NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Pardons (Board of), Administration
448 E Winchester St, #300
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R671-301. Personal Appearance
B. Purpose of the new rule or reason for the change:
The amendment modernizes hearing procedures, improves clarity, and ensures consistent processes for out of state offenders while preserving the Board of Pardons' (Board) final decision authority.
C. Summary of the new rule or change:
This rule updates procedures for offender rehearings by replacing references to "initial" hearings with "original" hearings and clarifying an offender's right to appear, including the Board's discretion to allow videoconferencing.
It also establishes procedures for offenders housed out-of-state, including options for return to Utah, courtesy hearings, or proceedings conducted by a Board member or designee at the custodial facility.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There is no anticipated impact on state budgets because the changes clarify process but do not impact procedure cost.
This rule change is not anticipated to have any fiscal impact on local governments because local governments are not regulated by this rule.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule change does not have a fiscal impact on small businesses because small businesses are not regulated by this rule.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed rule change does not have a fiscal impact on non-small businesses because non-small businesses are not regulated by this rule.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There is no fiscal impact on persons other than small businesses, non-small businesses, state or local government entities because this rule does not regulate other persons.
F. Compliance costs for affected persons:
There are no compliance costs for affected persons because this rule clarifying and does not impact procedure cost.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Board Administrator of the Board of Pardons and Parole, Jennifer Yim, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Subsections 63G-3-201(2) and (3)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.):
Place (physical address or URL):
448 E Winchester St
Suite 300
Murray, UT
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
R671. Pardons (Board of), Administration.
R671-301. Personal Appearance of Offender. R671-301-1. Personal Appearance.
(1) By statute, the Board or its designee is required to convene at least one public hearing for each offender except those serving life without parole or a death sentence. In rehearings, the offender is afforded the same rights and considerations as afforded in the [initial]original hearing except as provided by other Board rules[ because the setting of a parole date is still at issue]. (2) An offender has the right to be present [if the offender is housed in the state (Section 77-27-7). ]In the Board's discretion, the offender may appear by videoconferencing. The offender may speak, present documents, ask questions of the hearing official, and answer questions. In the event an offender waives this right to appear, or refuses to personally attend the hearing, the Board may proceed with the hearing and issue a decision. (3) Additionally, [I]if an offender is housed out of state: [(a) The offender may waive the right to be present, and the Board may then conduct the hearing in absentia. ](a[b]) The Board may request the Department of Corrections to return the offender to the state for the hearing.(b[c]) The Board may require the offender to submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in which the offender is housed, in lieu of an appearance before the Board[ may request that a courtesy hearing be conducted by the appropriate paroling authority of the custodial jurisdiction. A request along with a complete copy of Utah's record shall be forwarded for the hearing. Reports, a record of the hearing, and a recommendation shall be returned to the Utah Board for final action]. (c[d]) An individual Board member or designee may travel to the custodial facility and conduct the hearing, record the proceeding, and make a recommendation for the Board's final decision. [(e) A hearing may be conducted by videoconference or conference telephone call. ]
KEY: inmates, parole
Date of Last Change: 2026[February 16, 2022] Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2) and (3); 77-27-7(2); 77-27-9(5)
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