1. (1) If restitution is not determined and ordered by the Board pursuant to Section R671-403-2 or Section R671-403-3, the Board may make an initial determination of restitution based upon the offender's convictions and the totality of the information available, including:

   1. (a) restitution determinations made by a court applicable to a co-defendant for the same criminal conduct or the same victim;
   2. (b) statements made by a victim, offender, or co-defendant relating to restitution, including statements made as part of a presentence report investigation;
   3. (c) reports or calculations provided by the Department indicating the amount which should be ordered as restitution;
   4. (d) statements made in any civil or criminal proceeding;
   5. (e) statements made in documents provided to the Board; or
   6. (f) statements made during Board hearings.

2. (2) When the Board determines an initial restitution amount, the Board or the Department shall:

   1. (a) inform the offender of the initial restitution determination; and
   2. (b) inform the offender that any objection to the initial restitution determination must be filed with the Board in accordance with this rule.
3. (3) If the offender agrees with, or does not object to, the initial restitution determination, that restitution amount shall be ordered by the Board.
4. (4) If the offender objects to the initial restitution determination, the offender shall inform the Board of the objection and request a restitution hearing.

5. (5) The offender's objection and request for a hearing:

   1. (a) shall be submitted to the Board in writing within 30 days of the initial restitution determination;
   2. (b) may be accompanied by a clear, brief statement explaining the offender's objections; and
   3. (c) may refer to or be accompanied by an explanation of any evidence, documents, or the names and addresses of witnesses upon which the offender will rely to support the objection.
6. (6) Following receipt of an offender's objection which complies with Section R671-403-4, the Board may change the initial restitution amount based upon the materials submitted by the offender, or may schedule a restitution hearing.
7. (7) Failure of an offender to file a timely objection shall waive and forfeit an offender's ability to contest a restitution order by the Board based upon the initial restitution determination.

KEY: restitution, hearings, parole

Date of Last Change: October 10, 2024

Notice of Continuation: November 10, 2021

Authorizing, and Implemented or Interpreted Law: Art. VII, Sec. 12; 64-13-30; 64-13-33; 77-18-1(6)(b); 77-22-5; 77-27-6; 77-27-9(4)(a); 77-27-10; 77-30-24; 77-38a-203(2)(d); 77-38a-302