Utah Admin. Code R671-312A-5 - Commutation Hearing Procedures
(1) Pursuant to
Utah Constitution Article VII, Section 12, and Section 77-27-5 (1992), a
commutation hearing must be held before the full Board.
(2) Notice of the commutation hearing shall
be sent to:
(a) the victim's
representatives;
(b) the police
agency which investigated the offenses for which commutation has been
petitioned;
(c) the office or
agency responsible for the prosecution of the offenses for which commutation
has been petitioned; and
(d) the
court which originally imposed the sentence for the offenses for which
commutation has been petitioned.
(3) Public notice of the commutation hearing
will also be made via the Board's website, and the State of Utah Public Meeting
and Notice website.
(4) If not
otherwise called as a witness, a victim representative, as defined by Section
R671-203-1, shall be given the opportunity to attend the commutation hearing
and to present testimony regarding the commutation petition, in accordance
with, and subject to Subsections R671-203-4(1) through R671-203-4(3), and
Subsection R671-203-4(5).
(5) A
commutation hearing is not adversarial and neither party is allowed to
cross-examine the other party's witnesses. However, the Board may ask questions
freely of any witness, the petitioner, the petitioner's counsel, or the state's
counsel.
(6) The Utah Rules of
Evidence do not apply to a commutation hearing. However, any evidence and
testimony sought to be introduced by the parties must be relevant to the issues
to be decided by the Board. The Board, through the Board Chair, will make final
determinations regarding evidence or testimony admissibility, relevance, or
exclusion.
(7) In conducting the
commutation hearing:
(a) The Board Chair or
designee will place any witnesses under oath and may impose a time limit on
each party for presenting its case.
(b) The Board will record the commutation
hearing in accordance with Subsection 77-27-8(2).
(c) Rule R671-302, Public Access to Hearings,
will govern media and public access to the hearing.
(d) The Board may take any action it
considers necessary and appropriate to maintain the order, decorum, and dignity
of the hearing.
(e) During the
commutation hearing, no person, including either party, the petitioner, any
witness, either party's counsel, or any other person associated with or
employed by a party or counsel, may approach any member of the Board without
leave from the C ha ir.
Notes
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