Utah Department of Administrative Services Division of Administrative Rules

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).

NOTE: For a list of rules that have been made effective since May 1, 2013, please see the codification segue page.

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R671. Pardons (Board of), Administration.

Rule R671-315. Pardons.

As in effect on May 1, 2013

Table of Contents

R671-315-1. Pardons.

A pardon is a discretionary act of executive clemency granted by the Board of Pardons and Parole, which forgives the wrongdoer and absolves the wrongdoer of all direct and/or collateral legal consequences of the crime(s) of conviction.

A. The Board may consider a petition for a pardon from any individual who was convicted or sentenced for an offense in the state of Utah. The Board generally accepts and considers pardon petitions only when the sentence has been terminated or expired for at least five years.

1. The Board's designee shall obtain and provide relevant information that shall include but not be limited to:

(a) a completed application on a form approved by the Board;

(b) all police reports for the crime(s) for which the applicant is seeking a pardon;

(c) all pre- or post- sentence reports prepared in connection with any sentence served in jail or prison, and for any crime(s) for which the applicant is seeking a pardon;

(d) all inmate files;

(e) a recent BCI report;

(f) the applicant's employment history;

(g) verification that all imposed restitution, fines, fees or surcharges have been paid in full; and

(h) verification that the applicant completed therapy programs ordered by the Board.

2. The Board's 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 sixty days from the date the completed petition and all required information and documentation was received.

3. The Board shall consider the petition and all available information relevant to it and vote to grant or deny a hearing.

(a) If a pardon hearing is granted the hearing should be held within sixty days, or as soon thereafter as practicable, of the Board's decision to grant a pardon hearing.

4. The Board shall publish notice of the pardon hearing on its web site and on the Utah Public Notice website.

B. 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.

C. 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 grant or deny a pardon by majority vote. Pardon decisions are final and are not subject to judicial review.

E. The Board may dispense with any requirement created by this Rule if good cause exists.

KEY

pardons

Date of Enactment or Last Substantive Amendment

October 4, 2012

Notice of Continuation

January 31, 2012

Authorizing, Implemented, or Interpreted Law

77-27-1 et seq.; 77-27-5; 77-27-9; Art VII Sec 12

Additional Information

Contact

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.