ut-20261001-R671-201: R671-201. Original Hearing Schedule and Notice

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.

A. Rule or section catchline:

R671-201. Original Hearing Schedule and Notice

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

The amendment clarifies how original hearings are scheduled, including notice requirements and how scheduling changes may be handled. It also sets specific timelines for offenders who were under 18 at the time of the offense and clarifies hearing eligibility, including required victim advocate referrals.

C. Summary of the new rule or change:

This change provides an exception to the juvenile hearing timelines when an offender commits a new offense after turning 18. In those cases, the Board of Pardons has full discretion to continue or reschedule the offender's hearing under the other applicable rules. 176 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated impact on state budgets because the changes clarify process but do not impact procedure cost.

B. Local governments:

This rule change is not anticipated to have any fiscal impact on local governments because it does not affect local governments.

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 change does 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): There is no fiscal impact on persons other than small businesses, non-small businesses, state or local government entities because the rule changes clarify process but do not impact procedure cost.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons because the rule changes clarify process and does not impact procedure cost. 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. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 177 NOTICES OF PROPOSED RULES 8. Family Impact Information

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

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: Utah Constitution, Article VII, Section 12 Section 77-27-5 Section 77-27-7 Section 77-27-9 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) 13. Agency Authorization Information Agency head or Blake Hills, Chair Date: 08/18/2026 designee and title: R671. Pardons (Board of),Administration. R671-201. Original Hearing Schedule and Notice. R671-201-1. Schedule and Notice. (1)(a) The Board shall conduct a scheduling review to determine the month and year of an offender's original hearing, and provide timely notice to the offender, within six months of the offender's commitment to prison, and provide notice in accordance with Rule R671-203 Victim Input and Notification. (b)(i) No original hearing may be scheduled for any offender whose prison commitment includes a sentence of death. (ii) No original hearing will be scheduled for any offender whose sentence includes a commitment of life without the possibility of parole. The Board will not consider parole for any offender whose prison commitment includes a sentence of life without parole, unless the requirements of Utah Code Subsection 77-27-9(7) are met. (iii) Every other offender will be scheduled for an original hearing as described in this rule. (2) For purposes of this rule, "scheduling review" means the process by which the Board schedules the month and year for an offender's original hearing. (3) The date of the original hearing or scheduling review may be adjusted if: (a) an offender requests a delay or continuance; (b) an offender has unadjudicated criminal charges pending at the time a hearing would normally be held; (c) a ClassAmisdemeanor commitment has expired before an original hearing; or (d) the Board determines that other unusual or extraordinary circumstances impact the scheduling of an original hearing; or (e) calendar constraints exist. (4)(a) When scheduling an original hearing by scheduling review, the Board may consider the following:[,] guideline date;[,] pre- sentence report, [(]including victim impact statements[),]; nature of the offense;[,] rehabilitative needs;[,] and any relevant documentation provided. (b) If the Board obtains and considers additional information which was not available to the offender before or at the time of sentencing, the additional information shall be provided to the offender. The offender may provide a response to any of the disclosed materials before or at the original hearing. (5) When scheduling an original hearing by scheduling review, if the offender was less than 18 years of age at the time of the commitment offense, the original hearing shall be scheduled: 178 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES (a) no later than 6 months before the individual's 25 birthday, so long as the individual is in secure care, in the provisional custody of the Division of Juvenile Justice and Youth Services, at the time of the hearing. (b) no later than 10 years after the individuth's transfer to the custody of the Utah Department of Corrections if the individual is transferred to the custody of the department before their 25hday, so long as the total amount of time after the date of sentencing does not exceed 15 years. (c) ExceptionforAdultOffenses:Ifanoffenderisconvictedofanewoffensecommittedafterattaining18yearsofage,thelimitations set forth in Subsections (5)(a) and (b) shall not apply. Under these circumstances, the Board retains full authority to continue or reschedule the offender's hearing in accordance with all other applicable sections of this rule. (6) When the Board sets an original hearing in Subsection (5), the Board shall make a referral to the victim advocate at Health and Human Services to provide support and assistance should the victims of record choose to participate in any Board hearings to which they are entitled to participate. (7) An offender may request in writing that their original appearance and hearing before the Board be continued. The request shall specify the reasons supporting the request. The Board may grant or deny the offender's request in its sole discretion. KEY: parole, inmates, hearings Date of Last Change: 2026[December 24, 2025] Notice of Continuation: September 17, 2024 Authorizing, and Implemented or Interpreted Law: Art. VII Sec. 12; 77-27-5; 77-27-7; 77-27-9 NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58181