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:
R671-303. Information Received, Maintained or Used by the Board
B. Purpose of the new rule or reason for the change:
The amendment provides changes that aim to balance offender due process, institutional safety, evidentiary clarity, and administrative efficiency in Board of Pardons proceedings.
C. Summary of the new rule or change:
The change allows relevant images to be presented during a revocation hearing but limits their long-term retention in the offender's permanent file.
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 it does not affect local governments.
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 the rule changes clarify process but do not impact procedure cost.
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:
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.
R671-303. Information Received, Maintained or Used by the Board.
R671-303-1. Information Received, Maintained or Used by the Board.
(1) Offender access to information
(a) Absent a security or safety concern, as determined by the Board, the Board will provide the offender access to the information the Board will consider and the offender will be given an opportunity to respond to such information, whenever the Board sets or extends the offender's parole or release date. The Board will provide the offender a written summary of information being considered if access to information presents a security or safety concern. (b) The Board, upon request or upon its own motion, may:
(i) continue a hearing; or
(ii) allow the offender to submit additional documentation or information for consideration pursuant to the Board's order.
(c) The Board shall:
(i) provide an offender with a copy of the records not provided for previous hearings and contained in the offender's record at least three days prior to any personal appearance hearing in which a parole or release date may be fixed or extended by the Board;
(ii) at the beginning of the hearing, provide any additional information not provided under Subsection (1)(c)(i) obtained by the Board after this initial disclosure;
(iii) allow the offender an opportunity to review the supplemental information before the hearing proceeds in circumstances described under Subsection (1)(c)(ii); and(iv) proceed with the hearing as scheduled if the offender requests no additional time for review as described under Subsection (1)(c)(iii).
(2) Submission of information
(a) Other than statements by the offender or information the Department of Corrections (Department) submits, other materials, briefs or written memoranda or argument submitted by or on behalf of any person, in preparation for a hearing, excluding commutation hearings governed by Rule R671-312, shall be limited to no more than five pages in length.
(b) Use of photographs or electronic images (i) In extraordinary circumstances, photographs or electronic images may be submitted and must be relevant to the offense. The Department limits the number of photographs or electronic images that an inmate may possess and photographs or electronic images of victims are contraband. The Board will disclose accepted photographs or electronic images at the beginning of a hearing. The offender may view the photographs or electronic images but not retain them. Pursuant to Subsection R671-303-1(1)(b), the offender may request additional time to respond or submit supplemental information. (ii) Images may be utilized in a parole revocation evidentiary hearing when necessary to establish an element of the parole violation or when necessary as a defense to an alleged parole violation. Images that depict criminal conduct will not be retained in the offender's permanent records after a decision on the violation has been reached. (c) Submissions by legal counsel for or on behalf of an offender must be received by the Board no later than seven days prior to any scheduled hearing.
(d) The Board reserves the right to strike from the offender's record, and to refuse to accept or consider any material or submissions that are irrelevant, defamatory, inflammatory, or that do not otherwise conform to this rule.
KEY: inmates' rights, inmates, parole, records
Date of Last Change: 2026[February 16, 2022] Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 77-27-7(6)
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