DAR File No. 37344
This notice was published in the March 1, 2013, issue (Vol. 2013, No. 5) of the Utah State Bulletin.
Pardons (Board Of), Administration
Rule R671-512
Execution of the Warrant
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 37344
Filed: 02/15/2013 10:55:20 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Section 77-27-11 states: Any member of the board may issue a warrant based upon a certified warrant request to a peace officer or other persons authorized to arrest, detain, and return to actual custody a parolee, and may upon arrest or otherwise direct the Department of Corrections to determine if there is probable cause to believe that the parolee has violated the conditions of his parole. Section 77-27-27 states: The appropriate officer or officers of this state shall as soon as practicable, following termination of any hearing, report to the sending state, furnish a copy of the hearing record, and make recommendations regarding the disposition to be made of the parolee or probationer by the sending state. Section 77-27-28 allows a hearing officer to hear cases of alleged parole or probation violation. Section 77-27-29 outlines the rights of the parolee. Section 77-27-30 outlines procedures for out-of state parolees and supervision.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No written comments have been received.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule ensures that when a warrant is executed, the parolee is provided with copies of the warrant, warrant request, Notice Regarding Parole Allegations, a Challenge to Probable Cause Determination, an Affidavit of Waiver and Plea of Guilt, and Waiver of Time. Timely delivery of these documents to the parolee ensures due process. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Pardons (Board Of)AdministrationRoom 300
448 E 6400 S
SALT LAKE CITY, UT 84107-8530
Direct questions regarding this rule to:
- John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at [email protected]
Authorized by:
Clark Harms, Chairman
Effective:
02/15/2013
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130301.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact John Green at the above address, by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at [email protected].