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Utah Administrative Code

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 R671-205. Credit for Time Served.

As in effect on August 1, 2009

Table of Contents

R671-205-1. Policy.

(1) Credit for time served will be granted against the expiration date on a crime of commitment when:

(a) a conviction is set aside and there is a subsequent commitment for the same criminal conduct;

(b) a commitment is made to the Utah State Hospital pursuant to a "guilty and mentally ill" conviction;

(c) time is spent in custody outside the State of Utah based solely on the Utah warrant;

(d) the Board deems such credit just under the circumstances; or

(e) credit is otherwise required by law.

(2) No credit will be given for time spent in custody at the Utah State Hospital or comparable non- prison, psychiatric facility while the offender is judicially-declared incompetent.

(3) If no record of official detention time is found in the Board file, the Board will presume that none was served. In cases where the offender desires credit, the burden is on the offender to request it and to provide copies of records supporting the claim of time spent in custody.

KEY

capital punishment, prison release, parole, government hearings

Date of Enactment or Last Substantive Amendment

December 9, 1998

Notice of Continuation

July 25, 2007

Authorizing, Implemented, or Interpreted Law

77-27-7; 77-27-9; 77-19-7

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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