Utah Admin. Code R671-313-1 - Applicability
(1) For purposes of
this rule and the decisions, determinations and orders of the Utah Board of
Pardons and Parole Board, acting under its powers as authorized by the Utah
Constitution, commutation may mean the change or reduction of the severity of a
crime; the change or reduction of an imposed sentence; or the change or
reduction of the type or level of offense. Commutation is an act of clemency.
Commutation is not a conditional or unconditional pardon.
(2) No person has a right, privilege, or
entitlement to commutation or clemency.
(3) Petitions for commutation of a death
sentence shall be governed by applicable state constitutional provisions,
statutes, and Rule R671-312.
(4)
Any other petitions seeking commutation of a Utah conviction or sentence shall
be governed by applicable state constitutional provisions and statutes, and by
this administrative rule.
(5) As
used in this rule, "subject" means the person whose convictions or sentences
are sought to be commuted by the filing of a commutation petition with the
Board.
(6) Any person, individually
or through counsel, who has been convicted of any felony, Class A misdemeanor
or Class B misdemeanor offense in this state, may petition the Board for
commutation of such convictions or sentences entered or imposed in this state,
except for cases of treason or impeachment.
(7) The Utah Attorney General; assistant
attorneys general, as authorized by the attorney general; any county attorney
or district attorney; or any deputy county or deputy district attorney as
authorized by their elected county or district attorney; may petition the
Board, on behalf of any convicted person, for commutation of any such
conviction or sentence entered or imposed in this state, except for cases of
treason or impeachment.
(8) Any
document, pleading, notice, attachment, or other item which is submitted as
part of the commutation petition, response, or subsequent pleadings shall be
delivered to and filed with the Board.
(9) A commutation petition, any response
thereto, and any subsequent pleading, submission, or document submitted to the
Board for consideration in relation to a commutation petition are considered
public documents, unless the document is determined by the Board to be
controlled, protected, or private, pursuant to any other statute, law, rule, or
prior case law.
(10) Any order
issued by the Board relating to a commutation petition is a public
document.
Notes
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