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Understanding the Recent Change to Utah Board of Pardons and Parole Rule 671-201 (Scheduling of Original Hearings): What You Need to Know

Writer's picture: RyanRyan

The Utah Board of Pardons and Parole (BOPP) recently modified its Administrative Rules governing how and when will be scheduled for his or her initial parole hearing appearance before it, known as the Original Hearing (OH). This modification, which went into effect April 1, 2024, is significant and a major change to Rule 671-201 which applies to when OHs have been scheduled in the past, and are currently being scheduled, having done away with the former timeframes when an inmate would normally appear before the BOPP according to the most serious type and degree of conviction for which the inmate was under BOPP jurisdiction. For example, according to the old rule, an inmate whose most serious conviction was a Second-Degree assault crime would be tentatively scheduled to appear before the BOPP for an OH six months after arriving to prison and one whose most serious conviction was a Second-Degree sex crime would tentatively be scheduled for an OH twelve months after arriving to prison. Now, those timeframes no longer exist, and inmates’ OHs will be scheduled anytime up to about twelve months before the end of the indeterminate sentencing term of the most serious conviction, which, using a Second-Degree conviction as the example, would be up to about 14 years on the 15-year maximum sentence. 

Longer Wait Times for Original Hearings from the Utah Board of Pardons and Parole
Longer Wait Times for Original Hearings from the Utah Board of Pardons and Parole

The newly modified rule calls for the scheduling of every OH to be done through a “Scheduling Review” review process, which means that most inmates will not have their OHs scheduled for years after arriving to prison, based primarily on their guideline release date. The scheduling review process, will effectively alter the course of inmate rehabilitation and reentry opportunities, causing inmates to be incarcerated longer prior to being released. 

As a law firm focused on protecting the rights of those involved in the criminal justice system, it’s important for our clients, their families, and other legal professionals to fully understand this change and its impact. Here, we will break down what the new statute entails, why it matters, and how our team can help navigate this complex process. 

 

Why This Matters: Longer Wait Times for Original Hearings 

The new modification is a further extension of the “Smart Scheduling” practice the BOPP began during the COVID-19 pandemic, which was substantially driven by workload issues faced by the BOPP, conditions and issues that continue with the BOPP today. 

Under the new rule change, the scheduling of OHs are now subject to a lengthier timeline, meaning that for almost all inmates and their loved ones, the wait for the inmate to appear for the first time before the BOPP will likely extend beyond what was previously expected. OHs will now be scheduled after a longer initial period of incarceration, which is a significant shift from the previous statute rule, where original hearings were set closer to the inmate’s sentencing date. 

The delay in the scheduling of OHs will have a profound impact on incarcerated individuals and their families, as the original hearing represents a key opportunity for inmates to present to the BOPP their rehabilitative progress and plans for reentry into society. The longer wait times can potentially affect their mental health, access to support resources, and overall optimism about their prospects for the future. Because Utah statutory law prohibits an inmate from being released by the BOPP prior to the inmate receiving an OH on new convictions under BOPP jurisdiction, the scheduling of the inmate’s OH serves as a “floor” or minimum amount of time the BOPP has determined the inmate must serve before being considered for release at all. Moreover, this change also means that with inmates are spending more time incarcerated than before the rule change, more strain on prison resources and costs are increased, ultimately affecting the broader criminal justice system and Utah’s fiscal and economic systems. 

 

What This Means for You 

If you or a loved one are awaiting a hearing before the Utah Board of Pardons and Parole, will likely and significantly alter your expectations. It is more critical than ever to have a clear understanding of your rights and the options available to you. Our law firm is here to provide the guidance and advocacy you need during this uncertain time. We have a deep understanding of BOPP rules, processes and procedures, and with over 30 years of experience in this area, we are well-equipped to help you navigate this new challenge, and all challenges inmates faces when dealing with the BOPP. 

 

How We Can Help 

We have more than 40 years combined experience of navigating the parole process within Utah’s indeterminate sentencing structure, and for the layperson, and many concerned professionals involved, doing so has always been a complex and emotional undertaking and journey. With this new BOPP rule change, the need for assistance by experienced legal counsel has never been greater. Our team can assist by: 

  • Providing personalized legal advice: We’ll help you understand how this new BOPP rule change may impact your unique situation and the legal steps you can take to prepare for your parole hearing. 

  • Preparing for the parole hearing: From compiling necessary documentation to advocate on the inmate’s behalf, to preparing the inmate to testify at hearings, our experienced attorneys will be there for the inmate and his loved ones throughout the entire process. 

  • Ensuring compliance with new requirements: Whenever there are changes in the law, we will ensure that all necessary procedural steps are followed correctly, and that inmates and their loved ones remain in compliance with any new statutory regulations or rule changes. 

 

Moving Forward 

While this BOPP rule change to the parole process may seem daunting, know that you don’t have to face dealing with it or the BOPP alone. Our team of attorneys is ready to stand by your side, offering the strategic guidance and support needed. We believe in second chances and are committed to ensuring that the Utah parole system works fairly for all those involved. 

 

Schedule an Appointment Today 

Don’t let Utah’s parole process leave you uncertain about the future. If you have questions about how this rule change to the BOPP’s scheduling of original parole hearings might affect your case or your loved one’s parole hearing, don’t hesitate to reach out to us. We’re here to help you understand all BOPP rules and any related laws as well as advocate for your rights during this critical time. 

Schedule an appointment with our experienced legal team today to discuss how we can help develop and carry out the right legal strategy to ensure your rights are protected and to guide you through every step of dealing with the Utah Board of Pardons and Parole. Time is of the essence—act now to secure the support you need. 

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