Utah Admin. Code R671-404-1 - General Provisions

(1) This rule shall apply to offenders sentenced on or after July 1, 2021. For offenders sentenced before July 1, 2021, the procedures of Rule R671-403 shall apply.

(2) When the Board conducts its administrative review of an offender's record for purposes of setting an original hearing, it will determine if an order of restitution has been entered by the sentencing court.

(3) If no restitution order has been entered by the sentencing court when there is a conviction, the Board will refer the issue of restitution back to the sentencing court.

(a) Except in unusual circumstances, the Board will refer the issue of restitution back to the sentencing court before conducting the offender's original hearing.

(b) If an offender receives a new conviction and sentence after the original hearing, the Board will refer the issue of restitution in the new case back to the sentencing court as soon as practicable.

(c) In no event shall the Board refer a restitution issue back to the sentencing court beyond the time limits established in Section 77-18-118.

(4) When there is a conviction, if the sentencing court enters a restitution order, the Board will take no further action.

Notes

Utah Admin. Code R671-404-1

Adopted by Utah State Bulletin Number 2022-12, effective 6/9/2022