Utah Admin. Code R671-313-4 - Petition Procedures
(1) Within six
months, or as soon as practicable, after receipt of the petition, the Board
may:
(a) deny the commutation petition without
a hearing;
(b) request a response
from the original prosecuting agency, Attorney General's Office, the subject of
the petition, or their counsel; or
(c) grant a commutation hearing further
consider the petition.
(2) If the Board denies a commutation
petition without a hearing, it shall notify the petitioner and counsel, if
represented, and the original prosecuting agency. The notification shall
include a brief rationale for the Board's decision.
(3) The Board may request a response to the
petition from the attorney general, district attorney, county attorney or city
attorney whose office or agency originally prosecuted the counts, charges, or
case resulting in the conviction and sentence for which commutation is sought;
and from any attorney general, district attorney, county attorney or city
attorney whose office represented the prosecuting agency or office in relation
to any appeal or post-conviction litigation regarding any conviction or
sentence which is the subject of the commutation petition, hereinafter referred
to as the "state's response." The Board may also request a response from the
subject of the petition or their counsel.
(4) If the Board requests a response at any
time, the state's response shall be filed with the Board within 60 days of the
Board's request, and shall clearly specify whether the responding agency or
individual opposes or supports the commutation. The response shall also include
all statements and arguments which form the basis of any opposition to the
petition. This shall include all written evidence, the names of all witnesses,
and a summary of the anticipated testimony upon which the responding agency or
individual intends to rely.
(5) The
Board, after considering the original commutation petition, and any requested
response, may grant a commutation hearing, or may deny the petition. If the
Board denies a commutation petition without a hearing, it shall notify the
petitioner and counsel, if represented, and the original prosecuting agency.
The notification shall include a brief rationale for the Board's
decision.
(6) If the Board grants a
commutation hearing:
(a) Within ten calendar
days of receiving the Board's order granting a commutation hearing, the
petitioner shall serve a copy of the commutation petition and all attachments
upon any entity identified as "the state" in Subsection
R671-313-4(3).
(b) The petitioner shall also serve the
subject of the petition or their counsel if the subject has not already been
served.
(c) Proof and verification
of service of pleadings as required in this rule shall be filed with the Board
within seven calendar days of accomplishing such service.
(7)
(a) Any
responding agency or individual must file their response within 60 days of
receiving a copy of the petition.
(b) Responses shall be served on the
petitioner. Proof and verification of service of pleadings as required in this
rule shall be filed with the Board within seven calendar days of accomplishing
such service.
(c) The response to
the petition shall clearly specify whether the responding agency or individual
opposes or supports the commutation. The response shall also include all
statements and arguments which form the basis of any opposition to the
petition. This shall include all written evidence, the names of all witnesses,
and a summary of the anticipated testimony upon which the responding agency or
individual intends to rely.
(8) If the Board grants a commutation
hearing, the Board Chair or designee will schedule and hold a pre-hearing
conference. At that conference the Board Chair or designee will schedule the
commutation hearing, identify and set the witnesses to be called, clarify the
issues to be addressed, and take any other action deemed necessary and
appropriate to conduct the commutation proceedings.
(9) There is no right to a commutation
hearing, and the Board retains complete and absolute discretion to determine
whether to grant a hearing on the commutation petition.
Notes
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