Utah Admin. Code R671-314-1 - Rule

(1) For this rule, the "Department" means the Department of Corrections, the Department of Health and Human Services Clinical Health Services Division, or other designee of the Department of Corrections.

(2) The Board shall consider a compassionate release when specified exceptional circumstances exist.

(3) A compassionate release request submitted on behalf of an offender does not limit or preclude other requests for special attention or redetermination consideration.

(4) Compassionate release consideration shall be initiated upon the receipt of a written request, as specified in this rule, explaining the circumstances supporting the release.

(5) The Board shall consider a compassionate release in the following exceptional circumstances:

(a) Upon the request of the Department, the offender, an attorney representing the offender, or a member of the offender's immediate family, if an offender's public safety and recidivism risk is significantly reduced due to the effects or symptoms of advancing age, medical infirmity, disease, or disability, or mental health disease or disability, and the offender can be appropriately managed in the community;

(b) Upon the request of the Department, the offender, an attorney representing the offender, or a member of the offender's immediate family, if an offender suffers from a serious and persistent medical condition which requires extensive medical attention, nursing home care, or palliative care, or which cannot be adequately treated by the Department, and the offender can be appropriately managed in the community; or

(c) Upon the request of the Department, offender, or other interested person, if an offender's immediate family member dies within 120 days of a previously scheduled release.

(d) Requests made pursuant to Subsections (5)(a) and (b) of this rule will not be considered without corroborating documentation that is certified by a licensed medical professional.

(6) Unless the request for consideration of compassionate release is made by Board staff or the Department, the Board may request that the Department review the request, provide information as outlined in Subsection (9) of this rule, and make a recommendation.

(7) Requests for consideration of compassionate release that are repetitive, frivolous, or lacking in substantial merit shall be summarily denied and placed in the offender's file without a formal action or response.

(8) Unless otherwise ordered by the Board, requests for consideration of compassionate release shall be processed administratively based on written or electronic reports supplied to the Board without the personal appearance of the offender.

(9) If the compassionate release request is submitted pursuant to Subsections (5)(a) or (b) of this rule;

(a) the request shall include a report from the Department detailing;

(i) the specific effects, conditions, or symptoms to be considered;

(ii) the treatments available;

(iii) when possible, the prognosis of such effects, conditions, or symptoms;

(iv) if and how the offender's physical or mental capacity has been significantly reduced by a chronic or permanent condition; and;

(v) if community-based care will be required, a recommendation for the transition time necessary to complete arrangements for a care center, nursing home, or home care placement.

(b) The Board may order a compassionate release contingent upon completing arrangements for community-based care.

(10) For compassionate release requests submitted pursuant to this rule:

(a) Immediate family member is defined as a parent, stepparent, spouse, child, sibling, grandparent, or grandchild;

(b) If submitted pursuant to Subsection (5)(c) of this rule, the request shall be accompanied by a death certificate or other verification acceptable to the Board; and

(c) The Board may request that the Department review the request, provide any institutional or other reports requested by the Board, and make a recommendation regarding the request.

(11) Except as provided in Subsection (11)(a) of this rule, the Board may make a decision regarding a compassionate release with or without a hearing.

(a) Before granting a compassionate release pursuant to this rule, the Board shall hold a hearing if the compassionate release would occur before an offender's original hearing.

(i) If the Board in the Board's discretion determines that an offender within the Board's jurisdiction is unable, due to physical, mental, or other circumstances, to meaningfully participate in a Board hearing or other Board proceeding, the Board may appoint, at the Board's own expense, legal counsel or a lay representative to assist the offender.

(ii) The Board shall determine the scope of the representation described in Subsection (11)(a)(i) based on a review of the totality of the circumstances.

(b) Before granting a compassionate release without a hearing pursuant to this rule, the Board shall make a reasonable effort to contact, inform, and consider the input of any victim of record in the case for which the offender is incarcerated, if the victim of record has previously requested notice of hearings pursuant to Subsection 77-38-3(8).

Notes

Utah Admin. Code R671-314-1

Adopted by Utah State Bulletin Number 2015-22, effective 10/22/2015 Amended by Utah State Bulletin Number 2024-08, effective 4/1/2024