| (1) |
The Board of Pardons and Parole may consider the commutation of a death sentence only to life without parole. |
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Terms Used In Utah Code 77-27-5.5
- Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (2) |
Only the person who has been sentenced to death or his counsel may petition the Board of Pardons and Parole for commutation. |
| (3) |
The petition shall be in writing, signed personally by the person sentenced to death, and shall include a statement of the grounds upon which the petitioner seeks review. |
| (4) |
The state shall be permitted to respond in writing to the petition as may be established by board rules. |
| (5) |
The board shall review the petition and determine whether the petition presents a substantial issue which has not been reviewed in the judicial process. |
| (6) |
The board shall not consider legal issues, including constitutional issues, which:
| (a) |
have been reviewed previously by the courts; |
| (b) |
should have been raised during the judicial process; or |
| (c) |
if based on new information, are subject to judicial review. |
|
| (7) |
| (a) |
If the board does not find a substantial issue, the board shall deny the hearing to the petitioner. |
| (b) |
If the board finds a substantial issue, the board shall conduct a hearing in which the petitioner and the state may present evidence and argument as may be provided by board rules. |
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Amended by Chapter 13, 1994 General Session
