Administrative Code Provisions | U.A.C. R671-312A-5 | 2021
(1) Pursuant to Utah Constitution, Art. VII, Section 12, and Utah Code Ann., Section 77-27-5, a commutation hearing must be held before the full Board.
(2) Notice of the commutation hearing shall be sent to:
(a) the victims representatives
(b) the police agency which investigated the offenses for which commutation has been petitioned
(c) the office or agency responsible for the prosecution of the offenses for which commutation has been petitioned and
(d) the court which originally imposed the sentence for the offenses for which commutation has been petitioned.
(3) Public notice of the commutation hearing will also be made via the Boards internet website, and the State of Utah Public Meeting and Notice website.
(4) If not otherwise called as a witness, a victim representative, as defined by Section R671-203-1, shall be afforded the opportunity to attend the commutation hearing and to present testimony regarding the commutation petition, in accordance with, and subject to the provisions of Subsections R671-203-4 A through C, and F.
(5) A commutation hearing is not adversarial and neither party is allowed to cross-examine the other partys witnesses. However, the Board may ask questions freely of any witness, the petitioner, the petitioners counsel, or the states counsel.
(6) The Utah Rules of Evidence do not apply to a commutation hearing. However, all evidence and testimony sought to be introduced by the parties must be relevant to the issues to be decided by the Board. The Board, through the Board Chair, will make all final determinations regarding evidence or testimony admissibility, relevance, or exclusion.
(7) In conducting the commutation hearing:
(a) The Board Chair or designee 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, News Media and Public Access to Hearings, will govern media and public 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.
(e) During the commutation hearing, no person, including either party, the petitioner, any witness, either partys counsel, or any other person associated with or employed by a party or counsel, may approach any member of the Board without leave from the Chair.