Section R671-203-1 - General Provisions(1) "Victim" means: (a) A natural person against whom a charged crime or conduct is alleged to have been perpetrated or attempted by an offender personally or as a party to the offense or conduct, for which a conviction was entered and for which the Board has jurisdiction;(b) A natural person originally named as an alleged victim in an allegation of criminal conduct who is not a victim of the offense of Board jurisdiction to which the defendant entered a negotiated plea of guilty or no contest; or(c) A victim representative as provided in Subsection R671-203-1(2).(d) Pursuant to Subsection 77-38-2(9), for purposes of the right to be present, "victim of crime" does not mean any person who is in custody as a pretrial detainee, as a prisoner following conviction for an offense, or as a juvenile who has committed an act that would be an offense if committed by an adult, or who is in custody for mental or psychological treatment. The Board may consider written submissions from any of the foregoing individuals.(2) "Victim representative" means: a person designated by a victim or by this rule to represent a victim during Board processes, hearings, or communications.(3) Pursuant to Subsection 77-27-13(2), the Department of Corrections (Department) shall provide the Board with any available information in its records or possession concerning the impact a crime may have had upon the victim or victim's family.(4)(a) Pursuant to Subsection 77-27-13(5)(a), within 30 days from the date of sentencing the prosecutor of the case responsible for an offender's arrest, conviction, and sentence, shall forward to the Board any victim impact statement in its possession that refers to any physical, mental, or economic loss suffered by the victim or victim's family.(b) Upon request of the Board pursuant to Subsection 77-27-13(4), any other law enforcement official responsible for an offender's arrest, prosecution, conviction, sentence, supervision or incarceration, shall forward to the Board any victim impact statement in its possession that refers to any victim contact information or any physical, mental, or economic loss suffered by the victim or victim's family.(5) No victim or victim representative appearing at a hearing may be photographed without the approval of the victim, victim representative, and the presiding hearing official.(6)(a) Victims are encouraged to: (i) visit the Board's website, bop.utah.gov, as soon as possible to obtain information about Board procedures; and(ii) provide information to the Board for future notifications.(b) The Board shall maintain information in written form and on its website, bop.utah.gov, for victims about Board procedures, victim notification, attending hearings, submitting victim impact information, and testifying at hearings.(7) Victims are encouraged to utilize the Board's website, bop.utah.gov, to learn of decisions and hearing outcomes. Victims may also contact the Board, after any parole hearing, for information concerning the outcome of that hearing. Victims may also contact the Department for information regarding offender releases.(8) Persons attending hearings must comply with the security and clearance regulations of the facility where the hearing is held. These regulations may include picture identification, appropriate dress, and no contraband. Persons who want to attend a hearing should contact the Department directly or on their website, corrections.utah.gov, for the latest information regarding security and visiting information.Utah Admin. Code R671-203-1
Amended by Utah State Bulletin Number 2018-3, effective 1/8/2018Amended by Utah State Bulletin Number 2022-12, effective 6/9/2022