Section R671-313-4 - Petition Procedures(1) Within six months, or as soon as practicable, after receipt of the petition, the Board may:(a) deny the commutation petition without a hearing;(b) request a response from the original prosecuting agency, Attorney General's Office, the subject of the petition, or their counsel; or(c) grant a commutation hearing further consider the petition.(2) If the Board denies a commutation petition without a hearing, it shall notify the petitioner and counsel, if represented, and the original prosecuting agency. The notification shall include a brief rationale for the Board's decision.(3) The Board may request a response to the petition from the attorney general, district attorney, county attorney or city attorney whose office or agency originally prosecuted the counts, charges, or case resulting in the conviction and sentence for which commutation is sought; and from any attorney general, district attorney, county attorney or city attorney whose office represented the prosecuting agency or office in relation to any appeal or post-conviction litigation regarding any conviction or sentence which is the subject of the commutation petition, hereinafter referred to as the "state's response." The Board may also request a response from the subject of the petition or their counsel.(4) If the Board requests a response at any time, the state's response shall be filed with the Board within 60 days of the Board's request, and shall clearly specify whether the responding agency or individual opposes or supports the commutation. The response shall also include all statements and arguments which form the basis of any opposition to the petition. This shall include all written evidence, the names of all witnesses, and a summary of the anticipated testimony upon which the responding agency or individual intends to rely.(5) The Board, after considering the original commutation petition, and any requested response, may grant a commutation hearing, or may deny the petition. If the Board denies a commutation petition without a hearing, it shall notify the petitioner and counsel, if represented, and the original prosecuting agency. The notification shall include a brief rationale for the Board's decision.(6) If the Board grants a commutation hearing:(a) Within ten calendar days of receiving the Board's order granting a commutation hearing, the petitioner shall serve a copy of the commutation petition and all attachments upon any entity identified as "the state" in Subsection R671-313-4(3).(b) The petitioner shall also serve the subject of the petition or their counsel if the subject has not already been served.(c) Proof and verification of service of pleadings as required in this rule shall be filed with the Board within seven calendar days of accomplishing such service.(7)(a) Any responding agency or individual must file their response within 60 days of receiving a copy of the petition.(b) Responses shall be served on the petitioner. Proof and verification of service of pleadings as required in this rule shall be filed with the Board within seven calendar days of accomplishing such service.(c) The response to the petition shall clearly specify whether the responding agency or individual opposes or supports the commutation. The response shall also include all statements and arguments which form the basis of any opposition to the petition. This shall include all written evidence, the names of all witnesses, and a summary of the anticipated testimony upon which the responding agency or individual intends to rely.(8) If the Board grants a commutation hearing, the Board Chair or designee will schedule and hold a pre-hearing conference. At that conference the Board Chair or designee will schedule the commutation hearing, identify and set the witnesses to be called, clarify the issues to be addressed, and take any other action deemed necessary and appropriate to conduct the commutation proceedings.(9) There is no right to a commutation hearing, and the Board retains complete and absolute discretion to determine whether to grant a hearing on the commutation petition.Utah Admin. Code R671-313-4
Amended by Utah State Bulletin Number 2024-08, effective 4/1/2024