Utah Admin. Code R671-203-6 - Victim Impact Hearings

(1) If an offender's original parole hearing is scheduled more than three years from the offender's commitment to prison, the victim or victim representative may request that the Board conduct a Victim Impact hearing to:

(a) keep victim impact testimony for future use and reference by the Board; or

(b) to ensure the victim has the opportunity to participate in the original hearing.

(2) The Board may also conduct a Victim Impact hearing if a hearing, as defined by Subsection 77-38-2(5)(g) and Section R671-203-4, is to be held outside the state because the offender is housed in another state.

(3)

(a) A Victim Impact hearing is not a substitute for an original hearing.

(b) A Victim Impact hearing held pursuant to Subsection R671-203-6(1) will not result in a review, re-scheduling, or re-determination of a previously determined original hearing date.

(4) A victim or victim's representative who requests, and for whom a Victim Impact hearing is conducted, retains the rights given pursuant to constitutional provision, statute, or Board rule, including: the right to notice of the original hearing and any future hearings, the right to attend any hearing for the offender, and the right to testify and make future statements to the Board at any hearing for the offender.

(5) In scheduling and conducting a Victim Impact hearing:

(a) Notice shall comply with Section R671-203-3.

(b) Victim and victim representative appearances and statements shall comply with Section R671-203-4.

(c) A Victim Impact hearing shall be conducted in accordance with other hearing procedures and practices except the offender's testimony shall be limited to responding to the victim's testimony.

(6) The Victim Impact hearing shall be recorded, pursuant to the Rule R671-304.

Notes

Utah Admin. Code R671-203-6

Adopted by Utah State Bulletin Number 2018-3, effective 1/8/2018 Amended by Utah State Bulletin Number 2022-12, effective 6/9/2022