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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 R671-520. Treatment of Confidential Testimony.

As in effect on August 1, 2009

Table of Contents

R671-520-1. Treatment of Confidential Testimony.

Confidential testimony shall be admitted at an evidentiary hearing on an alleged parole violation under the following three-part procedure:

1. The State shall make a specific, written preliminary showing of good cause for the testimony to be received in camera.

2. Upon a finding of just cause for confidentiality, the Board shall conduct an in camera inspection of the witness, the proffered testimony, and any supporting testimony to determine:

a. the credibility and veracity of the witness;

b. the overall reliability of the testimony itself; and

c. whether keeping the information confidential will substantially impair the parolee's due process rights to notice of the evidence or to confront and cross-examine adverse witnesses.

If the Board is satisfied with these three aspects, it shall receive the testimony and give it whatever weight it considers appropriate. An electronic record shall be made of this in camera proceeding.

3. A summary of the testimony taken in camera shall be prepared for disclosure to the parolee, informing the parolee of the general nature of the testimony received in camera but without defeating the good cause found by the Board for treating the information confidentially. This summary shall be presented on the record at the public evidentiary hearing and the parolee shall be given an opportunity to respond.

KEY

parole, confidential testimony, hearings

Date of Enactment or Last Substantive Amendment

October 10, 2007

Notice of Continuation

August 14, 2008

Authorizing, Implemented, or Interpreted Law

77-27-5; 77-27-9; 77-27-11

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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