R251. Corrections, Administration.
R251-401. Supervision Fees.
R251-401-1. Authority and Purpose.
(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-21, of the Utah Code.
(2) The purpose of this rule is to define the UDC's policy regarding offenders' monthly supervision fees including criteria for the suspension or waiver of fees and the circumstances under which an offender may request a hearing.
(1) "Board" means Board of Pardons and Parole.
(2) "Fee suspension" means temporary, time-limited suspension of required fee payment when inability to pay is a result of short-term, substantial hardship.
(3) "Fee waiver" means long-term waiver of fee payment when the substantial hardship causing an inability to pay is highly unlikely to change during the period of supervision.
(4) "Substantial hardship" means any condition which would cause gross monthly household income to be below the Federal Poverty Level.
(5) "UDC" means Utah Department of Corrections.
It is the policy of the Department that:
(1) in accordance with Section 64-13-21, of the Utah Code, offenders on probation or parole shall be assessed a monthly supervision fee of $30.00 if the offense was committed after May 3, 1993;
(2) court- or Board-ordered supervision fees may be waived if the order would create a substantial hardship as determined by the supervising agent and a supervisor or if the offender owes restitution to a victim;
(3) if the offender disagrees with a non-hardship finding, the decision may be appealed up to the appropriate Regional Administrator, whose decision shall be binding;
(4) offenders required to pay supervision fees shall be provided with written procedures regarding the appeal process;
(5) former offenders who had a fee suspension or waiver when their supervision ended, shall not automatically assume the same status if placed on probation or parole again;
(6) offenders who obtain a suspension or waiver shall not be eligible for a refund of any fees previously paid; and
(7) eligible offenders shall reapply for a suspension or waiver of supervision fees each time they are placed on probation or parole.
KEY: fees, supervision, offenders
Date of Enactment or Last Substantive Amendment: October 25, 2007
Notice of Continuation: May 31, 2017
Authorizing, and Implemented or Interpreted Law: 64-13-21