Administrative Code Provisions | U.A.C. R671-203-6 | 2021

(1) If an offenders original parole hearing is scheduled more than three years from the offenders commitment to prison, the victim or victim representative may request that the Board conduct a Victim Impact hearing, in order to preserve victim impact testimony for future use and reference by the Board.

(2) The Board may also conduct a Victim Impact hearing if a hearing, as defined by Utah Code Ann. Subsection 77-38-2(5)(g) and Utah Administrative Code Section R671-203-4, is to be held outside the State of Utah because the offender is housed in another state.

(3)

(a) The sole purpose of a Victim Impact hearing held pursuant to R671-203-6(1) is to afford an opportunity for victim impact testimony to be made in cases where an offenders original hearing is scheduled more than three years following commitment to prison, so that the victim is not denied an opportunity to participate in the offenders original hearing, simply because of the passage of time between the offenders commitment to prison and original hearing.

(b) A Victim Impact hearing is not a substitute for an original hearing.

(c) A Victim Impact hearing held pursuant to R671-203-6(1) will not result in a review, re-scheduling, or re-determination of a previously determined original hearing date.

(d) Victim Impact hearings are for the convenience of victims, and may take the place of the victims attendance and testimony at an out of state hearing.

(4) Victims who request, and for whom Victim Impact hearings are conducted, retain all rights afforded pursuant to constitutional provision, statute or Board rule, including: the right to notice of the original hearing and any future hearings the right to attend any hearing for the offender and the right to testify and make future statements to the Board at any hearing for the offender.

(5) In scheduling and conducting a Victim Impact hearing:

(a) All notice provisions of this Rule shall apply.

(b) All victim appearance, testimony and statement provisions of R671-203 shall apply.

(c) Unless the offender is housed in an out of state prison, the offender shall be present, pursuant to the provisions of R671-301, and shall be afforded an opportunity to respond to the victims testimony. However, this is not an opportunity for the offender to discuss the conviction, sentence or potential release.

(6) The Victim Impact hearing shall be recorded, pursuant to the provisions of R671-304.