Utah Admin. Code R671-316-1 - Redetermination Review

(1) Redetermination is a process whereby the Department of Corrections (Department), a legal representative of the offender, or the offender may request that the Board review new, material, and significant information, or reconsider a prior decision.

(2) Redetermination of a previous decision may be considered if:

(a) the time requirements of this rule are met;

(b) the offender has no new criminal convictions since the entry of the decision for which redetermination is sought;

(c) the offender has no pending major disciplinary violations; and

(d) the Board finds cause to review the previous decision.

(3) The Department, a legal representative of the offender, or the offender may submit a redetermination request, asking the Board to reconsider a prior decision, if:

(a) the decision ordered the expiration of a life sentence, and at least ten years have passed since the Board's decision or any subsequent redetermination decision;

(b) the decision ordered a release, rehearing, or expiration of any sentence not involving the expiration of a life sentence, and at least five years have passed since the Board's decision or any subsequent redetermination decision; or

(c)

(i) the decision set an original hearing for a homicide offense, pursuant to Subsection R671-201-1(3)(a);

(ii) the original hearing was set more than 15 years following the offender's arrival at the prison; and

(iii) at least ten years have passed since the administrative review decision or any subsequent redetermination decision.

(4) A redetermination request shall:

(a) clearly and specifically state the reasons supporting the redetermination request;

(b) include a current report detailing the offender's case action plan compliance, treatment participation and history, disciplinary history, and current risk assessment; and

(c) be signed by the offender if not submitted by the Department.

(5) If the request for redetermination is not submitted by the Department, the Board may request that the Department review the request, provide any updated institutional, medical, or other report requested by the Board, and make a recommendation regarding the request.

(6) The Board may make a decision regarding a redetermination request with or without a hearing.

(7) When the Board reaches a redetermination decision, that decision shall be accompanied by a brief statement or rationale for that decision.

Notes

Utah Admin. Code R671-316-1

Amended by Utah State Bulletin Number 2015-21, effective 10/15/2015 Amended by Utah State Bulletin Number 2022-05, effective 2/16/2022