Utah Admin. Code R671-522-1 - Continuances Due to Pending Criminal Charges
(1) The Board may,
in its discretion, and in accordance with statute, continue hearings and
scheduling reviews to allow for adjudication of pending criminal
charges.
(2)
(a) The Board may delay the scheduling review
process if, at the time of commitment, an offender has a pending criminal
case.
(b) A pending criminal case
means:
(i) charged conduct that has not
reached a resolution; or
(ii)
uncharged conduct that is being screened for prosecution, unless one year has
passed since the day on which the Board was notified of the screening and no
charge has been filed within that time period.
(c) If the Board delays the scheduling review
process due to charged conduct that has not reached a resolution under
Subsection (2)(b)(i), the Board shall schedule a paper review not later than
six months from the date of the offender's commitment to prison, noting the
pending case numbers awaiting resolution.
(d) At the time of the paper review, Board
staff shall review the status of the pending case numbers and route the file to
the Board for a decision.
(i) If the pending
cases have resolved, the Board shall continue with the scheduling review
process as outlined in Subsection R671-201-1(1)(a).
(ii) If the pending cases have not resolved,
the Board may schedule another paper review within six months.
(e) If the Board delays the
scheduling review process due to uncharged conduct being screened for
prosecution under Subsection (2)(b)(ii), the Board shall issue a decision
within six months of the offender's commitment to prison noting the date the
Board was made aware of the uncharged conduct and, if possible, the entity that
informed the Board of the uncharged conduct. The Board shall set a paper review
not later than six months from the date of the decision.
(f) Board staff shall monitor the status of
the uncharged conduct. In advance of the paper review, Board staff shall
summarize the status of the uncharged conduct, including whether charges have
been filed, and route the file to the Board for a decision.
(i) If no case has been filed in connection
with the uncharged conduct one year since the day on which the Board was
notified of the screening, the Board shall continue with the scheduling review
process as outlined in Subsection R671-201.
(ii) If a case has been filed in connection
with the previously uncharged conduct, the Board may schedule a paper review in
accordance with Subsection (c).
Notes
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The board may, in it's discretion, continue hearings to allow for adjudication of new criminal charges.