Utah Admin. Code R671-313-5 - Commutation Hearing
(1) Pursuant to
Utah Constitution, Article VII, Section 12, and Section
77-27-5, a commutation may only be
granted after a full hearing before the Board.
(2) If a commutation hearing is granted;
(a) notice of hearing shall be published on:
(i) the Board's website; and
(ii) The Utah Public Notice website;
and
(b) for each
conviction which is the subject of the commutation hearing, notice of the
hearing shall be mailed or otherwise sent to:
(i) any victim of record, if the victim can
be located;
(ii) the arresting or
investigating agency;
(iii) the
sentencing court; and
(iv) the
state.
(3) If
not otherwise called as a witness, a victim as defined in 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 Section
R671-203-4.
(4) The commutation hearing is not
adversarial and neither side 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, the subject of the petition, and the
subject's counsel. The Utah Rules of Evidence do not apply to a commutation
hearing.
(5) In conducting the
commutation hearing:
(a) The Board will place
all 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 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.
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.
No prior version found.