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:
R671-520. Treatment of Confidential Testimony
B. Purpose of the new rule or reason for the change:
The amendment gives the Board of Pardons (Board) discretion to admit confidential testimony at parole violation evidentiary hearings.
It also clarifies that the Department of Corrections must provide a specific written preliminary showing of good cause for in-camera testimony, unless the parties stipulate otherwise.
C. Summary of the new rule or change:
This rule establishes a process for admitting confidential testimony at parole violation hearings when the Board finds good cause, including an in-camera review to assess reliability and due process concerns.
The testimony is recorded, summarized, and disclosed at the public hearing so the parolee has an opportunity to understand and respond.
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 are updates that will not affect procedures.
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 changes do 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):
The proposed rule changes do not have a fiscal impact on non-small businesses because non-small businesses are not regulated by this rule.
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.
R671-520. Treatment of Confidential Testimony.
R671-520-1. Treatment of Confidential Testimony.
(1)[.] Confidential testimony may[shall] be admitted at an evidentiary hearing on an alleged parole violation. (2)[.] Unless stipulated to, t[T]he [State]Department of Corrections (Department) shall make a specific, written preliminary showing of good cause for the testimony to be received in-[ ]camera. (3)[.] Upon a finding of good 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.(4)[.] If the Board is satisfied with the three aspects in Subsection (3), it shall receive the testimony and give it whatever weight it considers appropriate. An electronic record shall be made of this in-camera proceeding. (5)[.] 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 Last Change: 2026[May 22, 2013] Notice of Continuation: October 4, 2022
Authorizing, and Implemented or Interpreted Law: 77-27-5; 77-27-9; 77-27-11
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