1. (1) Pursuant to Utah Constitution Article VII, Section 12, and Utah Code Section 77-27-5 (1992), a commutation hearing must be held before the full Board.

2. (2) Notice of the commutation hearing shall be sent to:

   1. (a) the victim's representatives;
   2. (b) the police agency which investigated the offenses for which commutation has been petitioned;
   3. (c) the office or agency responsible for the prosecution of the offenses for which commutation has been petitioned; and
   4. (d) the court which originally imposed the sentence for the offenses for which commutation has been petitioned.
3. (3) Public notice of the commutation hearing will also be made via the Board's website, and the State of Utah Public Meeting and Notice website.
4. (4) If not otherwise called as a witness, a victim representative shall be given the opportunity to attend the commutation hearing and to present testimony regarding the commutation petition, in accordance with, and subject to Subsections R671-203-4(1) and R671-203-4(3).
5. (5) A commutation hearing is not adversarial and neither party is allowed to cross-examine the other party's witnesses. However, the Board may ask questions freely of any witness, the petitioner, the petitioner's counsel, or the state's counsel.
6. (6) The Utah Rules of Evidence do not apply to a commutation hearing. However, any evidence and testimony sought to be introduced by the parties must be relevant to the issues to be decided by the Board. The Board, through the Board Chair, will make final determinations regarding evidence or testimony admissibility, relevance, or exclusion.

7. (7) In conducting the commutation hearing:

   1. (a) The Board Chair or designee will place any witnesses under oath and may impose a time limit on each party for presenting its case.
   2. (b) The Board will record the commutation hearing in accordance with Utah Code Subsection 77-27-8(2).
   3. (c) Rule R671-302, Public Access to Hearings, will govern media and public access to the hearing.
   4. (d) The Board may take any action it considers necessary and appropriate to maintain the order, decorum, and dignity of the hearing.
   5. (e) During the commutation hearing, no person, including either party, the petitioner, any witness, either party's counsel, or any other person associated with or employed by a party or counsel, may approach any member of the Board without leave from the Chair.

KEY: capital punishment, death sentence, commutation

Date of Last Change: November 9, 2025

Notice of Continuation: October 3, 2022

Authorizing, and Implemented or Interpreted Law: Art VII, Sec 12; 77-19-8; 77-27-2; 77-27-4; 77-27-5; 77-27-5.5; 77-27-8; 77-27-9; 77-27-9.5.