DAR File No. 30362
This filing was published in the 09/15/2007, issue, Vol. 2007, No. 18, of the Utah State Bulletin.
Pardons (Board Of), Administration
R671-311-1
General
NOTICE OF PROPOSED RULE
DAR File No.: 30362
Filed: 08/23/2007, 12:24
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule provides information related to consideration for a special attention review or hearing at the Board of Pardons.
Summary of the rule or change:
The changes to this rule provide clarification on exceptional circumstances necessary to request a special attention review or hearing.
State statutory or constitutional authorization for this rule:
Sections 77-27-7, 77-27-5, 77-27-6, 77-27-10, and 77-27-11
Anticipated cost or savings to:
the state budget:
None--The changes do not introduce costs to the state as changes relate to defining exceptional circumstances for special attention review or hearings.
local governments:
None--The changes do not introduce costs to local government as changes relate to defining exceptional circumstances for special attention review or hearings.
small businesses and persons other than businesses:
None--The changes do not introduce costs to small businesses as changes relate to defining exceptional circumstances for special attention review or hearings.
Compliance costs for affected persons:
None--The changes do not introduce costs to affected persons as changes relate to defining exceptional circumstances for special attention review or hearings.
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
RULE TEXT
R671. Pardons (Board of), Administration.
R671-311. Special Attention Hearings and Reviews.
R671-311-1. General.
In exceptional circumstances the board may adjust its
prior decisions through a special attention review or hearing. This type of review or hearing may be used
to adjust parole conditions, review board decisions, and grant relief when
exceptional circumstances exist, or upon board initiative action.[This
type of consideration is used to grant relief in special circumstances
requiring action by the Board.]
This process[action] is initiated by the receipt of a
written request explaining the[indicating that] special
circumstances [exist ]for which relief[a change in status]
may be warranted. Exceptional[These]
circumstances may[could] include, but are not limited to, illness
of the offender requiring extensive medical attention, exceptional performance
or progress in the institution, exceptional family circumstances, verified
opportunity for employment and[exceptional opportunity for employment,
exceptional family circumstances, and involves] information that was not
previously considered by the Board. The
board may request the Department of Corrections to review and make a
recommendation on requests not submitted by the Department.[For Special
Attentions that have not originated from or been processed through the
Department of Corrections, the Board may request the Department review and make
recommendations before taking action.]
Special Attention requests that are considered to be repetitive, frivolous or lacking in substantial merit may be placed in the offenders file without formal action or response.
KEY: parole, inmates
Date of
Enactment or Last Substantive Amendment:
[February 12, 2003]2007
Notice of Continuation: July 25, 2007
Authorizing, and Implemented or Interpreted Law: 77-27-7; 77-27-5; 77-27-6; 77-27-10; 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: 09/14/2007 10:14 AM