R671-204-1

R671-204-1. Permissible Hearing Continuances

Last amended: 2025Length: 294 wordsOfficial source

Cite as Utah Admin. Code R671-204-1

Board hearings may be continued: (1) to inquire into, investigate, assess, or respond to any issue associated with a: (a) possible lack of competency of the offender, pursuant to Utah Code Sections 77-15-2, 77-27-7.1 or Utah Admin. Rule R671-206; or (b) mentally ill offender or a mentally decompensating offender whose mental health has deteriorated to a point where the offender has been transferred to the state hospital, or whose mental illness renders the offender unable to attend, understand, or appropriately participate in a hearing, pursuant to Utah Code Section 77-16a-204 Rule R671-207; (2) when the offender is not available for the hearing for reasons the offender cannot control; (3) to allow an offender who has been determined by the Board to be unable to effectively represent themselves to obtain assistance at the hearing, pursuant to Rule R671-308; (4) upon the request of a victim of record who desires to participate in the hearing, pursuant to Rule R671-203, but who cannot reasonably attend the hearing as scheduled; (5) to await the adjudication or resolution of new or additional criminal charges; (6) to conduct a parole violation evidentiary hearing, pursuant to Rule R671-517; (7) at the motion or request of the offender or an attorney representing the offender, with a written waiver and stipulation for the continuance, and a minimum notice to the Board of three business days; (8) when the Board determines that new, additional, critical, or material information necessary for a full, fair, accurate, and complete hearing has not been received and will not be received by the scheduled hearing; or (9) when the Board finds that a continuance is in the interest of justice, procedural economy, or is necessary because of transportation, technical, security, or other issues beyond the control of the Board.
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