Utah Admin. Code R671-303-1 - Information Received, Maintained or Used by the Board

(1) Offender access to information

(a) Absent a security or safety concern, as determined by the Board, the Board will provide the offender access to information the Board will consider and given an opportunity to respond to such information, whenever the Board sets or extends the offender's parole or release date. The Board will provide the offender a written summary of information being considered if access to information presents a security or safety concern.

(b) The Board, upon request or upon its own motion, may:

(i) continue a hearing; or

(ii) allow the offender to submit additional documentation or information for consideration pursuant to the Board's order.

(c) The Board shall:

(i) provide an offender with a copy of the records not provided for previous hearings and contained in the offender's record at least three days prior to any personal appearance hearing in which a parole or release date may be fixed or extended by the Board;

(ii) at the beginning of the hearing, provide any additional information not provided under Subsection (1)(c)(i) obtained by the Board after this initial disclosure ;

(iii) allow the offender an opportunity to review the supplemental information before the hearing proceeds in circumstances described under Subsection (1)(c)(ii); and

(iv) proceed with the hearing as scheduled if the offender requests no additional time for review as described under Subsection (1)(c)(iii).

(2) Submission of information

(a) Other than statements by the offender or information the Department of Corrections (Department) submits, other materials, briefs or written memoranda or argument submitted by or on behalf of any person, in preparation for a hearing, excluding commutation hearings governed by Rule R671-312, shall be limited to no more than five pages in length.

(b) In extraordinary circumstances, photographs or electronic images may be submitted and must be relevant to the offense. The Department limits the number of photographs or electronic images that an inmate may possess and photographs or electronic images of victims are contraband. The Board will disclose accepted photographs or electronic images at the beginning of a hearing. The offender may view the photographs or electronic images but not retain them. Pursuant to Subsection R671-303-1(1)(b), the offender may request additional time to respond or submit supplemental information.

(c) Submissions by legal counsel for or on behalf of an offender must be received by the Board no later than seven days prior to any scheduled hearing.

(d) The Board reserves the right to strike from the offender's record, and to refuse to accept or consider any material or submissions that are irrelevant, defamatory, inflammatory, or that do not otherwise conform to this rule.

Notes

Utah Admin. Code R671-303-1

Amended by Utah State Bulletin Number 2015-9, effective 4/7/2015 Amended by Utah State Bulletin Number 2022-05, effective 2/16/2022