Utah Admin. Code R671-313-3 - Petition Requirements

(1)

(a) The commutation petition shall be signed under oath. If the petitioner is not the subject of the petition, the subject of the petition shall also sign the petition.

(b) If the petitioner is represented by counsel, the petitioner's counsel shall also sign the petition.

(c) If the petitioner is represented by counsel, counsel shall comply in all respects with Rule R671-103 - Attorneys.

(2) The commutation petition shall include:

(a) the petitioner's name, address, telephone number, and email address;

(b) the subject's name, address, telephone number, and email address;

(c) the name, address, telephone number, and email address of any counsel representing the petitioner in the commutation proceeding;

(d) a certified copy of the judgment for which commutation is petitioned;

(e) a statement specifying whether or not the conviction or sentence for which commutation is petitioned was appealed; and if so, a copy of any applicable appellate decision;

(f) a statement specifying whether or not the conviction or sentence for which commutation is petitioned was the subject of any complaint, petition or other court filing or litigation seeking collateral remedies, post-conviction relief, a writ of habeas corpus or any other extraordinary relief; and if so, a copy of all applicable final orders, rulings, determinations, and appellate decisions regarding such litigation;

(g) a copy of all police reports, pre-sentence reports, post-sentence reports and court dockets for the conviction or sentence for which commutation is petitioned;

(h) a certified copy of the subject's Utah and NCIC criminal history reports;

(i) a statement wherein the subject and petitioner certify that no criminal cases or charges are pending against the subject in any court. If the subject has any pending criminal cases or charges, the statement shall identify and explain all criminal cases or charges pending in any state, federal, or local court and the nature of the cases pending. If such proceedings are pending, the statement must identify the court in which such cases are pending; explain the nature of the proceedings and charges; and note the status of the proceedings;

(j) a statement of the reasons and grounds which petitioner believes specifically support commutation;

(k) copies of all written evidence upon which petitioner intends to rely at the hearing, along with the names of all witnesses whom petitioner intends to call and a summary of their anticipated testimony;

(l) a statement specifying whether any of the stated reasons or grounds for commutation have been reviewed by the courts; and shall include copy of any court decision entered or made by such a reviewing court; and

(m) if the grounds for commutation are based upon post-conviction, newly discovered evidence, the petition shall include a statement explaining why such evidence is considered new, why the purportedly new evidence was not or could not have been reviewed during the judicial, appellate, or post-conviction process, and why the purportedly new evidence is not currently subject to judicial review.

(3) If the subject is currently on probation or parole, the petition shall include a report from Adult Probation and Parole which summarizes and explains the subject's progress while under supervision. This report shall include information regarding the subject's progress toward completing all supervision requirements, treatment requirements, violations and accomplishments, supervision history, and fulfillment of financial obligations while under supervision.

(4) If the subject is currently incarcerated, the petition shall include a current Institutional Progress Report from the Department of Corrections. This report shall include the subject's disciplinary history, program completion, employment history, and any other information about institutional conduct.

(5) If the subject has ever applied for and been denied commutation, the petition shall set forth what, if any, new, significant, and previously unavailable information exists which supports commutation and the reasons this information was not previously submitted to the Board, and why this information supports commutation.

(6) At any time following submission of a commutation petition, the Board may seek additional information from the petitioner, the subject, or counsel.

Notes

Utah Admin. Code R671-313-3

Amended by Utah State Bulletin Number 2024-08, effective 4/1/2024