persons as changes focus on define requirements and process outcome options related to petitioning for a pardon.

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

I have reviewed the requested changes and determined there is no fiscal impact on businesses associated with changes for this rule. 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:

10/15/2007

This rule may become effective on:

10/22/2007

Authorized by:

Curtis L Garner, Chairman

R671. Pardons (Board of), Administration.

R671-315. Pardons.

R671-315-1. Pardons.

A. The Board may[will] consider a petition for a pardon from an individual whose sentence(s) were under the board's jurisdiction and have been terminated or expired for at least five years[ and who has exhausted all judicial remedies including expungement]. The board's designee shall obtain and provide relevant information that shall include but not be limited to, all inmate files, a recent BCI report, employment history, restitution report if applicable, and verification that the applicant completed therapy programs ordered by the board. The board designee shall summarize this information and upon review the board may request additional information. The board designee shall provide this information to the board within 60 days from the date the petition was received.[Upon verification of these criteria, the Board may cause an investigation of the petitioner to be conducted which may include, but not be limited to, criminal, personal and employment history.] The Board shall consider the petition and all available information relevant to it and vote to grant or deny a hearing. If a pardon hearing is granted the hearing shall be held within 60 days of the board's decision to hold the hearing. The Board may publish the petition in the legal notices section of a newspaper of general circulation and invite comment from the public.

B. When the petition involves cases that were not under the board's jurisdiction, the applicant shall provide all relevant information including, but not limited to, a current BCI, police report(s) of the crime(s) for which the applicant is seeking a pardon, court order(s) for said crime(s) and if applicable verification that all restitution has been paid in full. The Board's designee shall review and summarize the applicant's submission of information. Upon review of this information, the board may request additional information from the applicant or in the alternative it may direct its designee to verify and gather additional information. The Board shall[will] consider the petition and all available information relevant to it and vote to grant or deny a hearing. If a pardon hearing is granted the hearing shall be held within 60 days of the board's decision to hold the hearing.

C. The Board may deny a pardon by majority vote without a hearing. If the Board decides to consider the granting of a pardon, a hearing will be scheduled with appropriate notice given to victim(s) of record if they can be located, the chief law enforcement officer of the arresting agency, the presiding judge where the conviction was entered, and the County, District or City Attorney where the case was prosecuted. Notice may also be posted in a public place in the jurisdiction where the conviction occurred. The Board may grant a conditional pardon or an unconditional pardon. The petitioner will be notified in writing of the results as soon as practicable.

D. The Board may dispense with any requirement created by this policy if good cause exists.

 

KEY: pardons

Date of Enactment or Last Substantive Amendment: [February 18, 1998]2007

Notice of Continuation: July 25, 2007

Authorizing, and Implemented or Interpreted Law: 77-27-2; 77-27-5; 77-27-9; Art VII Sec 12