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:
R671-308. Offender Hearing Assistance
B. Purpose of the new rule or reason for the change:
The amendment clarifies the availability and scope of legal representation in Board of Pardons (Board) proceedings, including Board-appointed counsel for parole violation and evidentiary hearings and requirements governing privately retained attorneys at pardon, commutation, and restitution hearings.
Limits who may address the Board during hearings, while allowing Board-approved participation by privately retained counsel in pardon, commutation, and restitution hearings.
C. Summary of the new rule or change:
The change clarifies when the Board must provide an attorney or may allow other representation for offenders and parolees.
It requires state-funded counsel for parole violation and evidentiary hearings, while allowing private attorneys to participate in certain other hearings with the Board's permission.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This amendment anticipates no impact on state budgets because an existing state contract with a set monthly rate covers the cost of Board-funded counsel.
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):
This amendment anticipates no fiscal impact on persons other than small businesses, non-small businesses, state or local government entities because an existing state contract with a set monthly rate covers the cost of Board-funded counsel.
No other persons are regulated by this rule.
F. Compliance costs for affected persons:
There are no compliance costs for affected persons because the costs associated with hearing assistance are covered by the Board.
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.
R671-308. Offender Hearing Assistance.
R671-308-1. Offender Hearing Assistance.
Pursuant to Utah Code Section 77-27-7.1, if the Board in its discretion determines that an offender is unable to meaningfully participate in a Board hearing or other Board proceeding, the Board may appoint legal counsel or a lay representative to assist the offender. The Board shall determine the scope of the representation based on a review of the totality of the circumstances.[Offenders who are deemed by a hearing official to be unable to effectively represent themselves at a hearing may be allowed to have any assistance the Board determines is necessary to conduct an orderly hearing. This may include a Board-appointed representative.]R671-308-2. Offender Legal Counsel -- Parole Violation[Revocation] Hearings. (1) At a parole violation and an evidentiary hearing, the[The] Board shall provide[may appoint or assign] an attorney to represent parolees[offenders at parole violation hearings, including evidentiary hearings], at [S]state expense.[, unless the offender is the subject of a new criminal conviction for which an initial or original hearing is scheduled.] (2) [An offender]A parolee may choose instead to be represented by their own attorney at the parolee's own expense, or represent themselves, during parole [revocation ]violation [hearings]or evidentiary hearing[ at the offender's own expense]. (3) If an offender has been convicted of a new criminal offense that has resulted in Board jurisdiction, a parole violation/original hearing will be scheduled, and the offender is not entitled to representation at the parole violation/original hearing. (4[3]) Any attorney [appearing or ]representing a parolee[an offender] in parole [revocation]violation or evidentiary hearing[s] shall be admitted and licensed to practice law within Utah. Any attorney not appointed by the Board to represent[ing an offender] parolee [in a parole revocation hearing ]shall give written notice of their representation to the Board before the hearing. R671-308-3. Offender Legal Counsel -- Other Hearings.
(1) Except [in parole revocation proceedings ]as set forth in this rule, an offender or petitioner has no right, requirement, or entitlement to legal representation or appointed counsel before the Board or during or in connection with any Board hearing, review, or decision.[ (2)] No attorney or other person [appointed or employed]representing [by ]an offender to assist in any matter or hearing before the Board may testify, speak, or otherwise address the Board during a hearing except as provided in this rule.[ Only the offender, a person appointed by the Board to assist an offender pursuant to this rule, or a victim may present testimony or comment during a hearing.] (2[3]) If an attorney is privately retained to represent a pardon or commutation petitioner[ appoints or employs an attorney at their own expense, to appear or represent the petitioner before the Board], the Board may allow the attorney to participate at the pardon or commutation hearing. (3) If an attorney is privately retained to represent an offender at a restitution hearing, the Board may allow the attorney to participate. KEY: parole, inmates
Date of Last Change: 2026[November 9, 2025] Notice of Continuation: July 2, 2026
Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11; 77-27-29; 77-27-7.1 !--dar--
