Section R671-313-5 - Commutation Hearing(1) Pursuant to Utah Constitution, Article VII, Section 12, and Section 77-27-5, a commutation may only be granted after a full hearing before the Board.(2) If a commutation hearing is granted; (a) notice of hearing shall be published on: (i) the Board's website; and(ii) The Utah Public Notice website; and(b) for each conviction which is the subject of the commutation hearing, notice of the hearing shall be mailed or otherwise sent to: (i) any victim of record, if the victim can be located;(ii) the arresting or investigating agency;(iii) the sentencing court; and(3) If not otherwise called as a witness, a victim as defined in Section R671-203-1, shall be given the opportunity to attend the commutation hearing, and to present testimony regarding the commutation petition, in accordance with, and subject to Section R671-203-4.(4) The commutation hearing is not adversarial and neither side is allowed to cross-examine the other party's witnesses. However, the Board may ask questions freely of any witness, the petitioner, the petitioner's counsel, the subject of the petition, and the subject's counsel. The Utah Rules of Evidence do not apply to a commutation hearing.(5) In conducting the commutation hearing:(a) The Board will place all witnesses under oath and may impose a time limit on each party for presenting its case.(b) The Board will record the commutation hearing in accordance with Subsection 77-27-8(2).(c) Rule R671-302 "Public Access to Hearings" will govern access to the hearing.(d) The Board may take any action it considers necessary and appropriate to maintain the order, decorum, and dignity of the hearing.Utah Admin. Code R671-313-5
Amended by Utah State Bulletin Number 2024-08, effective 4/1/2024