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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 R671-403. Restitution.

As in effect on August 1, 2009

Table of Contents

R671-403-1. Policy.

The Board shall consider restitution in all cases where restitution has been ordered by the court, when requested by the Department of Corrections or other criminal justice agencies, or other appropriate cases.

R671-403-2. Procedure.

The Board may originate orders of restitution on any crime(s) of commitment in accordance with UCA 77-38a-302.

The Board shall affirm court-ordered restitution in accordance with UCA 77-38a-302.

The Board may consider ordering restitution in the following instances:

A. When ordered by or as part of a disciplinary proceeding as a result of inappropriate behavior;

B. When requested by the Department of Corrections or other criminal justice agency for the costs of extradition or return to custody.

C. When requested by the Department of Corrections for the costs of programs such as unpaid fees at community correction centers, therapy or other service fees; and

D. When new information is made available that was not available to the court at the time of sentencing or prior restitution hearing.

The Board may conduct a restitution hearing to determine the amount of restitution owed by an offender. The Board will make a reasonable effort to inform both the offender and the victim(s) of the hearing and will provide copies of rules and investigative reports and other documentation. The offender and the victim(s) shall have the right to be present at the hearing and present evidence in their behalf.

KEY

restitution, government hearings, parole

Date of Enactment or Last Substantive Amendment

September 27, 2007

Notice of Continuation

February 4, 2008

Authorizing, Implemented, or Interpreted Law

77-27-5; 77-27-6; 77-27-5.5

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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