DAR File No. 30364

Pardons (Board Of), Administration

R671-519

Proceedings When Criminal Charges Result in Acquittal

NOTICE OF PROPOSED RULE

DAR File No.: 30364
Filed: 08/23/2007, 12:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides process response to an acquittal of criminal charges impacting the status of parole or incarceration of an offender.

Summary of the rule or change:

The changes relate to processes for explanation of evidence.

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--The changes do not introduce costs to the state as the changes simply relate to the process for explanation of evidence.

local governments:

None--The changes do not introduce costs to local government as the changes simply relate to the process for explanation of evidence.

small businesses and persons other than businesses:

None--The changes do not introduce costs to small businesses as the changes simply relate to the process for explanation of evidence.

Compliance costs for affected persons:

None--The changes do not introduce costs to the affected persons as the changes simply relate to the process for explanation of evidence.

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

I have reviewed the 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.

R671-519. Proceedings When Criminal Charges Result in Acquittal.

R671-519-1. Proceedings When Criminal Charges Result in Acquittal.

If the basis for revocation proceeding is a criminal charge in which the parolee was acquitted, the parole agent or representative of the State[Department of Corrections] may submit as its sole evidence the transcript from the criminal trial. If the parolee believes submission on the transcript is insufficient, the parolee shall inform the Board of any objection and provide a rationale for the objection. Nevertheless, a trial at which the parolee was represented by counsel is presumed sufficient for the hearing official[officer] to determine by a preponderance of the evidence whether parole was violated.

 

R671-519-2. Evidence Explanation.

Both parties may file memoranda explaining how the evidence provided at the trial either did, or did not, provide sufficient evidence, under a preponderance standard, for finding a parole violation. Such memoranda shall not exceed ten (10), double-spaced, typed pages in length (excluding exhibits), except in cases where the board has granted leave to exceed this limit.

 

R671-519-3. Personal Appearance.

A personal appearance hearing is not required under this rule for purposes of arguing the evidence. However, if, after reviewing the transcripts and memoranda, the hearing official[officer] concludes that parole has been violated, a personal appearance hearing may be held for purposes of[ taking mitigation and aggravation evidence in] determining disposition and listening to any victim comments.

 

KEY: parole, acquit, hearings

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

Notice of Continuation: September 11, 2003

Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11