Utah Admin. Code R671-311-1 - Special Attention Reviews and Decisions
(1) The Board may
use special attention reviews or hearings to adjust parole conditions, review
earlier Board decisions, and change earlier decisions when exceptional
circumstances exist.
(2) Special
attention reviews shall be initiated by Board staff when necessary to correct
clerical or other errors in Board orders, or upon the receipt of a written
request explaining the exceptional circumstances for which modification is
sought.
(3) Exceptional
circumstances which may result in a special attention review and decision may
include:
(a) clerical errors in an earlier
order;
(b) changes to the
conditions of parole requested by the Department of Corrections
(Department);
(c) determination of
restitution obligations;
(d)
payment of restitution obligations before release;
(e) reinstatement of a rescinded release
before a rescission hearing;
(f)
modification of an earlier decision due to changes in credit for time served as
calculated by the Board;
(g)
modification of an earlier decision due to changes in applicable guidelines as
calculated by the Board;
(h)
considering continuation of parole that may include modification or addition of
new conditions of parole in lieu of revocation for parole violations;
(i) imposing parole violation sanctions
pursuant to a request from the Department and a waiver from the
offender;
(j) granting incentives
and parole condition changes pursuant to a request from the
Department;
(k) exceptional
performance or progress in a correctional facility;
(l) Case Action Plan (CAP) completion or
compliance over a significant period;
(m) earned time adjustments made pursuant to
Section R671-311-3;
(n) exceptional
circumstances not previously considered by the Board; or
(o) review of new and significant information
not previously considered by the Board.
(4)
(a) A
request for special attention review may be made by:
(i) the offender;
(ii) a representative of the offender,
including counsel;
(iii) a
victim;
(iv) a victim
representative;
(v) Board
staff;
(vi) the
Department;
(vii) DHHS;
or
(viii) a prosecutor from the
office that prosecuted the offender requesting earlier release.
(b) Unless the request for a
special attention review is made by the Department or Board staff, the Board
may request that the Department review the request and make a
recommendation.
(5)
Special attention requests that are repetitive, frivolous, or lacking in
substantial merit shall be summarily denied and placed in the offender's file
without formal action or response.
(6) Unless otherwise ordered by the Board,
special attention reviews shall be processed administratively based on written
or electronic reports supplied to the Board without the personal appearance of
the offender.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The Board may use special attention reviews or hearings to adjust parole conditions, review earlier Board decisions, and change earlier decisions when exceptional circumstances exist.
(2) Special attention reviews shall be initiated by Board staff when necessary to correct clerical or other errors in Board orders, or upon the receipt of a written request explaining the exceptional circumstances for which modification is sought.
(3) Exceptional circumstances which may result in a special attention review and decision may include:
(a) clerical errors in an earlier order;
(b) changes to the conditions of parole requested by the Department of Corrections (Department);
(c) determination of restitution obligations;
(d) payment of restitution obligations before release;
(e) reinstatement of a rescinded release before a rescission hearing;
(f) modification of an earlier decision due to changes in credit for time served as calculated by the Board;
(g) modification of an earlier decision due to changes in applicable guidelines as calculated by the Board;
(h) considering continuation of parole that may include modification or addition of new conditions of parole in lieu of revocation for parole violations;
(i) imposing parole violation sanctions pursuant to a request from the Department and a waiver from the offender;
(j) granting incentives and parole condition changes pursuant to a request from the Department;
(k) exceptional performance or progress in a correctional facility;
(l) Case Action Plan (CAP) completion or compliance over a significant period;
(m) earned time adjustments made pursuant to Section R671-311-3;
(n) exceptional circumstances not previously considered by the Board; or
(o) review of new and significant information not previously considered by the Board.
(4) Unless the request for a special attention review is made by the Department or Board staff, the Board may request that the Department review the request and make a recommendation.
(5) Special attention requests that are repetitive, frivolous, or lacking in substantial merit shall be summarily denied and placed in the offender's file without formal action or response.
(6) Unless otherwise ordered by the Board, special attention reviews shall be processed administratively based on written or electronic reports supplied to the Board without the personal appearance of the offender.