ut-20261001-R671-101: R671-101. Definitions

1. Agency Information

Title catchline: Pardons (Board of), Administration Street address: 448 E Winchester St, #300 City, state: Murray, UT 84107

2. Contact Persons

Name: Phone: Email: Jennifer Yim 801-261-6464 jmyim@utah.gov Christopher Fournier 801-366-0216 cfournier@utah.gov Please address questions regarding information on this notice to the persons listed above.

B. Purpose of the new rule or reason for the change:

The purpose of this amendment is to define "rescission" to provide clarity and consistency within this rule.

C. Summary of the new rule or change:

The definition establishes that rescission refers to the withdrawal of a previously granted, but not yet effective, release date, including parole or termination, ensuring the term is applied consistently throughout the Board of Pardons' (Board) rules. 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

Because the definition change does not impact procedure, there is no fiscal impact on state budget.

B. Local governments:

This rule change is not anticipated to have any fiscal impact on local governments because local governments are not regulated by this rule.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change does not have a fiscal impact on small businesses because small businesses are not regulated by this rule.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The proposed rule changes do not have a fiscal impact on non-small businesses because non-small businesses are not regulated by this rule. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): Because the definition change does not impact procedure, there is no fiscal impact on persons other than small businesses, non- small businesses, state or local government entities. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 173 NOTICES OF PROPOSED RULES

F. Compliance costs for affected persons:

There are no compliance costs for affected persons because this rule is definitional and does not affect procedure. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 0 0 0 0 Local Governments 0 0 0 0 0 Small Businesses 0 0 0 0 0 Non-Small Businesses 0 0 0 0 0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Board Administrator of the Board of Pardons and Parole, Jennifer Yim, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and fo☒mation:

9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Subsection 77-27-9(5) Title 63G, Chapter 3 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/02/2026

B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.): Date: Time: Place (physical address or URL): 10/07/2026 4:00 PM 448 E Winchester St Suite 300 Murray, UT 12. Effective Date Information This rule change MAY become effective on: 11/09/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 174 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES 13. Agency Authorization Information Agency head or Blake Hills, Chair Date: 08/18/2026 designee and title: R671. Pardons (Board of),Administration. R671-101. Definitions. R671-101-1. Definitions. Unless otherwise provided, as used in [Rule ]Title R671: (1) "Commutation" means 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) "Confinement" means a person is held in a jail or a prison or otherwise in the custody of a peace officer pursuant to a lawful arrest. Confinement does not mean an involuntary hold pursuant to a civil order or proceeding. (3)(a) "Conviction" means a plea or conviction of: (i) guilty; (ii) guilty with a mental illness; or (iii) no contest. (b) "Conviction" includes a plea that is held in abeyance pursuant to a plea in abeyance agreement as defined in Utah Code Section 77-2a-1; (c) "Conviction" does not include: (i) a withdrawn or dismissed plea; or (ii) a diversion agreement. (4) "Correctional facility" means any of the Utah prison facilities operated by the Department or any portion of a county jail contracted with the Department to house offenders. (5) "Custody"; except when the rule provides a distinction between "custody" and "provisional custody," means that a person is held in jail or prison, and includes a person who is: (a) in the custody of a peace officer pursuant to a lawful arrest; (b) a minor confined in a facility operated by the Division of Juvenile Justice and Youth Services, following conviction as an adult in district court, when the district court obtained jurisdiction over the minor pursuant to Utah Code Section[s] 78A-6-450, 78A-6-451, or 80-6- 501 to 80-6-505[ et. Seq.]; or (c) committed to the Department of Corrections, but who is housed at the Utah State Hospital or other medical facility. (6) "Department." Unless otherwise stated in an individual rule, "department" means the Utah Department of Corrections. (7) "Effective date," as used in a Board decision, means the event or action shall occur on or before 11:59 p.m. on the designated day. Whenever a calendar date is identified in a Board decision, it shall be the "effective date." (8) "Health and Human Services" means the Utah Department of Health and Human Services, including the Division of Correctional Health Services. (9) A"hearing official" is a Board member, a Board member pro tempore, or a hearing officer. (10) "Incompetent to proceed" means the offender is suffering from a mental disorder or intellectual disability resulting in either: (a) an inability to have a rational and factual understanding of a pending Board hearing; or (b) an inability to consult with counsel and participate in a hearing with a reasonable degree of rational understanding. (11) "Maximum Parole Term" is the expiration date of an offender's combined sentences, or the last day of the offender's legislative parole term, as set forth in Utah Code Section 76-3-202, whichever occurs first. (12) "Media" means a bona fide newspaper, magazine, or broadcast media enterprise, whether conducted on a for-profit or nonprofit basis, engaged in the business of providing news and information to the general public. per Section 53-25-101. (13) "Mentally decompensating offender" means an individual who is in the custody of the Department of Corrections (Department), who has not been adjudicated as a mentally ill offender by a court, but whose mental health has decompensated to the point that admission to the State Hospital is necessary to ensure adequate mental health treatment. (14) "Mentally ill offender" means an individual who has been adjudicated guilty with a mental illness, including an individual who has an intellectual disability, pursuant to Utah Code Section 77-16a-202. (15) "Public hearing" means a hearing that is available to be viewed by a member of the public, whether in person or by live internet streaming. Public hearing includes "hearing" as discussed in Utah Code Subsection 77-38-2(5)(g). Every personal appearance hearing is a public hearing. (16) A"pardon" is an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction. A pardon releases an applicant from the punishment prescribed for a criminal offense and from disabilities, to the extent allowable by law, that are a result of the criminal conviction. A pardon reinstates any civil rights lost as a result of conviction or punishment for a criminal offense, to the extent allowable by law. (17) "Provisional custody" means a minor confined in a facility operated by the Division of Juvenile Justice and Youth Services, following conviction as an adult in district court, when the district court obtained jurisdiction over the minor pursuant to Utah Code Section 78A-6-450, 78A-6-451, or 80-6-501 et. Seq. (18) "Remit" or "remission" means to forgive or to excuse, in whole or in part, any unpaid amount of a criminal accounts receivable, as in Utah Code Section 77-32b-102. (19) "Rescission" means to take away a previously granted but not yet effective release date, including parole or termination. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 175 NOTICES OF PROPOSED RULES ([17]20) "Sentence" means: (a) A judgment, sentence, or commitment issued by a district court pursuant to Utah Code Subsection 77-18-105(2) for a criminal conviction. (b) When a person is sentenced to prison after being convicted of multiple counts in the same criminal case, or after being convicted in multiple cases, credit for time served will be calculated separately for each sentence. ([18]21) "State Hospital" means the Utah State Hospital or other facilities designated by the Utah State Hospital where offenders may be housed for mental health treatment. ([19]22) "Victim" means: (a) a person against whom the offender committed an offense over which the Board has jurisdiction; (b) the victim's family if the victim is deceased as a result of the offense over which the Board has jurisdiction; (c) f[F]or the purposes of a revocation hearing or other hearing where the Board is adjudicating whether conduct occurred a victim includes a person against whom the offender allegedly committed an offense or other parole violation; or (d) e[E]xcept for purposes of notification and in the Board's discretion, a victim may also include 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. ([20]23) "Victim representative" means a person designated by a victim or by this rule to represent a victim during Board processes, hearings, or communications. KEY: pardons, parole Date of Last Change: 2026[December 24, 2025] Notice of Continuation: March 6, 2026 Authorizing, and Implemented or Interpreted Law: 77-27-9(5); 63G-3 NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58186