- (1) If the Board determines that it cannot consider the claims pursuant to Utah Code Section 77-27-5.5, it shall deny the petition.
- (2) If the Board determines the petition does not present a substantial issue for commutation, it shall deny the petition.
- (3) If the Board determines the petition presents a substantial issue for commutation, which has not, or could not have been reviewed by the judicial process, the Board may grant a commutation hearing or deny the petition without further pleadings, response, hearing, or submissions.
- (4) The Board shall issue an order either granting or denying a commutation hearing. The Board's order shall be delivered to the petitioner, counsel, and the state's counsel, either by mail or electronic mail.
(5) If the Board grants a commutation hearing, the Board Chair or another Board Member designated by the Chair, shall:
- (a) schedule and hold a pre-hearing conference with the petitioner's counsel and the state's counsel schedule the commutation hearing;
- (b) identify the witnesses to be called;
- (c) clarify the issues to be addressed; and
- (d) take any other action deemed necessary and appropriate to conduct the commutation hearing and proceedings.
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.