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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R671-201. Original Parole Grant Hearing Schedule and Notice.

As in effect on August 1, 2009

Table of Contents

R671-201-1. Schedule and Notice.

Within six months of an offender's commitment to prison the Board will give notice of the month and year in which the inmate's original hearing will be conducted. A minimum of one week (7 calendar days) prior notice should be given regarding the specific day and approximate time of such hearing.

All felonies, where a life has been taken, will be routed to the Board as soon as practicable for the determination of the month and year for their original hearing date. The Board will only consider information available to the court at the time of sentencing.

All first degree felonies, where death is not involved, and where the most severe sentence imposed and being served is a sentence of greater than fifteen (15) years to life, excluding enhancements, will be eligible for a hearing after the service of fifteen years.

All first degree felonies, where death is not involved, and where the most severe sentence imposed and being served is a sentence of ten(10) years to life, or fifteen (15) years to life, excluding enhancements, will be eligible for a hearing after the service of seven years.

All other first degree felonies, where death is not involved, will be eligible for a hearing after the service of three years.

All second degree felonies, where death is not involved, will be eligible for a hearing after the service of six months unless the second degree is a sex offense and in those cases will be eligible for a hearing after the service of eighteen months.

All third degree felonies, where a death is not involved, and all class A misdemeanors, will be eligible for a hearing after the service of three months unless the third degree felony is a sex offense and in those cases will be eligible for a hearing after the service of twelve months.

Excluded from the above provisions are inmates who are sentenced to death or life without parole.

An inmate may petition the Board to calendar him/her at a time other than the usual times designated above or the Board may do so on its own motion. A petition by the inmate shall set out the special reasons which give rise to the request. The Board will notify the petitioner of its decision in writing as soon as possible.

KEY

parole, inmates

Date of Enactment or Last Substantive Amendment

February 25, 2009

Notice of Continuation

July 25, 2007

Authorizing, Implemented, or Interpreted Law

77-27-7

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R671, please contact the promulgating agency (Pardons (Board of), Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

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 rules.

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