Utah Admin. Code R671-201-1 - Schedule and Notice
(1)
(a) The Board shall conduct a scheduling
review to determine the month and year of an offender's original hearing, and
provide timely notice to the offender, within six months of the offender's
commitment to prison, and provide notice in accordance with Utah Administrative
Rule R671-203 Victim Input and Notification.
(b)
(i) No
original hearing may be scheduled for any offender whose prison commitment
includes a sentence of death.
(ii)
No original hearing will be scheduled for any offender whose sentence includes
a commitment of life without the possibility of parole. The Board will not
consider parole for any offender whose prison commitment includes a sentence of
life without parole, unless the requirements of Subsection 77-27-9(7) are
met.
(iii) Every other offender
will be scheduled for an original hearing as described in this rule.
(2) For purposes of
this rule, "scheduling review" means the process by which the Board schedules
the month and year for an offender's original hearing.
(3) The date of the original hearing may be
adjusted if:
(a) an offender requests a delay
or continuance;
(b) an offender has
unadjudicated criminal charges pending at the time a hearing would normally be
held;
(c) a Class A misdemeanor
commitment has expired before an original hearing; or
(d) the Board determines that other unusual
or extraordinary circumstances impact the scheduling of an original hearing;
or
(e) calendar constraints
exist.
(4)
(a) When scheduling an original hearing by
scheduling review, the Board may consider the following, guideline date,
pre-sentence report (including victim impact statements), nature of the
offense, rehabilitative needs, and any relevant documentation
provided.
(b) If the Board obtains
and considers additional information which was not available to the offender
before or at the time of sentencing, the additional information shall be
provided to the offender. The offender may provide a response to any of the
disclosed materials before or at the original hearing.
(5) When scheduling an original hearing by
scheduling review, if the offender was less than 18 years of age at the time of
the commitment offense, the original hearing shall be scheduled:
(a) no later than 6 months before the
individual's 25th birthday, so long as the
individual is in secure care, in the provisional custody of the Division of
Juvenile Justice and Youth Services, at the time of the hearing.
(b) no later than 10 years after the
individual's transfer to the custody of the Utah Department of Corrections if
the individual is transferred to the custody of the department before their
25th birthday, so long as the total amount of time
after the date of sentencing does not exceed 15 years.
(6) When the Board sets an original hearing
in Subsection (5), the Board shall make a referral to the victim advocate at
the Department of Health and Human Services to provide support and assistance
should the victims of record choose to participate in any Board hearings to
which they are entitled to participate.
(7) An offender may request in writing that
their original appearance and hearing before the Board be continued. The
request shall specify the reasons supporting the request. The Board may grant
or deny the offender's request in its sole discretion.
Notes
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