Utah Admin. Code R671-203-1 - General Provisions
(1) "Victim" means:
(a) A natural person against whom a charged
crime or conduct is alleged to have been perpetrated or attempted by an
offender personally or as a party to the offense or conduct, for which a
conviction was entered and for which the Board has jurisdiction;
(b) A natural person originally named as an
alleged victim in an allegation of criminal conduct who is not a victim of the
offense of Board jurisdiction to which the defendant entered a negotiated plea
of guilty or no contest; or
(c) A
victim representative as provided in Subsection R671-203-1(2).
(d) Pursuant to Subsection
77-38-2(9),
for purposes of the right to be present, "victim of crime" does not mean any
person who is in custody as a pretrial detainee, as a prisoner following
conviction for an offense, or as a juvenile who has committed an act that would
be an offense if committed by an adult, or who is in custody for mental or
psychological treatment. The Board may consider written submissions from any of
the foregoing individuals.
(2) "Victim representative" means: a person
designated by a victim or by this rule to represent a victim during Board
processes, hearings, or communications.
(3) Pursuant to Subsection
77-27-13(2),
the Department of Corrections (Department) shall provide the Board with any
available information in its records or possession concerning the impact a
crime may have had upon the victim or victim's family.
(4)
(a)
Pursuant to Subsection
77-27-13(5)(a),
within 30 days from the date of sentencing the prosecutor of the case
responsible for an offender's arrest, conviction, and sentence, shall forward
to the Board any victim impact statement in its possession that refers to any
physical, mental, or economic loss suffered by the victim or victim's
family.
(b) Upon request of the
Board pursuant to Subsection
77-27-13(4),
any other law enforcement official responsible for an offender's arrest,
prosecution, conviction, sentence, supervision or incarceration, shall forward
to the Board any victim impact statement in its possession that refers to any
victim contact information or any physical, mental, or economic loss suffered
by the victim or victim's family.
(5) No victim or victim representative
appearing at a hearing may be photographed without the approval of the victim,
victim representative, and the presiding hearing official.
(6)
(a)
Victims are encouraged to:
(i) visit the
Board's website, bop.utah.gov, as soon as possible to obtain information about
Board procedures; and
(ii) provide
information to the Board for future notifications.
(b) The Board shall maintain information in
written form and on its website, bop.utah.gov, for victims about Board
procedures, victim notification, attending hearings, submitting victim impact
information, and testifying at hearings.
(7) Victims are encouraged to utilize the
Board's website, bop.utah.gov, to learn of decisions and hearing outcomes.
Victims may also contact the Board, after any parole hearing, for information
concerning the outcome of that hearing. Victims may also contact the Department
for information regarding offender releases.
(8) Persons attending hearings must comply
with the security and clearance regulations of the facility where the hearing
is held. These regulations may include picture identification, appropriate
dress, and no contraband. Persons who want to attend a hearing should contact
the Department directly or on their website, corrections.utah.gov, for the
latest information regarding security and visiting information.
Notes
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